Allan Fence Co / Adams Park Fencing 174 alit&
— GEM oft e DESERT —
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Steve Howlett, Facilities Director
DATE: September 22, 2017
RE: Allan Fence Construction, Project No. 2017-12 Adams Park Perimeter
Fencing, Fence Installation at Adams Park along Adams Street.
Attached for your signature is the contract with Allan Fence Construction, for the installation
of fencing at Adams Park along Adams Street for Project No.2017-12 Adams Park Perimeter
Fencing.
Please sign the attached agreement(s) and return to the City Clerk for processing and
distribution.
Requesting department shall check and attach the items below as appropriate:
X Contract payments will be charged to account number: 503-0000-71060
X Amount of Agreement, Amendment, Change Order, etc.: $37,925
NA A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
NA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authority to execute this agreement is based upon:
NA Approved by the City Council on
X City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures
of $50,000 or less. This expenditure is $37,925 and authorized by contract approved by Steve Howlett.
SH Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following required documents are attached to the agreement:
X Insurance certificates as required by the agreement (approved by Risk Manager on date)
NA Performance bonds as required by the agreement (originals)
X City of La Quinta Business License number LIC -0000763, exp 05/31/2018
X A requisition for a Purchase Order has been prepared (amounts over $5,000)
X A copy of this Cover Memo has been emailed to Finance (Sandra)
Revised May 2017
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into
by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ALLEN
FENCE CONSTRUCTION ("Contracting Party"). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to the Adams Park perimeter
fencing, Project No. 2017-12, as specified in the "Scope of Services" attached hereto as "Exhibit
A" and incorporated herein by this reference (the "Services"). Contracting Party represents and
warrants that Contracting Party is a provider of first-class work and/or services and Contracting
Party is experienced in performing the Services contemplated herein and, in light of such status
and experience, Contracting Party covenants that it shall follow industry standards in
performing the Services required hereunder, and that all materials, if any; will be of good
quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry
standards" shall mean those standards of practice recognized by one or more first-class firms
performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City
and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable
Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein,
Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals
as may be required by law for the performance of the Services required by this Agreement,
including a City of La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term
of this Agreement any licenses, permits, and approvals that are legally required for the
performance of the Services required by this Agreement. Contracting Party shall have the sole
obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest,
which may be imposed by law and arise from or are necessary for the performance of the
Services required by this Agreement, and shall indemnify, defend (with counsel selected by
City), and hold City, its elected officials, officers, employees, and agents, free and harmless
against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all subcontractors'
compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants
that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has
investigated the site where the Services are to be performed, if any, and fully acquainted itself
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with the conditions there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and restrictions attending
performance of the Services under this Agreement. Should Contracting Party discover any
latent or unknown conditions materially differing from those inherent in the Services or as
represented by City, Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party's risk until written instructions are received from the
Contract Officer (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that the
Services contracted for under this Agreement require specialized skills and abilities and that,
consistent with this understanding, Contracting Party's work will be held to an industry
standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting
Party represents to City that it holds the necessary skills and abilities to satisfy the industry
standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable
methods during the life of this Agreement to furnish continuous protection to the Services
performed by Contracting Party, and the equipment, materials, papers, and other components
thereof to prevent losses or damages, and shall be responsible for all such damages, to persons
or property, until acceptance of the Services by City, except such losses or damages as may be
caused by City's own negligence. The performance of Services by Contracting Party shall not
relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or
defective work at no further cost to City, when such inaccuracies are due to the negligence of
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the Scope
of Services ("Additional Services") only when directed to do so by the Contract Officer, provided
that Contracting Party shall not be required to perform any Additional Services without
compensation. Contracting Party shall not perform any Additional Services until receiving prior
written authorization (in the form of a written change order if Contracting Party is a contractor
performing the Services) from the Contract Officer, incorporating therein any adjustment in
(i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments
are subject to the written approval of Contracting Party. It is expressly understood by
Contracting Party that the provisions of this Section shall not apply to the Services specifically
set forth in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional Services shall be
barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's
written authorization for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether by way of
compensation, restitution, quantum meruit, or the like, for Additional Services provided
without the appropriate authorization from the Contract Officer. Compensation for properly
authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this Agreement, if any,
which are made a part hereof are set forth in "Exhibit D" (the "Special Requirements"), which is
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incorporated herein by this reference and expressly made a part hereof. In the event of a
conflict between the provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed thirty seven thousand, nine hundred and
twenty five Dollars ($37,925) (the "Contract Sum"), except as provided in Section 1.7. The
method of compensation set forth in the Schedule of Compensation may include a lump sum
payment upon completion, payment in accordance with the percentage of completion of the
Services, payment for time and materials based upon Contracting Party's rate schedule, but not
exceeding the Contract Sum, or such other reasonable methods as may be specified in the
Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party
at all project meetings reasonably deemed necessary by City; Contracting Party shall not be
entitled to any additional compensation for attending said meetings. Compensation may
include reimbursement for actual and necessary expenditures for reproduction costs,
transportation expense, telephone expense, and similar costs and expenses when and if
specified in the Schedule of Compensation. Regardless of the method of compensation set
forth in the Schedule of Compensation, Contracting Party's overall compensation shall not
exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to
receive payment, Contracting Party shall submit to City no later than the tenth (10th) working
day of such month, in the form approved by City's Finance Director, an invoice for Services
rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services
provided, including time and materials, and (2) specify each staff member who has provided
Services and the number of hours assigned to each such staff member. Such invoice shall
contain a certification by a principal member of Contracting Party specifying that the payment
requested is for Services performed in accordance with the terms of this Agreement. Upon
approval in writing by the Contract Officer and subject to retention pursuant to Section 8.3, City
will pay Contracting Party for all items stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the City's Finance
Department.
2.3 Compensation for Additional Services. Additional Services approved in advance
by the Contract Officer pursuant to Section 1.7 of this Agreement shall be paid for in an amount
agreed to in writing by both City and Contracting Party in advance of the Additional Services
being rendered by Contracting Party. Any compensation for Additional Services amounting to
five percent (5%) or Tess of the Contract Sum may be approved by the Contract Officer. Any
greater amount of compensation for Additional Services must be approved by the La Quinta
City Council, the City Manager, or Department Director, depending upon City laws, regulations,
rules and procedures concerning public contracting. Under no circumstances shall Contracting
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Party receive compensation for any Additional Services unless prior written approval for the
Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this
Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
If the Services not completed in accordance with the Schedule of Performance, as set forth in
Section 3.2 and "Exhibit C", it is understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in "Exhibit C" (the
"Schedule of Performance"). Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance for
performance of the Services rendered pursuant to this Agreement shall be extended because of
any delays due to unforeseeable causes beyond the control and without the fault or negligence
of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of
any governmental agency other than City, and unusually severe weather, if Contracting Party
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent
of delay, and extend the time for performing the Services for the period of the forced delay
when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. Extensions to
time period in the Schedule of Performance which are determined by the Contract Officer to be
justified pursuant to this Section shall not entitle the Contracting Party to additional
compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0
of this Agreement, the term of this agreement shall commence on an agreed upon start date
and terminate on completion of fence installation and painting. ("Initial Term").
