2013/05/28 City Council Resolution 2013-082RESOLUTION NO. 2013 -082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE PLANS AND SPECIFICATIONS FOR THE
PUBLIC SAFETY ROOF REPLACEMENT AND EXTERIOR IMPROVEMENTS —
PHASE II, PROJECT NO 2012 -12 AND AWARDING THE CONTRACT TO
A.E. NELSON CONSTRUCTION
WHEREAS, the City of Rohnert Park Municipal Code Title 3 Chapter 3.04 provides that the
city's purchasing functions shall be governed by the city's purchasing policy; and
WHEREAS, consistent with City of Rohnert Park Purchasing Policy Section 3.6.6F
Conti acts for Public Prgfects which defers to the Uniform Construction Cost Accounting Procedures
(UCCAP) set forth in the Uniform Public Construction Cost Account Act, an invitation to bid was
posted /published on April 15, 2013; and
WHEREAS, the plans and specifications for the Public Safety Roof Replacement and
Exterior Improvements — Phase II, Project No. 2012 -12 were designed by Quattrocchi Kwok
Architects (QKA) and approved by the Director of Public Works and Community Services; and
WHEREAS, the Project was advertised for bids and bids were opened on May 16, 2013; and
WHEREAS, Public Works staff reviewed the lowest bid for responsiveness and
determined that A.E. Nelson Construction submitted the lowest cost bid and is the lowest
responsive and responsible bidder; and
WHEREAS, on May 28, 2013, a duly noticed public meeting was held on the approval
of the plans and specifications and the award of the contract; and
WHEREAS, the City Council determined that the Project is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to the following
authority:
1. Section 15301.C. Existing Facilities, since the project consists of the repair and
maintenance, and or minor alteration of existing public structures, and facilities and
involves no expansion of use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park as follows:
1. The above recitals are true and correct and are hereby incorporated into this Resolution
as findings of the City Council of the City of Rohnert Park.
2. In making its findings the City Council relied upon and hereby incorporates by reference
all of the bid materials, correspondence, staff reports and all other related materials.
3. The plans and specifications for the Public Safety Roof Replacement and Exterior
Improvements — Phase 11, Project No. 2012 -12 are approved and adopted.
4. In accordance with California Public Contract Code Section 20160 and following and
other applicable laws, the City Council of the City of Rohnert Park hereby finds that the
bid for the Public Safety Roof Replacement and Exterior Improvements — Phase II,
Project No. 2012 -12 by A.E. Nelson Construction, is the lowest responsive and
responsible bid and the Council waives any irregularities in such bid in accordance with
applicable law.
5. The City Manager is hereby authorized and directed to execute an agreement in
substantially similar form to the agreement attached hereto as Exhibit "A," subject to
minor modifications by the City Manager or City Attorney, with A.E. Nelson
Construction for the amount of $897,600 for construction of the Project in accordance
with the bid documents and applicable law upon submission by A.E. Nelson
Construction of all documents required pursuant to the Project bid documents.
6. City staff is hereby directed to issue a Notice of Award to A.E. Nelson Construction for
this project.
7. This Resolution shall become effective immediately.
8. All portions of this resolution are severable. Should any individual component of this
Resolution be adjudged to be invalid and unenforceable by a body of competent
jurisdiction, then the remaining resolution portions shall be and continue in full force and
effect, except as to those resolution portions that have been adjudged invalid. The City
Council of the City of Rohnert Park hereby declares that it would have adopted this
Resolution and each section, subsection, clause, sentence, phrase and other portion
thereof, irrespective of the fact that one or more section subsection, clause sentence,
phrase or other portion may be held invalid or unconstitutional.
DULY AND REGULARLY ADOPTED this 28"' day of May, 2013.
19
ATTEST:
CITY OF ROHNERT PARK
To0NFRr P.,,
b Anne Buergler, City Cler
Pam Stafford, Mayor
AHANOTU: AYE BELFORTE: AYE MACKENZIE: AYE CALLINAN: AYE STAFFORD: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Attachments: Exhibit A, agreement
2013 -082
(2)
CONTRACT
PUBLIC SAFETY ROOF REPLACEMENT AND
EXTERIOR IMPROVEMENTS - PHASE 2
PROJECT NO. 2012 -12
THIS AGREEMENT, made and entered into this 28th day of May, 2013, by and between
A.E. Nelson Construction, hereinafter called "Contractor ", and the City of Rohnert Park, hereinafter
called "City ".
