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Contract - Manhole Adjusting, Inc. - 2017-01-10PUBLIC WORKS AGREEMENT 311 Manhole Surface Repairs— Phase 3 This agreement (hereafter "AGREEMENT") is made and entered into thisi0114dayofXkt`J , 201_1, by and between the Costa Mesa SanitaryDistrict, a sanitary district (hereafter "DISTRICT"), and Manhole Adjusting, Inc., aCaliforniacorporation (hereafter"CONTRACTOR"). 1. Scope of the Work. CONTRACTOR agrees to furnish to DISTRICT alllabor, materials, tools, equipment, services, and incidental and customary worknecessarytofullyandadequatelyperformtheservicesdescribedinExhibit "A,"attached hereto and incorporated by reference. The services described in Exhibit "A"shall be referred to as the "PROJECT." The PROJECT shall be subject to, andperformedinaccordancewith, this AGREEMENT, the attached exhibits, and allapplicablelocal, state, and federal laws, rules, and regulations. 2. The Contract Sum. DISTRICT agrees_es to pay andagreesstoPY CONTRACTORgacceptinfullpaymentforallworkPYagreedtohereinthesumof: TwentyThousandFiveHundredDollars ($20,500.00). 3. Time of Performance and Liquidated Damages. Time is of the essenceofthisAGREEMENT. The work shall commence within five (5) days of DISTRICT issuing a "Notice to Proceed" and shall be completed within Twenty Five (25) workingdaysthereafter. CONTRACTOR shall forfeit as liquidated damages the amount of TwoHundredFiftyDollars ($250) per calendar day to compensate DISTRICT for the loss ofuseofthepublicfacility. The parties agree that liquidated damages only measure thedamagetothepubliccausedbylossofuseoruntimelycompletionofapublicfacilityandthatactualdamagesmayalsoberecoveredinadditiontoliquidateddamages.DISTRICT may deduct liquidated damages and actual damages from payments owed toCONTRACTOR. 4. Extra Work and Change Orders. At any time during the term of thisAGREEMENT, DISTRICT may request that CONTRACTOR perform EXTRA WORK.EXTRA WORK" means any work that is necessary for the proper completion of the PROJECT but which the parties did not reasonably anticipate would be necessary atthetimeofexecutionofthisAGREEMENTorworkoutsideofthisAGREEMENTthatisrequestedbyDISTRICT. CONTRACTOR shall not perform, nor be compensated for,EXTRA WORK without a written change order that is authorized and signed byDISTRICT. The written change order requirement cannot be waived. 1PWK30U1210 If CONTRACTOR encounters conditions that require EXTRA WORK, CONTRACTOR must notify DISTRICT in writing in a written change order request within fifteen (15) days of encountering said conditions. The failure to submit a written change order request shall constitute a waiver of CONTRACTOR's claim for additional time or compensation for EXTRA WORK. The written change order requirement cannot be waived. The following formula shall be used to measure CONTRACTOR's damages or EXTRA WORK. CONTRACTOR shall be limited to the following: Direct costs Mark-up Labor 20% Materials 15% Equipment Rental 15% Other Items 15% Subcontracted work 10% (first$5000) Subcontracted work 5% (work in excess of first 5000) Specialty Subcontracting 5% (Provided at least three required by EXTRA WORK) competitive bids are obtained and contractor selected the lowest bidder) Excluded from recovery shall be "Eichleay damages" including, but not limited to, home office overhead, insurance and bonding costs, lost bonding capacity, lost profits,and lost interest. CONTRACTOR acknowledges that CONTRACTOR's recovery for damages orEXTRAWORKislimitedasprovidedinthisparagraph. CONTRACTOR's Initials Je- 5. Contractor's Performance and Qualifications. CONTRACTOR shall perform all services required under this AGREEMENT in a skillful and competent manner, consistent with the standards generally recognized as being employed bypersonsandprofessionalsinthesamedisciplineintheStateofCalifornia. CONTRACTOR represents and maintains that it is skilled in the calling necessary to perform the PROJECT. CONTRACTOR warrants that all employees and subcontractors have sufficient skill and experience to perform the services assigned tothem. CONTRACTOR represents that it, its employees, and subcontractors have all of the licenses, permits, qualifications, and approvals that are legally required to perform the PROJECT, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this AGREEMENT. CONTRACTOR agrees that CONTRACTOR has the contractor's license required to do this job, and any other 2 PWK 30U 12 10 contractor's license requested by DISTRICT, and that CONTRACTOR's License No is:398443. 