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting
Party ("Principals") are hereby designated as being the principals and representatives of
Contracting Party authorized to act in its behalf with respect to the Services specified herein
and make all decisions in connection therewith:
(a)
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(b)
E-mail;
(c)
E-mail:
It is expressly understood that the experience, knowledge, capability, and reputation of
the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principals shall be responsible during the term of this Agreement for
directing all activities of Contracting Party and devoting sufficient time to personally supervise
the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be
changed by Contracting Party and no other personnel may be assigned to perform the Services
required hereunder without the express written approval of City.
4.2 Contract Officer. The "Contract Officer" shall be Robert Ambriz, Jr. or such other
person as may be designated in writing by the City Manager of City. It shall be Contracting
Party's responsibility to assure that the Contract Officer is kept informed of the progress of the
performance of the Services, and Contracting Party shall refer any decisions, that must be made
by City to the Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have
authority to sign all documents on behalf of City required hereunder to carry out the terms of
this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability, and reputation of Contracting Party, its principals, and its employees were a
substantial inducement for City to enter into this Agreement. Except as set forth in this
Agreement, Contracting Party shall not contract or subcontract with any other entity to
perform in whole or in part the Services required hereunder without the express written
approval of City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of
law, without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Contracting Party, taking all transfers into
account on a cumulative basis. Any attempted or purported assignment or contracting or
subcontracting by Contracting Party without City's express written approval shall be null, void,
and of no effect. No approved transfer shall release Contracting Party of any liability hereunder
without the express consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Contracting Party, its agents, or its
employees, perform the Services required herein, except as otherwise set forth herein. City
shall have no voice in the selection, discharge, supervision, or control of Contracting Party's
employees, servants, representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent contractor of
City and shall remain at all times as to City a wholly independent contractor with only such
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obligations as are consistent with that role. Contracting Party shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member of any joint
enterprise with Contracting Party. Contracting Party shall have no power to incur any debt,
obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner
represent that it or any of its agents or employees are agents or employees of City. Except for
the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay
salaries, wages, or other compensation to Contracting Party for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Contracting
Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary,
Contracting Party and any of its employees, agents, and subcontractors providing services
under this Agreement shall not qualify for or become entitled to any compensation, benefit, or
any incident of employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System ("PERS") as an employee of City and
entitlement to any contribution to be paid by City for employer contributions and/or employee
contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts
paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Contracting Party shall fully
comply with the workers' compensation laws regarding Contracting Party and Contracting
Party's employees. Contracting Party further agrees to indemnify and hold City harmless from
any failure of Contracting Party to comply with applicable workers' compensation laws. City
shall have the right to offset against the amount of any payment due to Contracting Party under
this Agreement any amount due to City from Contracting Party as a result of Contracting Party's
failure to promptly pay to City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents that
the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall be
authorized and permitted under applicable State and local law to perform such tasks and
services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the Services
to be performed hereunder which are reasonably available to Contracting Party only from or
through action by City.
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5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure and
maintain, at its sole cost and expense, and submit concurrently with its execution of this
Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements")
which is incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to
Agency along with all required endorsements. Certificate of Insurance and endorsements must
be approved by Agency's Risk Manager prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and
all of its officers, employees, agents, and volunteers as set forth in "Exhibit F"
("Indemnification") which is incorporated herein by this reference and expressly made a part
hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract
Officer such reports concerning Contracting Party's performance of the Services required by
this Agreement as the Contract Officer shall require. Contracting Party hereby acknowledges
that City is greatly concerned about the cost of the Services to be performed pursuant to this
Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware
of any facts, circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party is providing
design services, the cost of the project being designed, Contracting Party shall promptly notify
the Contract Officer of said fact, circumstance, technique, or event and the estimated increased
or decreased cost related thereto and, if Contracting Party is providing design services, the
estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to keep,
such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not
limited to payroll reports), studies, or other documents relating to the disbursements charged
to City and the Services performed hereunder (the "Books and Records"), as shall be necessary
to perform the Services required by this Agreement and enable the Contract Officer to evaluate
the performance of such Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be complete and detailed.
The Contract Officer shall have full and free access to such Books and Records at all times
during normal business hours of City, including the right to inspect, copy, audit, and make
records and transcripts from such Books and Records. Such Books and Records shall be
maintained for a period of three (3) years following completion of the Services hereunder, and
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City shall have access to such Books and Records in the event any audit is required. In the event
of dissolution of Contracting Party's business, custody of the Books and Records may be given
to City, and access shall be provided by Contracting Party's successor in interest. Under
California Government Code Section 8546.7, if the amount of public funds expended under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any audit of City,
for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents, and
other materials plans, drawings, estimates, test data, survey results, models, renderings, and
other documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or
in any other medium prepared or caused to be prepared by Contracting Party, its employees,
subcontractors, and agents in the performance of this Agreement (the "Documents and
Materials") shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the expiration or termination of this Agreement, and Contracting Party
shall have no claim for further employment or additional compensation as a result of the
exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and
Materials hereunder. Any use, reuse or assignment of such completed Documents and
Materials for other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City's sole risk and without liability to Contracting
Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or
assignment. Contracting Party may retain copies of such Documents and Materials for its own
use. Contracting Party shall have an unrestricted right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any Documents and Materials
prepared by them, and in the event Contracting Party fails to secure such assignment,
Contracting Party shall indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City reuses
said Documents and Materials without written verification or adaptation by Contracting Party
for the specific purpose intended and causes to be made or makes any changes or alterations in
said Documents and Materials, City hereby releases, discharges, and exonerates Contracting
Party from liability resulting from said change. The provisions of this clause shall survive the
termination or expiration of this Agreement and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, rights of reproduction, and other intellectual property embodied in the Documents and
Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City
is granted a non-exclusive and perpetual license for the Documents and Materials the
subcontractor prepares under this Agreement. Contracting Party represents and warrants that
Contracting Party has the legal right to license any and all of the Documents and Materials.
Contracting Party makes no such representation and warranty in regard to the Documents and
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Materials which were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in its use of the
Documents and Materials at any time, provided that any such use not within the purposes
intended by this Agreement shall be at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be released
publicly without the prior written approval of the Contract Officer or as required by law.