WITNESSETH:
WHEREAS, the City Council of said City has awarded a contract to Contractor for
performing the work hereinafter mentioned in accordance with the sealed proposal of said
Contractor.
NOW, THEREFORE, IT IS AGREED, as follows:
1. Scope of Work: The Contractor must perform all the work and furnish all the labor,
materials, equipment and all utility and transportation services required to complete all of the work
of construction and installation of the improvements more particularly described in the Resolution
adopted by the City Council of said City on May 28, 2013, the items and quantities of which are
more particularly set forth in the Contractor's bid therefor on file in the office of the City Clerk,
except work to be performed by subcontractors as set forth in the Contractor's bid and for which the
Contractor retains responsibility.
2. Time of Performance and Liquidated Damages: The Contractor must begin work
within fifteen (15) calendar days after official notice by the Director of Public Works & Community
Services to proceed with the work and must diligently prosecute the same to completion within
ninety (90) calendar days of that Notice. The Contractor acknowledges and agrees that time is of
the essence with respect to Contractor's work and that Contractor shall diligently pursue
performance of the work.
In the event the Contractor does not complete the work within the time limit so specified or
within such further time as said City Council must have authorized, the Contractor must pay to the
City liquidated damages in the amount of $1,000.00 per day for each and every day's delay in
finishing the work beyond the completion date so specified. Additional provisions with regard to
said time of completion and liquidated damages are set forth in the specifications, which provisions
are hereby referred to and incorporated herein by reference.
3. Payments: Payments will be made by City to the Contractor for said work
performed at the times and in the manner provided in the specifications and at the unit prices stated
in Contractor's bid.
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The award of the contract is for a total amount of $897,600.
4. Component Parts and Interpretation: This contract must consist of the following
documents, each of which is on file in the office of the City Clerk and all of which are incorporated
herein and made a part hereof by reference thereto:
a) This Agreement
b) Notice Inviting Sealed Proposals
C) Instruction and Information to Bidders
d) Accepted Proposal, with all attachments and certifications
e) Faithful Performance Bond
f) Labor and Material Bond
g) Special Provisions
h) Standard Specifications
i) Design Standards
j) Plans, Profiles and Detailed Drawings
In the event of conflict between these documents, the following order of precedence will
govern: this contract; change orders; supplemental agreements and approved revisions to plans
and specifications; special conditions; standard specifications; detail plans; general plans;
standard plans; reference specifications. In the absence of a controlling or contrary provision in
the foregoing, the Standard Specifications (2010 edition) of the California Department of
Transportation shall apply to this project.
5. Independent Contractor. Contractor is and will at all times remain as to
City a wholly independent contractor. Neither City nor any of its officers, employees, or agents
will have control over the conduct of Contractor or any of Contractor's officers, employees,
agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor
may not at any time or in any manner represent that it or any of its officers, employees, agents, or
subcontractors are in any manner officers, employees, agents or subcontractors of City.
6. Prevailing Wages: Copies of the determination of the Director of the
Department of Industrial Relations of the prevailing rate of per diem wages for each craft,
classification or type of worker needed to execute this Contract will be on file in, and available
at, the office of the Director at 601 Carmen Drive, Camarillo, California 93010.
Contractor must post at the work site, or if there is no regular work site then at its
principal office, for the duration of the Contract, a copy of the determination by the Director of
the Department of Industrial Relations of the specified prevailing rate of per diem wages. (Labor
Code § 1773.2.)
Contractor, and any subcontractor engaged by Contractor, may pay not less than the
specified prevailing rate of per diem wages to all workers employed in the execution of the
contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code
section 1776 relative to the retention and inspection of payroll records.
LA #4834 -0043 -9827 vl
Contractor must comply with all provisions of Labor Code section 1775. Under Section
1775, Contractor may forfeit as a penalty to City up to $200.00 for each worker employed in the
execution of the Contract by Contractor or any subcontractor for each calendar day, or portion
thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable
to pay the difference between the prevailing wage rates and the amount paid to each worker for
each calendar day, or portion thereof, for which each worker was paid less than the prevailing
wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing
properly registered apprentices in the execution of the Contract. Contractor is responsible for
compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute
requires that contractors and subcontractors must submit contract award information to the
applicable joint apprenticeship committee, must employ apprentices in apprenticeable
occupations in a ratio of not less than one hour of apprentice's work for every five hours of labor
performed by a journeyman (unless an exception is granted under § 1777.5), must contribute to
the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council,
and that contractors and subcontractors must not discriminate among otherwise qualified
employees as apprentices solely on the ground of sex, race, religion, creed, national origin,
ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training
under apprenticeship standards and who have written apprentice contracts, may be employed on
public works in apprenticeable occupations.