6. Bidding. This paragraph only applies if this AGREEMENT was awardedfollowingacompetitivebid. If CONTRACTOR submitted a subcontractors list, CONTRACTOR may only substitute a listed subcontractor by complying with theSublettingandSubcontractingFairPracticesAct. (See Public Contract Code §§ 4100etseq.) CONTRACTOR cannot perform work using a subcontractor who is debarred.CONTRACTOR hereby assigns unfair business practices claims (Clayton Act andCartwrightAct) to the DISTRICT. CONTRACTOR declares by signing thisAGREEMENTthatCONTRACTORdidnotcolludetoobtainthisjob. (Public ContractCode § 7106.) 7. Prevailing Wages. This is a Public Work. (Labor Code § 1781.) This job,if over One Thousand Dollars ($1,000.00) in value and not exempt, requires compliancewiththeprevailingwagelaw. (Labor Code §§ 1720 et seq.) As such, DISTRICT will ascertain the prevailing wages to be paid on this job from the Director of IndustrialRelations. Said amounts are listed at http://www.dir.ca.gov/dlsr/pwd/index.htm. CONTRACTOR understands that CONTRACTOR is required to pay prevailing wages, unless exempt, and is required to maintain prevailing wage records and comply withstatutoryrequirementsrelatingtocertifiedcopiesofpayrollrecords. (Labor Code §1776.) CONTRACTOR shall defend, indemnify, and hold DISTRICT, its elected officials, officers, employees, and agents free and harmless from any claim or liabilityarisingoutofanyfailureorallegedfailuretocomplywiththeprevailingwagelaws. CONTRACTOR recognizes that state law makes eight (8) hours a legal day'swork, and any worker workingin ofexcess that time must be paid overtime. (LaborCodeStatutoryprovisions§ 1810.) sions forp penalties for failure to comply with wage andhourlawswillbeenforced. (Labor Code 1775,1813.) CONTRACTOR must comply with statutory requirements relating to theemploymentofapprentices. (Labor Code § 1777.5.) 8. Workers' Compensation. CONTRACTOR must secure the payment ofworkers' compensation to its employees. (Labor Code § 1860; Civil Code § 3400.) BysigningthisAGREEMENT, CONTRACTOR acknowledges the following: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 3 PK 30U 12 10W 9. Progress Payments. Progress payments may be authorized if this jobwilltakeinexcessofthirty (30) days. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30)calendar days and to comply with the provisions of Public Contract Code Section20104.50. If this AGREEMENT is for at least Five Thousand Dollars ($5,000.00) andprogresspaymentsaremade, DISTRICT will retain five percent (5%) of the totalcontractamountuntilsixty (60) days after the notice of completion is filed. (PublicContractCode §§ 7107, 9203.) CONTRACTOR may substitute securities in lieu of retention pursuant to Public Contracts Code Section 22300. 10. Insurance. A. Time for Compliance. CONTRACTOR shall not commence work under this AGREEMENT until it has provided evidence satisfactory to DISTRICT that ithassecuredallinsurancerequiredunderthisSection. In addition, CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to DISTRICT that the subcontractor has secured all insurancerequiredunderthisSection. B. Minimum Requirements. CONTRACTOR shall, at its expense, procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the AGREEMENT by CONTRACTOR, its agents, representatives,employees, or subcontractors. CONTRACTOR shall also require all of its subcontractors to procure andd maintain the same insurance for the duration of theAGREEMENT. Such insurance shall meet at least the following minimum levels ofcoverage: i. Minimum Scope of Insurance. Coverage shall be at leastasbroadasthelatestversionofthefollowing: (1) General Liability: Insurance ServicesOfficeCommercialGeneralLiabilitycoverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form numberCA0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability:Workers' Compensation insurance as required by the State of California and