Contracting Party shall not disclose to any other entity or person any information regarding the
activities of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party covenants
that all City data, data lists, trade secrets, documents with personal identifying information,
documents that are not public records, draft documents, discussion notes, or other
information, if any, developed or received by Contracting Party or provided for performance of
this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required by law. City shall
grant authorization for disclosure if required by any lawful administrative or legal proceeding,
court order, or similar directive with the force of law. All City data, data lists, trade secrets,
documents with personal identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon the termination or
expiration of this Agreement. Contracting Party's covenant under this section shall survive the
termination or expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and governed
both as to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to
this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Contracting Party covenants and
agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party in writing of its contentions by submitting a claim therefore.
The injured party shall continue performing its obligations hereunder so long as the injuring
party commences to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of the notice, or such
longer period as may be permitted by the Contract Officer; provided that if the default is an
immediate danger to the health, safety, or general welfare, City may take such immediate
action as City deems warranted. Compliance with the provisions of this Section shall be a
condition precedent to termination of this Agreement for cause and to any legal action, and
such compliance shall not be a waiver of any party's right to take legal action in the event that
the dispute is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is cured,
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proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect
to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to Contracting
Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it
reasonably believes were suffered by City due to the default of Contracting Party in the
performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
City's consent or approval of any act by Contracting Party requiring City's consent or approval
shall not be deemed to waive or render unnecessary City's consent to or approval of any
subsequent act of Contracting Party. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other
provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for
the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may take
legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration Of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
termination for cause. City reserves the right to terminate this Agreement at any time, with or
without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any
notice of termination, Contracting Party shall immediately cease all Services hereunder except
such as may be specifically approved by the Contract Officer. Contracting Party shall be entitled
to compensation for all Services rendered prior to receipt of the notice of termination and for
any Services authorized by the Contract Officer thereafter in accordance with the Schedule of
Compensation or such as may be approved by the Contract Officer, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the failure
of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall
vacate any City -owned property which Contracting Party is permitted to occupy hereunder and
City may, after compliance with the provisions of Section 8.2, take over the Services and
prosecute the same to completion by contract or otherwise, and Contracting Party shall be
liable to the extent that the total cost for completion of the Services required hereunder
exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to
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mitigate such damages), and City may withhold any payments to Contracting Party for the
purpose of setoff or partial payment of the amounts owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement,
the prevailing party in such action or proceeding, in addition to any other relief which may be
granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided,
however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly
rate paid by City for legal services multiplied by the reasonable number of hours spent by the
prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on
any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery, and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether
or not such action is prosecuted to judgment. The court may set such fees in the same action
or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any
successor in interest, in the event or any default or breach by City or for any amount which may
become due to Contracting Party or to its successor, or for breach of any obligation of the
terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer
or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in
any manner with the interests of City or which would in any way hinder Contracting Party's
performance of the Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall be employed by it
as an officer, employee, agent, or subcontractor without the express written consent of the
Contract Officer. Contracting Party agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this
Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to this
Agreement which effects his financial interest or the financial interest of any corporation,
partnership or association in which he is, directly or indirectly, interested, in violation of any
State statute or regulation. Contracting Party warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there
shall be no discrimination against or segregation of, any person or group of persons on account
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of any impermissible classification including, but not limited to, race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry in the performance of this
Agreement. Contracting Party shall take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their race,
color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth below.
Either party may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing
if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Steve Howlett,
Facilities Director
78-495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
ALLEN FENCE CONSTRUCTION
Attention: Matthew Berg
13500 Little Morongo Road
Desert Hot Springs, California 92240
10.2 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 this Agreement or any other rule of construction which might
otherwise apply.
10.3 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed to be an original, and such counterparts shall constitute one and the same
instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is understood
that there are no oral agreements between the parties hereto affecting this Agreement and this
Agreement supersedes and cancels any and all previous negotiations, arrangements,
agreements, and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be valid
unless made in writing and approved by Contracting Party and by the City Council of City. The
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parties agree that this requirement for written modifications cannot be waived and that any
attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared
invalid or unenforceable, such invalidity or unenforceability shall not affect any of the
remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which
are hereby declared as severable and shall be interpreted to carry out the intent of the parties
hereunder unless the invalid provision is so material that its invalidity deprives either party of
the basic benefit of their bargain or renders this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting
Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action
it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act
(Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials related to this
Agreement. This assignment shall be made and become effective at the time City renders final
payment to Contracting Party without further acknowledgment of the parties.
10.9 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third -party beneficiaries under this Agreement
and no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the
parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this Agreement,
and (iv) that entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding upon the heirs,
executors, administrators, successors, and assigns of the parties.
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[SIGNATURES ON FOLLOWING PAGE]
-13-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
CITY OF LA QUINTA,
a California Municipal Corporation
Digitally signed by Frank Spevacek
DN: serialNumber=3fffgcd7gnjs38w1,
c=US, st=California, l=La Quinta,
o=Frank J. Spevacek, cn=Frank
Spevacek
rata• 7017 0279 10'56'76 -0700'
FRANK J. SPEVACEK, City Manager
Dated:
ATTEST:
Digitally signed by Susan Maysels
DN: cn=Susan Maysels, o=City of La
Quinta, ou=Clerk's Office,
email=smaysels@la-quinta.org, c=US
Date: 2017.10.02 08:28:38 -07'00'
SUSAN MAYSELS, City Clerk
La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
698/015610-0002
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-14-
CONTRACTING PARTY:
By: ALLEN FENCE CONSTRUCTION
Name: r1 ike1-J' Re.rs�
Title:
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By: ALLEN FENCE CONSTRUCTION
Name: Ka --1414e-‘71 13e
Title: (1 -)(re S;(1we'.41 0 g (10
Exhibit A
Scope of Services
1. Services to be Provided:
City of La Quinta — Adams Park Perimeter Fencing
6' Heavy Conunercial Pregalvanized Black Powder Coated Regal Iron Fence. 2"x2"x8' - 11 ga.
Pregalvauized Black Powder Coated Posts set 2' deep in concrete. 1' "sq. top and bottom
rails, and with '• a"sq. pickets spaced 4" apart. Double primed and double painted field welds,
all material welded.
16' x 6' Heavy Regal Iron double swing gate with a 3'1" lockable slide bolt and a 3i" lockable
drop rod. 1 1 2"sq. Frame with a 4" sq. pickets spaced 4" apart. Double primed and double
painted field welds, all material welded.
3"x3"x8' 11ga. Pregalvanized Powder Coated Black Terminal posts (gate posts) core drilled
and in concrete.
6-7 Weeks to Start. 2-3 Weeks to Complete.
2. Performance Standards:
Metal gauge, post mix footings, and coats of paint are consistent with what is listed in
services to be provided.