If federal funds are used to pay for the Work, Contractor and any subcontractor agree to
comply, as applicable, with the labor and reporting requirements of the Davis -Bacon Act (40
USC § 276a -7), the Copeland Act (40 USC § 276c and 18 USC § 874), and the Contract Work
Hours and Safety Standards Act (40 USC § 327 and following). .
7. Hours of Labor: Contractor acknowledges that under California Labor Code
sections 1810 and following, eight hours of labor constitutes a legal day's work. Contractor will
forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this
Contract by Contractor or any subcontractor for each calendar day during which such worker is
required or permitted to work more than eight hours in any one calendar day and 40 hours in any
one calendar week in violation of the provisions of Labor Code section 1810. .
8. Apprentices: Attention is directed to the provisions in Sections 1777.5 (Chapter
1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by
the Contractor or any Subcontractor under him.
Section 1777.5, as amended, requires the Contractor or Subcontractor employing tradesmen
in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of
the public works project and which administers the apprenticeship program in that trade for a
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will
be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases
must not be less than one to five except:
A. When unemployment in the area of coverage by the joint apprenticeship committee
has exceeded an average of 15 percent in the 90 days prior to the request for
LA #4834- 0043 -9827 vl
certificate, or
B. When the number of apprentices in training in that area exceeds a ratio of one to
five, or
C. When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
D. When the assignment of an apprentice to any work performed under a public works
Contract would create a condition which would jeopardize his life or the life, safety,
or property of fellow employees or the public at large, or if the specified task to
which the apprentice is to be assigned is of such a nature that training cannot be
provided by a journeyman, or
E. When the Contractor provides evidence that he employs registered apprentices on all
of his Contracts on an annual average of not less than one apprentice to eight
Journeymen.
The Contractor is required to make contributions to funds established for the administration
of apprenticeship program if he employs registered apprentices or journeymen in any apprenticeable
trade on such Contracts and if other Contractors on the public works site are making such
contributions.
The Contractor and any Subcontractor under him must comply with the requirements of
Section 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be
obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
9. Labor Discrimination: Attention is directed to Section 1735 of the Labor Code,
which reads as follows:
"A contractor must not discriminate in the employment of persons upon
public works on any basis listed in subdivision (a) of Section 12940 of the Government
Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code,
except as otherwise provided in Section 12940 of the Government Code. Every
contractor for public works who violates this section is subject to all the penalties
imposed for a violation of this chapter. "
10. Workmen's Compensation Insurance: In accordance with the provisions of Article
5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4
(commencing with Section 3700) of the Labor Code of the State of California, the Contractor is
required to secure the payment of compensation to his employees and must for that purpose obtain
and keep in effect adequate Workmen's Compensation Insurance.
LA #4834- 0043 -9827 vi
The undersigned Contractor is aware of the provisions of Section 3700 of the Labor Code
which requires every employer to be insured against liability for workmen's compensation or to
undertake self - insurance in accordance with the provisions of that Code, and will comply with such
provisions before commencing the performance of the work of this contract.
11. Indemnity and Insurance: To the fullest extent permitted by law, Contractor must
indemnify, hold harmless, release and defend City, its officers, elected officials, employees, agents,
volunteers, and consultants from and against any and all actions, claims, demands, damages,
disability, losses, expenses including, but not limited to, attorney's fees and other defense costs and
liabilities of any nature that may be asserted by any person or entity including Contractor, in whole
or in part, arising out of Contractor's activities hereunder, including the activities of other persons
employed or utilized by Contractor including subcontractors hired by the Contractor in the
performance of this Agreement excepting liabilities due to the active negligence of the City. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable by or for Contractor under Worker's Compensation, disability or
other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Contractor and must continue to bind the parties after termination/completion of this
Agreement.
Contractor shall procure and maintain throughout the time for performance of the work
under this Contract the insurance required by the Special Provisions. The requirement that
Contractor procure and maintain insurance shall in no way be construed to limit the Contractor's
duty to indemnify City as provided in the paragraph above.
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.