Employer'sLiabilityInsurance. ii. Minimum Limits of Insurance. CONTRACTOR shallmaintainlimitsnolessthan: (1) General Liability: One Million Dollars ($1,000,000.00)per occurrence for bodily injury, personal injury, and property damage. If CommercialGeneralLiabilityInsuranceorotherformwithgeneralaggregatelimitisused, either the general aggregate limit shall apply separately to this AGREEMENT/location or thegeneralaggregatelimitshallbetwicetherequiredoccurrencelimit; (2) Automobile 4PWK30U1210 Liability: One Million Dollars ($1,000,000.00) per accident for bodily injury and propertydamage; and (3) Workers' Compensation and Employer's Liability: Workers'Compensation limits as required by the Labor Code of the State of California.Employer's Liability limits of One Million Dollars (51,000,000.00) per accident for bodilyinjuryordisease. C. insurance Endorsements. The insurance policies shall contain the following provisions, and a separate endorsement stating to add the followingprovisionstotheinsurancepoliciesshallbesubmittedandapprovedbyDISTRICT: i. General Liability. The general liability policy shall beendorsedtostatethat: (1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the work or operations performed by or on behalf of CONTRACTOR, including materials, parts, or equipment furnished in connection with such work; and (2) the insurance coverageshallbeprimaryinsuranceasrespectsDISTRICT, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain ofcoverageexcessofCONTRACTOR's scheduled underlying coverage. Any insuranceorself-insurance maintained by DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be excess of CONTRACTOR's insurance and shall not be called upon to contribute with it in any way. ii. Automobile Liability. The automobile liability policy shallbeendorsedtostatethat: (1) DISTRICT, its directors, officials, officers, employees,agents, Yg , and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading, or unloading of any auto owned,leased, hired, or borrowed byCONTRACTOROR or for which CONTRACTOR is responsible; and (2) the insurance coverage shall be primary insurance as respectsDISTRICT, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of CONTRACTOR'sscheduledunderlyingcoverage. Any insurance or self-insurance maintained byDISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be excess of CONTRACTOR's insurance and shall not be called upon to contribute with itinanyway. iii. Workers' Compensation and Employer's LiabilityCoverage. The insurer shall agree to waive all rights of subrogation against DISTRICT,its directors, officials, officers, employees, agents, and volunteers for losses paid underthetermsoftheinsurancepolicywhicharisefromworkperformedbyCONTRACTOR. iv. All Coverages. Each insurance policy required by thisAGREEMENTshallbeendorsedtostatethat: (A) coverage shall not be suspended, voided, reduced, or canceled except after thirty (30) days prior written notice by certifiedmail, return receipt requested, has been given to DISTRICT; and (B) any failure tocomplywithreportingorotherprovisionsofthepolicies, including breaches of 5 PWK 30U 12 10 warranties, shall not affect coverage provided to DISTRICT, its directors, officials,officers, employees, agents, and volunteers. D. Separation of Insureds; No Special Limitations. All insurancerequiredbythisSectionshallcontainstandardseparationofinsuredsprovisions. Inaddition, such insurance shall not contain any special limitations on the scope of protection afforded to DISTRICT, its directors, officials, officers, employees, agents, andvolunteers. E. Deductibles and Self-Insured Retentions. An deductibless orself-insured retentions must be declared to and approved by DISTRICT.CONTRACTOR shall guarantee that, at the option of DISTRICT, either: (1) the insurershallreduceoreliminatesuchdeductiblesself-insuredorselfinsured retentions as respectsDISTRICT, its directors, officials, officers, employees, agents, and volunteers, or (2)CONTRACTOR shall procure a bond guaranteeing payment of losses and relatedinvestigationcosts, claims, and administrative and defense expenses. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business inCalifornia, and satisfactory to DISTRICT. G. Verification of Coverage. CONTRACTOR shall furnish DISTRICT with original certificates of insurance and endorsements effecting coverage required bythisAGREEMENTonformssatisfactorytoDISTRICT. The certificates and endorsements for each insurance policy shall be signed by a person authorized by thatinsurertobindcoverageonitsbehalfandshallbeonformsprovidedbyDISTRICTifrequested. All certificates and endorsements must be received and approved byDISTRICTbeforeworkcommences. DISTRICT reserves the right to require complete, certified copies of all required insurance policies, at any time. 11. Indemnification. CONTRACTOR shall defend, indemnify, and hold theDISTRICT, its officials, officers, employees, and agents free and harmless from any andallclaims, demands, causes of action, expenses, liabilities, losses, damages, andinjuriestopropertyorpersons, including wrongful death, where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole orinpart, the performance of this AGREEMENT by CONTRACTOR or by any individual orentityforwhichCONTRACTORislegallyliable, including, but not limited to, officers, agents, employees, or subcontractors of CONTRACTOR, save and except that causedbyDISTRICT's sole or active negligence or willful misconduct. 12. Bonds. If this PROJECT is over Twenty-Five Thousand Dollars25,000.00), CONTRACTOR must post a payment (labor and materials) bond and afaithfulperformancebondonDISTRICT's forms. (Civil Code § 9550.) No work shall be 6PWi<30U 12 10 performed until all insurance and bonds required by this AGREEMENT are on file and this AGREEMENT has been properly executed. 13. Warranty. CONTRACTOR shall perform, at its own cost and expense and without reimbursement from DISTRICT, any services necessary to correct errors or omissions which are caused by CONTRACTOR's failure to comply with the standard ofcareprovidedforherein. CONTRACTOR shall guarantee work done on the PROJECTforaone-year (1) period commencing on the date of substantial completion. CONTRACTOR shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for itsarticular purpose.ose.P P 14. Termination. DISTRICT reserves the right to terminate thisAGREEMENT9 at any time, with or without cause. CONTRACTOR will be entitled to payment for work performed up until receipt of the notice of termination unlessCONTRACTORwasindefaultinCONTRACTOR's performance. Any employee of CONTRACTOR or its subcontractors who is determined byDISTRICTtobeuncooperative, incompetent, a threat to the adequate or timelycompletionofthePROJECT, or a threat to the safety of persons or property, or anyemployeewhofailsorrefusestoperformPROJECTinamanneracceptableto DISTRICT, shall be promptly removed from the PROJECT by the CONTRACTOR and shall not be re-employed to perform any of the PROJECT. 15. Miscellaneous. DISTRICT acknowledges that if it provides CONTRACTOR with locations of underground pipelines and DISTRICT is incorrect andthoseutilitiesmustberelocated, DISTRICT will pay for those relocation costs in accordance with statutory requirements. (Government Code §4215.) CONTRACTOR agrees to provide DISTRICT with notice of any hazardous materials or subsurface or latent physical site conditions if encountered if this workinvolvesexcavationsdeeperthanfourfeet (4'). If this work exceeds Twenty-FiveThousandDollars (S25,000.00) and the excavations exceed five feet (5'),CONTRACTOR must provide a detailed trenching plan. (Public Contracts Code § 7104;Labor Code § 6705.) DISTRICT shall give CONTRACTOR timely notice of third-party claims. For claims that are less than Three Hundred Seventy-Five Thousand Dollars375,000.00), the provisions of Public Contracts Code Sections 20104 et seq. (Article1.5— Resolution of Construction Claims) shall be followed. CONTRACTOR is and shall at all times remain as to DISTRICT an independentcontractor. No employee benefits shall be available to CONTRACTOR in connection 7 PWK 30U 12 10 I with the performance of this AGREEMENT. Except for the fees paid to CONTRACTOR as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other compensation to CONTRACTOR for performing any services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing any services hereunder. This AGREEMENT shall be interpreted in accordance with the laws of the State of California. Any