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Exhibit A
Page 1 of 4
Last revised summer 2017
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair,
or maintenance affecting real property or structures or improvements of any kind appurtenant
to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing
public works and maintenance projects, as described in this Section 1.3, Contracting Party shall
comply with applicable Federal, State, and local laws. Contracting Party is aware of the
requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as
California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing
Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require the payment of
prevailing wage rates and the performance of other requirements on "Public works" and
"Maintenance" projects. If the Services are being performed as part of an applicable "Public
works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction
work over twenty-five thousand dollars ($25,000.00) and/or alterations, demolition, repair or
maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or
after January 1, 2015 by this Agreement„ Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California Labor Code
Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a
"Public works" project unless registered with the California Department of Industrial Relations
("DIR") at the time the contract is awarded. If the Services are being performed as part of an
applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws,
this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party
will maintain and will require all subcontractors to maintain valid and current DIR Public Works
contractor registration during the term of this Agreement. Contracting Party shall notify City in
writing immediately, and in no case more than twenty-four (24) hours, after receiving any
information that Contracting Party's or any of its subcontractor's DIR registration status has
been suspended, revoked, expired, or otherwise changed. It is understood that it is the
responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall
make copies of the prevailing rates of per diem wages for each craft, classification, or type of
worker needed to execute the Services available to interested parties upon request, and shall
post copies at Contracting Party's principal place of business and at the project site, if any. The
statutory penalties for failure to pay prevailing wage or to comply with State wage and hour
laws will be enforced. Contracting Party must forfeit to City TWENTY FIVE DOLLARS ($25.00)
per day for each worker who works in excess of the minimum working hours when Contracting
Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et
seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law
requirements to maintain payroll records and shall provide for certified records and inspection
of records as required by California Labor Code Section 1770 et seq., including Section 1776. In
addition to the other indemnities provided under this Agreement, Contracting Party shall
defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers,
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Exhibit A
Page 2 of 4
employees, and agents free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in
connection with performance of the Services, including, without limitation, any and all "Public
works" (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of
payment or non-payment of prevailing wages under California law and/or the implementation
of Labor Code Section 1781, as the same may be amended from time to time, and/or any other
similar law. Contracting Party acknowledges and agrees that it shall be independently
responsible for reviewing the applicable laws and regulations and effectuating compliance with
such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party
a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor
and materials incorporated into the Services under this Agreement during the month covered
by said invoice. The remaining five percent (5%) thereof shall be retained as performance
security to be paid to Contracting Party within sixty (60) days after final acceptance of the
Services by the City Council of City, after Contracting Party has furnished City with a full release
of all undisputed payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the release, City
may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent
(150%) of the amount in dispute. City's failure to deduct or withhold shall not affect
Contracting Party's obligations under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection of
existing main or trunkline utilities to the extent such utilities were not identified in the
invitation for bids or specifications. City shall reimburse Contracting Party for any costs
incurred in locating, repairing damage not caused by Contracting Party, and removing or
relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated
damages for delay arising from the removal or relocation of such unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code
Section 7104, in the event the work included in this Agreement requires excavations more than
four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are
disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be
material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code,
that is required to be removed to a Class I, Class 11, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the site different from
those indicated by information about the site made available to bidders prior to the deadline
for submitting bids; or (3) unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the Agreement.
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Exhibit A
Page 3of4
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease or
increase in Contracting Party's cost of, or the time required for, performance of any part of the
work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contracting Party's cost of, or time required for, performance of any part of the
work, Contracting Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this Agreement.
Contracting Party shall retain any and all rights provided either by contract or by law which
pertain to the resolution of disputes and protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting Party shall
at all times be in compliance with all applicable local, state, and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall
protection ladders, bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
6. Liquidateci Damages. Since the determination of actual damages for any delay in
performance of the Agreement would be extremely difficult or impractical to determine in the
event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City
the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as specified in the
Schedule of Performance. In addition, liquidated damages may be assessed for failure to
comply with the emergency call out requirements, if any, described in the Scope of Services.
City may withhold from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
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Exhibit A
Page 4 of 4
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of
this Agreement, the maximum total compensation to be paid to Contracting Party under this
Agreement is Thirty seven thousand, nine hundred and twenty five dollars ($37,925) ("Contract
Sum"). The Contract Sum shall be paid to Contracting Party upon completion of fence
installation and painting and inspection by City staff in the amount identified in Contracting
Party's schedule of compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
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Exhibit B
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A
of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated
herein by this reference.
Project schedule to be determined between City staff and Contracting Party on
acceptance of this agreement.
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Exhibit C
Page 1 of 1
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect providing
insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings
of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, Commercial General Liability insurance against all claims
for injuries against persons or damages to property resulting from Contracting Party's acts or
omissions rising out of or related to Contracting Party's performance under this Agreement.
The insurance policy shall contain a severability of interest clause providing that the coverage
shall be primary for losses arising out of Contracting Party's performance hereunder and
neither City nor its insurers shall be required to contribute to any such loss. An endorsement
evidencing the foregoing and naming the City and its officers and employees as additional
insured (on the Commercial General Liability policy only) must be submitted concurrently with
the execution of this Agreement and approved by City prior to commencement of the services
hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property arising out of the
use of any automobile by Contracting Party, its officers, any person directly or indirectly
employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of
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Exhibit E
Page 1 of 5
them may be liable, arising directly or indirectly out of or related to Contracting Party's
performance under this Agreement. If Contracting Party or Contracting Party's employees will
use personal autos in any way on this project, Contracting Party shall provide evidence of
personal auto liability coverage for each such person. The term "automobile" includes, but is
not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause providing that
coverage shall be primary for losses arising out of Contracting Party's performance hereunder
and neither City nor its insurers shall be required to contribute to such Toss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Contracting Party and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit shall be
no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this agreement.
Contracting Party shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per
accident or disease.
Contracting Party shall provide written notice to City within ten (10) working days
if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required
polices are reduced; or (3) the deductible or self-insured retention is increased. In the event
any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation
date, submit new evidence of insurance in conformance with this Exhibit to the Contract
Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the
same shall not be construed as a limitation of Contracting Party's obligation to indemnify City,
its officers, employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails
to provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for
such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or withhold
any payment(s) which become due to Contracting Party hereunder until Contracting Party
demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for Contracting
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Exhibit E
Page 2 of 5
Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein
contained shall be construed as limiting in any way the extent to which Contracting Party may
be held responsible for payments of damages to persons or property resulting from Contracting
Party's or its subcontractors' performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting
Party. Contracting Party and City agree to the following with respect to insurance provided by
Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials, employees,
and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992.
Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right
of subrogation prior to a Toss. Contracting Party agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available or
applicable to this Agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to City or its operations limits the
application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for bodily injury to
an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contracting Party shall not make any
reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured endorsement to
Contracting Party's general liability policy, shall be delivered to City at or prior to the execution
of this Agreement. In the event such proof of any insurance is not delivered as required, or in
the event such insurance is canceled at any time and no replacement coverage is provided, City
has the right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other agreement and to pay the premium. Any premium so paid by
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Exhibit E
Page 3 of 5
City shall be charged to and promptly paid by Contracting Party or deducted from sums due
Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contracting Party or any subcontractor, is intended to apply first
and on a primary, non-contributing basis in relation to any other insurance or self-insurance
available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting Party,
provide the same minimum insurance coverage required of Contracting Party. Contracting
Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this section. Contracting
Party agrees that upon request, all agreements with subcontractors and others engaged in the
project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein (with the exception of
professional liability coverage, if required) and further agrees that it will not allow any
contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in
the performance of work on the project contemplated by this agreement to self -insure its
obligations to City. If Contracting Party's existing coverage includes a deductible or self-insured
retention, the deductible or self-insured retention must be declared to the City. At that time
the City shall review options with the Contracting Party, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other coverage, or other
solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party ninety
(90) days advance written notice of such change. If such change results in substantial additional
cost to the Contracting Party, the City will negotiate additional compensation proportional to
the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that can
be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on
the part of City to inform Contracting Party of non-compliance with any insurance requirement
in no way imposes any additional obligations on City nor does it waive any rights hereunder in
this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to this agreement.
This obligation applies whether or not the agreement is canceled or terminated for any reason.
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Exhibit E
Page 4 of 5
Termination of this obligation is not effective until City executes a written statement to that
effect.
15. Contracting Party shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance
agent to this effect is acceptable. A certificate of insurance and/or additional insured
endorsement as required in these specifications applicable to the renewing or new coverage
must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its employees,
officials, and agents.
17. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a waiver of any
coverage normally provided by any given policy. 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 limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be interpreted as
such.
19. The requirements in this Exhibit supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract used by
any party involved in any way with the project reserves the right to charge City or Contracting
Party for the cost of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to City. It is not the intent of City to reimburse any
third party for the cost of complying with these requirements. There shall be no recourse
against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or foss
against Contracting Party arising out of the work performed under this agreement. 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.
698/015610-0002
11222891.1 a08/31/17
Exhibit E
Page 5 of 5
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest extent permitted by
law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold
harmless City and any and all of its officials, employees, and agents ("Indemnified Parties")
from and against any and all claims, losses, liabilities of every kind, nature, and description,
damages, injury (including, without limitation, injury to or death of an employee of Contracting
Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or
threatened, including, without limitation, incidental and consequential damages, court costs,
attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred
in connection therewith and costs of investigation, to the extent same are caused in whole or in
part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents,
employees or subcontractors (or any entity or individual that Contracting Party shall bear the
legal liability thereof) in the performance of professional services under this agreement. With
respect to the design of public improvements, the Contracting Party shall not be liable for any
injuries or property damage resulting from the reuse of the design at a location other than that
specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting Party
shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified
Parties from and against any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of
any kind, whether actual, alleged or threatened, including, without limitation, incidental and
consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses) incurred in connection therewith and costs of investigation,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole
or in part, the performance of this Agreement by Contracting Party or by any individual or
entity for which Contracting Party is legally liable, including but not limited to officers, agents,
employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of this agreement,
Contracting Party shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where City is shown to have been actively negligent and where City's active
negligence accounts for only a percentage of the liability involved, the obligation of Contracting
Party will be for that entire portion or percentage of liability not attributable to the active
negligence of City.
698/015610-0002
11222891 1 a08131117
Exhibit F
Page 1 of 2
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(dj,. Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party who
constitutes a "design professional" as the term is defined in paragraph 3 below.
2. Scope of indemnification. When the law establishes a professional
standard of care for Contracting Party's Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of
every kind, nature, and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and expenses,
including, without limitation, incidental and consequential damages, court costs,
reimbursement of attorneys' fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to the extent same are
caused by any negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that Contracting Party shall
bear the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Contracting Party shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Contracting Party..
3. Design Professional Defined. As used in this Section F.1(d), the term
"design professional" shall be limited to licensed architects, registered professional engineers,
licensed professional land surveyors and landscape architects, all as defined under current law,
and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees
to obtain executed indemnity agreements with provisions identical to those set forth herein
this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any
other person or entity involved by, for, with or on behalf of Contracting Party in the
performance of this Agreement. In the event Contracting Party fails to obtain such indemnity
obligations from others as required herein, Contracting Party agrees to be fully responsible
according to the terms of this Exhibit. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. These obligations to indemnify and defend City as set forth in this Agreement
are binding on the successors, assigns or heirs of Contracting Party and shall survive the
termination of this Agreement.
698/015610-0002
11222891.1 a08/31/17
Exhibit F
Page 2of2
ACa EP
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
9/6/2017 t%
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(les) must be endorsed. If SUBROGRATION 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 Ileu of such endorsement(s).
PRODUCER Willis Towers Watson
12980 Metcalf Ave Suite 500
Overland Park KS 66213
INSURED
Barrett Business Services, Inc. LICfF
ALLEN FENCE CONSTRUCTION
13500 LITTLE MORONGO ROAD
DESERT HOT SPRINGS, CA 92240
CONTACT NAME: San Bernardino
PHONE (NC, No Exl): (909) 890-3633 FAX (A/C, NO): (360) 828-0699
EMAIL ADDRESS: Tere.Delgado@bbsihq,com
INSURER(S) AFFORDING COVERAGE NAIC
INSURER A: ACE American Insurance Company 22667
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUES 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
ADDL
INSR
SUER
WVOMMIDDfYYYY
POLICY NUMBER
POLICY EFF
( )
POLICY EXP
(MMIDDIYYYY)
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED PREMISES (Ea
occurence)
$
CLAIMS -MADE n OCCUR
MED EXP (My one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES
POLICY f PROD• 1
ECT
PER:
1 LOC
PRODUCTS - COMP/OP AGO
$
$
AUTOMOBILE
-
LUIMLITY
ANY AUTO
ALL OWNED AUTOS
HIRED AUTOS
SCHEDULED AUTOS
NON•OWNED AUTOS
COM9INED SINGLE LIMIT
(Ea accident)
6
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
^^
-,PROPERTY
r
DAMAGE
$
$
_
UMBRELLA LIAR
EXCESS LIAB
OCCUR
EACH OCCURRENCE
$
OCCUR
AGGREGATE
$
DED
RETENTION $
$
A
WORKERS COMPENSATION AND EMPLOYERS'
LIABILITY
ANY PROPRIETOR/PARTNER/ EXECUTIVE
OFFICER/MEMBER EXCLUDED?
Y/N
y
N / A
RWC
C6437591A
Covered states:
CA
03101/17
03/01/2018
v,
WC STATU-
TORY LIMITS
OTH-
ER
E L EACH ACCIDENT
-
$2.000 000
E L. DISEASE - EA EMPLOYEE
12,000000
(Mandatory In NH) If yes, describe under
DESCRIPTION OF OPERATIONS below
E L. DISEASE - POLICY LIMIT
12,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORO 101. Additional Remarks Schedule, 0 more specs is required)
CERTIFICATE HOLDER
CANCELLATION
CITY OF LA QUINTA
78495 CALLE TAMPICO
LA GUINTA CA 92253
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
l.L1 I HORIZED REPRESENTATIVE
Authorized xis T
Rep
I
ACORD 25 (2010105)
c) 1988-2010 ACORD CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORD.
AC' D
AGENCY CUSTOMER ID:
LOC: #:
ADDITIONAL REMARKS SCHEDULE
Page ._ of
AGENCY
Arrowhead General Insurance Agency
POLICY NUMBER
RWC C6437591A
CARRIER
ACE American Insurance Company
NAIC CODE
22667
NAMED INSURED:
Barrett Business Services, Inc. L/CIF
ALLEN FENCE CONSTRUCTION
13500 LITTLE MORONGO ROAD
DESERT HOT SPRINGS, CA 92240
EFFECTIVE DATE: 03/01/17
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01114)
CERTIFICATE HOLDER: CITY OF LA QUINTA
ADDRESS: 78495 CALLE TAMPICO LA QUINTA CA 92253
CITY OF LA QUINTA - ADAMS PARK PERIMETER FENCING
ACORD 101 (2008/01)
c) 1988-2010 ACDRC CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD.
Workers' Compensation and Employers' Llability Folic
Nettled Insured
BARRETT BUSINESS SERVICES, INC. L/CIF
ALLEN FENCE CONSTRUCTION
8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662
Endorsement Number
Policy Number
Symbol: RWC Number: C6437591A
Policy Period
03-01-2017 TO 03-01-2018
Effective Date of Endorsement
03-01-2017
Issued By (Name of Insurance Company)
ACE AMERICAN INSURANCE COMPANY
insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the pollcy.
CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of
the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect
to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract
to obtain this waiver from us.
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
Schedule
1. ( ) Specific Waiver
Name of person or organization:
( X ) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this
waiver.
2. Operations:
ALL CALIFORNIA OPERATIONS
3. Premium:
The premium charge for this endorsement shall be 2 . 0 percent of the California premium developed
on payroll in connection with work performed for the above person(s) or organization(s) arising out of the
operations described.
4. Minimum Premium : $ 0
Authorized Agent
WC 99 03 22
ALLEFEN-01
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
09/15/2017
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(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
g CT Peggy Brown
Srd1 Sa, Eat): (951) 779-8518 (No, IYo);(951) 231-2572
1.al Cal.Cpui Hubfnternatlonal.com
INSURERS! AfPtPRPINO COVERAGE - NAICO
INSURERA :ado Securltyineurance Company 24082
INSURED INSURER a :American an Fire and Casual y Company _ 24066 . .
Asti c
INSURER D :
PRODUCER LICenSe # 0757776
HUB International Insurance Services Inc.
P. O. Box 5345
Riverside, CA 92517
Allen Fence Construction
P.O. Box 510
Desert Hot Springs, CA 92240-0515
INSURER F
COVERAGES
CERTIFICATE NUMBER.
RFV ICIr]M IJI IIIRGD•
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
TYPE OF INSURANCE ! Igp IgD - — — -
A
X / COMMERCIAL GENERAL LIABILITY
CLAIMS -MAGE I X I OCCUR
GENT AGGREGATE LIMIT APPLIES PER:
1 POLICY LXItQf [—X] LOC
OTHER
AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ' AOS
AOS
ONLY X • AUTOS UNLY
POUCY NUMBER i I POLICY 1{ EFF POLICY
LIMITS
1(356112747 09101/2017 09/0112018DANIA
EACH OCCURRENCE $ 1,000,000
F TrIENILED- f 500,000
MED EXP (Any one person) 1 15,000
PERSONAL &ABV INJURY 3 1,000,000
GENERAL AGGREGATE S 2,000,000,PRODUCTS-COMPIOPAOG •3 2,000,000
$
BAS56112747
UMBRELLA LIAB X OCCUR
X EXCESS LIAR - CLAIMS -MADE
DED • RETENTION i
O % iNGLE LIMIT
09/01/2017 09/01/2018 Doom. INJURY (Per perms+} { $
pBpOpDIL�Y IINJURY�Pa oc don!)
{Pe PBh RinliY'4lrtAGE $
ESA56112747
WORKERS c0MPENSATION
AND EMPLOYERS' LIABILITY
Y.) N
ANY PRDPRIETORIPARTNFR,E11ECUTIVE I NIA
(Ma�nrAataryV EF4 EXCLUDED?
Y yes as+cnbs under
DESCRIPTION OF OPERATIONS bow
1,000,000
EACH OCCURRENCE 3
09/01/2017 09/01/2018
AGGREGATE E
T1- _
I MumI IFR .
H ACCIDENT
_EL DISEASE -EA EMPLOYE
1,000,000
1,000,000
E . DISEASE-POJICYLIMIT i
D5aCi_PTfON Of OPERATIONS/ LOCATIONS 1 VEHICLES IACORD 4O1, Additional Remarks Schedule, may be aMocha d II more space Is required)
RE Prgjoct: city of La Quints -Adams Park Perimeter Fencing.
'Revleed 9!15/17 - This certificate supersedes any and all prior certificates Issued on behatf of the named Insured.'
City of La QIIInta Is Additional Insured with regard to the General Liability policy when required by written contract, per the attached endorsement forms
CG2Dt0 04113 and CG2037 0-4113. Primary/Non-Contributory wording applies with regard to the General Liability policy when required by wrltten contract per
the attached endorsement fnrm CGD810 04/13.
CERTIFICATE HOLDER _ CANCELLATION
City of Le Quints
78495 Calle Tampico
La Quinta, CA 92253
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Of-Xlieo
ACORD 25 (2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Allen Fence Construction
Policy Number: BKS56112747
Effective Dates: 09/01/2017 to 09/01 /20I 8
COMMERCIAL GENERAL LIABILITY
CG20100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Blanket Additional Insured acreed
PO BCX 510
DESERT 110T SPRINGS, Cyt 92240
Location(s) Of Covered Operations
Any location (s) when You have agreed in a written.
con .Tact, agreement or pe fm I. .hat person or
organi2etion be added as an additional insured.
Information required to complete this Schedule, if not shown above, wit be shown in the Declarations.
A. Section 11 - 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 in-
jury", "properly 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
operatons 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 permit-
ted by law; and
2. If coverage provided to the additional in-
sured is required by a contract or agree-
ment 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.