action brought between the parties shall be commenced in the superior or federal district court with jurisdiction over the DISTRICT. This AGREEMENT and the attachments hereto shall contain the entire agreement between the parties. This AGREEMENT cannot be modified except in a writing signed by both parties. In the event of inconsistency between this AGREEMENT and any attachment hereto, this AGREEMENT shall control in all respects. CONTRACTOR shall provide DISTRICT with drawings of the construction in its as built" condition. COSTA MESA SANITARY DISTRICT CONTRACTOR Approved by: Reviewed and Accepted by: General Manager Name: JOH CO!. Approved as to Content: Signatu -: ` y it" Title: P• SIDENT Rob H mers District Engineer Approved as to Form: 64---/t.‘ Harper& Burns LLP District Counsel 8 PWK 30U 12 10 MANHOLE ADJUSTING INC FROM: ABEL RUIZ 9500 BEVERLY ROAD UTILITY ADJUSTING DIVISION IIS PICO RIVERA,CA 90660-2135 323)558-8000,FAX(323)558-8055 General Engineering Lic 398443 DIR NO.:1000004104 BID PROPOSAL abelruizmainc@earthlink.net TO: Mr.Rob Hamers COMPANY: CMSD-Dist.Engineer FACSIMILE: rhamers@robhamers.comDate: 12/20/2016 Project: SEWER MANHOLE SURFACE REPAIRS(8311)-PHASE 3 BID DATE: 12/20/2016Owner: CITY OF COSTA MESA BID TIME: 10:30AM ITEM DESCRIPTION Qty Max Depth(s) Unit Price UNIT TOTALSAdjust24"diameter Manhole(EXCLUDES N/A FRAME&COVER):R/R frame Cover 25 6"SECTION $ 820.00 $ 20,500.00 CONSIDERATIONS: WORK HOURS:9:00AM TO 3:30PM,MONDAY TO FRIDAY ON ARTERIAL LOCATIONS AND 7:00AM TO 3:30PM ONRESIDENTIALLOCATIONS. We exclude:Permits,Traffic Control Plans&approvals,Detours,AC sawcutting,PCC Sawcutting, PCC center gutter around manhole,Precast Concrete Cone adjustment,any customed made pre-cast concrete sectionotherthanprecastconcretegradingrings(if needed),any traffic loop damaged(not clearly marked at each location). BID TOTAL: I $ 20,500.00 MANHOLE PRICES EXCLUDE ANY LINING APPLICATION UNLESS NOTED. PRICES BASED UPON ONE(1)MOVE IN. Please contact us if there is any transmission problem at(323)558-8000. Approved by: Name&Signature Date Company Name Y:\MANHOLE\BIDS\2016\COSTA_MESA_PRO1311_SEWER MH PH3_122016_proposal Printed on:12/19/2016_6:18PM IN MANHADJ-01 BSHIELDS 4`,,.R CERTIFICATE OF LIABILITY INSURANCE DATETE(MM oi THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OK07568 CONTACT Bonnie ShieldsNAME;.___._ Busby-Stone Insurance Services,LLC PHONE FAX 9201 Camino Media Suite 250 lac,No, ):(661)665 9150 ACC,No_1__ P.O.Box 22620E "6$3.bshields©busbystone.com Bakersfield,CA 93311 INSURERM AFFORDING COVERAGE NAIL 1 NSURERA:TravelersProperttsCasualtyCo of America _25674 INSURED INSURER B:Travelers Casualty_&Surety Co Manhole Adjusting Inc.INSURERc: 9500 Beverly Road INSURER D Pico Rivera,CA 90660-2135 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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' TYPE OF INSURANCE ADDL'SUBR.- - -- POLICY NUMBER POUCYEFF POLICY EXP UMITSMM/DD/YYYYI A 'X COMMERCIAL GENERAL LIABILITY 1,000 OOO X DAMAGE TO RENTEDCLAIMS-MADE X OCCUR C04E966229-TCT-16 04/30/2016 04/30/2017,TREMISEB(Ea suTencel + 300,000 r __EACH OCCURRENCE __ MEDEXP one person) 5,000 1,000,000PERSONAL8ADVINJURY1 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 I POLICY X JECT LOC r.PRODUCTS-_COMP/OP AGG -$2,000000 OTHER j Included B AUTOMOBILE LIABILITYI COMBINED SINGLE LIMIT 1,000,000, X ANYOWAUTOED SCHEDULED 6104E97743A-TCT-16 04/30/2016;04/30/2017 BODILY INJURY(Perperson) $ AUTOS ONLY ;AUTOS BODILY INJURYSPer accident) $ II--- HIRED OW EPROPERTY----AUTOS ONLY ._I AUTOS ONNLY e , DAMAGE $ X ,,Auto with Comp&r x '.$1,000 Deductible r ,Col UMBRELLA LIAR ._._. OCCUR i EACH OCCURRENCE $ EXCESS LLAB CLAIMS-MADEi__ AGGREGATE-- --------. $.__.___.. --------- 1' 1DED RETENTION$ U64E660616-16 04/30/2016 5 WORKERS COMPENSATION PER 0TH- ANDEMPLOYERS LIABILITY Y/N X._:$TATUTE ER . 04/30/2017 1 000 000 A AliCER/MEIMgOE XCLUDEDXECUTIVE N/A E.L EACHACCIDENT --___ Y$____,._Mandatoryin NH) 1,000,000E__L._DISEASE-EA EMPLOYEE.