CG 20 10 04 13
B. With respect b the insurance afforded to
these additional insureds, the following addi-
tional exclusions apply:
This insurance does not apply to "bodily in-
jury" or" property damage" occurring after:
1. Al work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than ser-
vice, maintenance or repairs) to be per-
formed 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 or-
ganization other than another contractor
or subcontractor engaged in performing
operations for a principal as a part of the
same project.
e+ Insurance Services Office, Inc.. 2012
Page 1 of 2
C. With respect b the insurance afforded to
these additional insureds, the following is
added to Section III- Limits Of Insurance:
If coverage provided to the additional insured
is required by a contract or agreement, the
most we will pay an behalf of the additional
insured is the amount of insurance:
1. Required by the contract or agreement;
or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
_ whichever is less.
This endorsement shall not increase the ap-
imam plicable Limits of Insurance shown in the Dec-
!orations.
Page 2of2
Insurance Services Office, Inc.. 2012 CG 20 10 04 13
Allen Fence Construction
Pplicy Number: BKS56112747
Effective Dates: 09/01/2017 to 09/01/2018
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
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(s) Or Organization(s)
Blanket Additional Insured agreed
PO BOX 510
DESERT EO'T SPRINGS, CA 92240
Location And Description Of Completed Operations
Work described in wriLInq in the contract,
agreement or permit.
Location(s) at which You performed work described
in written contract, agreement or perrr.it.
Information required to complete this Schedule, if not shown
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s)
or organization(s) sloven in the Schedule, but
only with respect to liability for "bodily in-
jury" or "property damage" caused, in whole
or in part, by "your work" al the location des-
ignated and described in the Schedule of this
endorsement perforrned for that additional
insured and included in the "products -com-
pleted operations hazard" •
-
However_
1. The insurance afforded to such adcitional
insured only applies to the extent permit-
ted by law; and
2. If coverage provided to the additional in-
sured is required by a contract or agree-
ment 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.
CG 20 37 04 13
B.
above, will be shown in the Declarations.
With respect to the insurance afforded to
these additional insureds, the following is
added to Section III - Limits Of Insurance:
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 contract or agreement
or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the ap-
plicable Limits of Insurance shown in the Dec-
larations.
Insurance Services Office. Inc., 2012 Page 1 of 1
Allen Fence Construction
Policy Number: BKS56112747
Effective Dates: 09/01/2017 to 09/01/2018
COMMERCIAL GENERAL LIABILITY
CG88100413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
S W3J ECT PAGE
NON -OWNED AIRCRAFT 2
NON -OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY • ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenants Property Damage) 2
MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES AAND B 3
ADDITIONAL INSUREDS • BY CONTRACT, AGREEMENT OR PERMIT 3
PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5
ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6
WHO 1S AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN
INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6
NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
CG 88 10 04,13
V 2013 Liberty Mutual Insurance
Includes copyrighted material c f Insurance Services Office, Inc„ with its permission. Page 1 of 8
NiME
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless mocitied by
the endorsement.
A. NON -OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability,
exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. It is not owned by any insured;
2. It is hired, chartered or loaned with atrained paid crew;
3. The pilot in command holds a currently effective certlflcate, Issued by the duly constituted authority of
the United States of America or Canada, designating her or him a commercial or airline pilot; and
4. It is not being used to carry persons or properly for a charge.
However, the insurance afforded by this provision does not apply if there is available to the insured other
valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically
in excess of this policy), contingent or on any other basis, that wo.tld also apply to the loss covered under
this provision.
�-...- B. NON -OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A -Bodily Injury And Property Damage Liability,
Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.
C_ PROPERTY DAMAGE LIABILITY - ELEVATORS
1. Under Paragraph 2. Exclusions of Section 1- Coverage A - Bodily Injury And Property Damage Liabil-
ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Properly do not apply if such "property
damage" results from the use of elevators. For the purpose of this provision, elevators do not include
vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other
Insurance, Paragraph b. Excess Insurance:
The insurance afforded by this provision of this endorsement is excess over any properly insurance,
whether primary, excess. contingent or on any other basis.
D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
If Damage To Premises Rented To You is not otherwise excluded from this Coverage Pari:
1. Under Paragraph 2. Exclusions of Section I- Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion I. Damage To Property is replaced by the follow -
Ing:
Paragraphs (1), (3) and (4) of this exdusion do not apply to "property damage" (other than damage
by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or
(11) Contents that you rent or lease as part of a premises rental or lease agreement for a period of
more than 7 days.
Paragraphs (1), (9) and (4) of this exclusion do not apply to "property damage" to contents of
premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Section III - Limits of
Insurance.
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b. The last paragraph of subsection 2. Exclusions is replaced by the following:
Exclusions c. through n. do not apply 10 damage by fire, lightning, explosion, smoke or leakage
from automatic fire protection systems to premises while rented to you or temporarily occupied by
you with permission of the owner. A separate limit of insurance applies to Damage To Premises
Rented To You as described in Section 11I - Limits Of Insurance,
2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of 'property damage" to:
a. Any one premise:
(1) While rented to you; or -
(2) While rented to you or temporarily occupied by you with permission of the owner for
damage by fire, lightning, explosion, smoke or leakage from automatic protection sys-
tems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO
YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:
9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises
that indemnifies any person or organization for damage by fire, lightning, explosion. smoke, or
leakage from automatic fire protection systems to premises while rented to you or temporarily
occupied by you with the permission of the owner, or for damage to contents of such premises
that are included in your premises rental or lease agreement, is not an "Insured contract".
E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy
are amended as follows:
Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph
(b) of Paragraph a. is replaced by the following:
(b) The expenses are Incurred and reported within three years of the date of the acadent; and
F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES AAND B
1. Under Supplementary Payments -Coverages A and B, Paragraph t.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traftic law violations arising
out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have
to furnish these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or
defense of the claim or "suit", including actual Toss of earnings up to $500 a day because of time
off from work.
G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT CR PERMIT
1. Paragraph 2. under'Section 11 - Who Is An Insured is amended to include as an insured any person or
organization whom you have agreed to add as an additional insured in a written contract, written
agreement or permit. Such person or organization is an additional insured but only with respect to
liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole
or in part by:
e. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance
of your on going operations for the additional insured that are the subject of the written contract or
written agreement provided that the "bodily injury" or "property damage" occurs, or the "per-
sonal and advertising injury' is committed, subsequent to the signing of such written contract or
written agreement; or
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b. Premises or facilities rented by you or used by you; or
c. The maintenance, operation or use by you of equipment rented or leased to you by such person or
organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has
issued a permit subject to the following additional provisions:
(1) This insurance does not apply to "bodily injury", "property damage". or "personal and ad-
vertising injury" arising out of the operations performed for the state or political subdivision;
(2) This insurance does not apply to "bodily injury" or "property damage" included within the
"completed operations hazard".
Insurance applies to premises you own, rent, or control but only with respect to the follow, ng
hazards:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes. marquees,
hoist away openings, sidewalk vaults, street banners, or decorations and similar expo-
sures; or
(3)
(b) The constructon, erection, or removal of elevators; or
(0)
However
The ownership, maintenance, or use of any elevators covered by this insurance.
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 insur-
ance afforded to such additional insured will rot be broader than that which you are required by
the contract or agreement to provide fcr such additional insured.
With respect to Paragraph 1.a. above, a persons or organization's status as an additional insured
under this endorsement ends when:
(1) All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service. maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
(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.
With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured
under this endorsement erds when their written contract or written agreement with you for such
premises or facilities ends.
With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes
place after the equipment rental or lease agreement has expired or you have returned such equipment
lo the lessor.
The insurance provided by this endorsement applies only if the written contrail or written ag'eement
is signed prior to the "bodily injury" or "property damage".
We have no duty to defend an additional insured under tnis endorsement until we receive written
notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the
Event Of Occurrence, Offense, CIaIm Or Suit under Section IV • Commercial General Liability Condi-
tions.
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2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
Exclusions under Section I -Coverage A - Bodily Injury And Property Damage Liability:
This insurance does rot apply to:
a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured.
b. "Bodily injury" or "properly damage" that OGGUrs prior to you commencing operations at the
location where such "bodily injury" or "property damage" occurs.
c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render-
ing of, or the failure to render, any professional architectural, engineering or surveying services,
including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders or drawings and specifications; or
(2) Supervisory, inspection, architectural or engineering activiies.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in
the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur-
rence" which caused the "bodily injury" or "properly damage", or the offense which caused the
"personal and advertising injury", involved the rendering of, or the failure to render, any professional
architectural, engineering or surveying services.
d. "Bodily injury' Or "property damage" occurring after:
(1)
Ali work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional Insureds) 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 10 its
intended t:se 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.
e_ Any person or organization specifically designated as an additional insured for ongoing operations
by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is-
sued by us and made a part of this policy.
3. With respect to the insurance afforded to these additional insureds, the Wowing is added to Section I11
- Limits Of Insurance:
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:
a. Required by the contract or agreement; or
b. 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 Declaratio ns.
H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION
This provision applies to any person or organization who qualifies as an additional insured under any form
or endorsement under this pol.cy.
Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend-
ed as follows:
a. The following is added to Paragraph a. Primary Insurance:
If an additional ins red's policy has an Other Insurance provision making its policy excess, and you
have agreed in a written contract or written agreement to provide the additional insured coverage on a
primary and noncontributory basis, thls policy shall be primary and we will not seek contribution f-om
the additional insured's policy for damages we cover.
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b. The following is added to Paragraph b. Excess Insurance:
When a written contract or written agreement, other than a premises lease, facilities rental contract or
agreement, an equipment rental or lease contract or agreement, or permit issued by a state or politcaf
subdivision between you and an additional insured does not require this insurance to be primary or
primary and non-contributory, this insurance is excess over any other insurance for which the addi-
tional insured is designated as a Named Insured.
Regardless of the written agreement between you and an additional insured, this insurance is excess
over any other insurance whether primary, excess, contingent or on any other basis for which the
additional insured has been added as an additional insured on other policies.
ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE"
This provision applies io any person or organization who qualifies as an additional insured under any form
or endorsement under this policy.
1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence' or an offense that may result in a claim or "suit' under
this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have
insurance available to the additional Insured; and
c. Agree to make available any other Insurance which the additional insured has for a loss we
cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until
we receive written notice of a "suit" by the additional insured.
2. The limits of insurance applicable to the additional insured are those specified in a written contract
or written agreement or the limits of insurance as stated in the Declarations of this policy and
defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are
inclusive of and not in addition to the limits of insurance available under this policy.
J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE
WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES
Paragraph 2.a.(1) of Section 11 -Who Is An Insured is replaced with the following:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if
you are a limited liability company), to a co -"employee" while in the course of his or her employ-
ment or performing duties related to the conduct of your business, or to your other "volunteer
workers" while performing duties related to the conduct of your business;
(b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker' as a
consequence of Paragraph (1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay
damages because of the injury described in Paragraphs (1) (a) or (b) above; or
(d) Ansisg out of his or her providing or failing to provide professional health care services. However,
if you are not in the business of providing professional health care services or providing profes-
sional heath care personnel to others, or if coverage for providing professional health care ser-
vices is not other.vise excluded by separate endorsement, this provision (Paragraph (d)) does not
apply.
Paragraphs (a) and (b) above do not apply lo "bodily injury or "personal and advertising injury' caused by
an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means
the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ-
ees" of yours However, none of these "employees" are insureds for "bodily injury' or "personal and
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advertising injury' arising out of their willful conduct, which is defined as the purposeful or willful intent to
cause "bodily injury" or "personal and advertising injury', or caused in whole or in part by their intoxica-
tion by liquor or controlled substances.
The coverage provided by provision J. is excess over any other valid and collectable insurance available to
your "employee".
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section 11- Who Is An Insured is replaced by the folbwing:
3. Any organization you newly acquire or form and over which you maintain ownership or majority
interest, will qualify as a Named Insured if there is no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded ony until the expiration of the policy period in
which the entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you
acquired o- formed the organization; and
c. Coverage B does not apply 10 "personal and advertising injury" arising out of an offense
committed before you acquired or formed the organization.
d. Records and descriptions of operations must be maintained by the first Named Insured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies
as an insured under this provision.
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Repre-
sentations:
Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy
shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or
prior "occurrences" is rot intentional.
M. KNOWLEDGE OFOCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties
In The Event of Occurrence, Offense, Claim Or Suit:
Knowledge of an "occurrence", offense, claim or "suit' by an agent, servant or 'employee" of any
insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph
1. of Section 11 -Who Is An Insured or a person who has been designated by them to receive reports of
"occurrences", offenses, claims ar "suits" shall have received such notice from the agent, servant ar
"employee"
N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without
additional premium charge, your policy will automatically provide the coverage as of the day the revision is
effective in your state.
O. BODILY INJURY REDEFINED
Under Section V -Definitions, Definition 3. is replaced by the following:
3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes
mental anguish, mental injury, shock, fright or death thal results from such physical injury, sick-
ness or disease,
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P. EXTENDED PROPERTYDAINAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaces by the
following:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of
reasonable force to protect persons or property.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Q
If Y. MME
Under Section IV - Commercial General Liability Conditions, the following Is added to Condition 8. Trans-
fer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization 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"
provided:
1. You and that person or organization have agreed in writing in a contract or agreement that you
waive such rights against that person or organization: and
g
2. The injury or damage occurs subsequent to the execution of the written contract or written agree-
mant.
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