$___-__I If yes,describe under 1,000,000DESCRIPTIONOFOPERATIONSbelowELDISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES()WORD 101,Additional RemarksSchedule, beenrichedI remois required) Adjust and Surface Repair twenty five(25)Sewer Manholes,Project No.311,Phase,MAI's Job No.MP17-14033 Costa Mesa Sanitary District along with their elected officials,officers,employees and agents are named as additional insured per attached endorsement. CERTIFICATE HOLDER CANCELLATION 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 Costa Mesa Sanitary District 628 W.19th St. Acosta Mesa.CA 92627 ACORD 25(2016/03) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy No.: CO4E966229-TCT-16 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in-to include any person or organization that you sured does not apply to "bodily Injury" oragreeina "written contract requiring insurance" property damage" caused by "your work"to include as an additional insured on this Cover- and included in the "products-completed op-age Part, but:erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided tob) If, and only to the extent that, the injury or the additional insured applies only to suchdamageiscausedbyactsoromissionsofbodilyinjury" or "property damage" that oc-you or your subcontractor in the performance curs before the end of the period of time forof "your work" to which the "written contract which the "written contract requiringinsurance" nsur-requiring applies. The person or ante" requires you to provide such coverageorganizationdoesnotqualifyasanadditionalortheendofthepolicyperiod, whichever isinsuredwithrespecttotheindependentactsearlier. or omissions of such person or organization.3. The insurance provided to the additional insured2, The insuranceProvided to the additional insured by this endorsement is excess over any valid andbythisendorsementislimitedasfollows:collectible "other insurance", whether primary,a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that isthisCoveragePartshownintheDeclarationsavailabletotheadditionalinsuredforalosswe exceed the limits of liability required by the cover under this endorsement. However, if the written contract requiring insurance", the in- written contract requiring insurance" specificallysuranceprovidedtotheadditionalinsuredrequiresthatthisinsuranceapplyonaprimary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- other insurance". But the insurance provided to does not apply "bodily injury", "prop- the additional insured by this endorsement still issuredpPyyry ' excess over any valid and collectible "other in-erty damage" or "personal injury" arising out surance", whether primary, excess, contingent oroftherenderingof, or failure to render, any on any other basis, that is available to the addi-professional architectural, engineering or sur- tional insured when thatveyingservices, including: person or organization is an additional insured under such "other insur-i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to theings, opinions, reports, surveys, field or- additional insured by this endorsement:ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications;and notice as soon as practicable of an "occur- ii. Supervisory, Inspection, architectural or rence" or an offense which may result in a engineering activities. claim. To the extent possible, such notice should include: CG D2 46 08 05 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured byiii. The nature and location of any injury or this endorsement is primary to "other insur-damage arising out of the"occurrence"or ance" available to the additional insuredoffense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V, i. Immediately record the specifics of the DEFINITIONS: claim or"suit and the date received;and Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or"suit as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided that the "bodily injury"and "property damage"oc-c) The additional insured must immediately curs and the"personal injury" is caused by ansenduscopiesofalllegalpapersreceivedinoffensecommitted: connection with the claim or"suit", cooperate a. After the signing and execution of thewithusintheinvestigationorsettlementof the claim or defense against the "suit", and contract or agreement by you; otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de-agreement is in effect;and fense and indemnity of any claim or"suit"to c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05