12. City Right of Termination and Right to Complete the Work. The City may
terminate the Contract when conditions encountered during the work make it impossible or
impracticable to proceed, or when the City is prevented from proceeding with the Contract by act
of God, by law, or by official action of a public authority.. In addition, the occurrence of any of
the following is a default by Contractor under this Contract:
A. Contractor refuses or fails to prosecute the Work or any part thereof with
such diligence as will insure its completion within the time specified or any permitted extension.
B. Contractor fails to complete the Work on time.
C. Contractor is adjudged bankrupt, or makes a general assignment for the
benefit of creditors, or a receiver is appointed on account of Contractor's insolvency.
D. Contractor fails to supply enough properly skilled workers or proper
materials to complete the Work in the time specified.
E. Contractor fails to make prompt payment to any subcontractor or for
material or labor.
LA #4834- 0043 -9827 v
F. Contractor fails to abide by any applicable laws, ordinances or instructions
of City in performing the Work.
G. Contractor breaches or fails to perform any obligation or duty under the
Contract.
Upon the occurrence of a default by Contractor, the Director will serve a written notice of
default on Contractor specifying the nature of the default and the steps needed to correct the
default. Unless Contractor cures the default within 10 days after the service of such notice, or
satisfactory arrangements acceptable to City for the correction or elimination of such default are
made, as determined by City, City may thereafter terminate this Contract by serving written
notice on Contractor. In such case, Contractor will not be entitled to receive any further
payment, except for Work actually completed prior to such termination in accordance with the
provisions of the Contract Documents.
In event of any such termination, City will also immediately serve written notice of the
termination upon Contractor's surety. The surety will have the right to take over and perform
pursuant to this Contract; provided, however, that if the surety does not give City written notice
of its intention to take over and perform this Contract within five days after service of the notice
of termination or does not commence performance within 10 days from the date of such notice,
City may take over the Work and prosecute the same to completion by contract or by any other
method it may deem advisable for the account and at the expense of Contractor. Contractor and
the surety will be liable to City for any and all excess costs or other damages incurred by City in
completing the Work.
If City takes over the Work as provided in this Section, City may, without liability for so
doing, take possession of, and utilize in completing the Work, such materials, appliances, plant,
and other property belonging to Contractor as may be on the site of the Work and necessary for
the completion of the Work.
13. Substitution of Securities for Withheld Amounts: Pursuant to California Public
Contracts Code Section 22300, securities may be substituted for any moneys withheld by a public
agency to ensure performance under a contract. At the request and sole expense of the Contractor,
securities equivalent to the amount withheld must be deposited with the public agency, or with a
state or federally chartered bank as the escrow agent, who must pay such moneys to the Contractor
upon satisfactory completion of the contract.
Securities eligible for substitution under this section must include those listed in the
California Public Contracts Code Section 22300 or bank or savings and loan certificates of
deposit. The Contractor must be the beneficial owner of any securities substituted for moneys
withheld and must receive any interest thereon.
Alternatively, the Contractor may request and the City shall make payment of retentions
earned directly to the escrow agent at the expense of the Contractor. At the expense of the
Contractor, the Contractor may direct the investment of the payments into securities and the
Contractor shall receive the interest earned on the investments upon the same terms provided for
in Section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the
LA #4834 - 0043 -9827 v1
Contract, the Contractor shall receive from the escrow agent all securities, interest, and payments
received by the escrow agent from the City, pursuant to the terms of this section.
Any escrow agreement entered into pursuant to this section must contain as a minimum the
following provisions:
a. The amount of securities to be deposited;
b. The terms and conditions of conversion to cash in case of the default of the
Contractor; and
C. The termination of the escrow upon completion of the contract.
14. General Provisions
A. Authority to Execute. Each Party represents and warrants that all
necessary action has been taken by such Party to authorize the undersigned to execute this
Contract and to bind it to the performance of its obligations.
B. Assignment. Contractor may not assign this Contract without the prior
written consent of City, which consent may be withheld in City's sole discretion since the
experience and qualifications of Contractor were material considerations for this Contract.
C. Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
D. Integrated Contract. This Contract, including the Contract Documents, is
the entire, complete, final and exclusive expression of the Parties with respect to the Work to be
performed under this Contract and supersedes all other agreements or understandings, whether
oral or written, between Contractor and City prior to the execution of this Contract.
E. Modification of Contract. No amendment to or modification of this
Contract will be valid unless made in writing and approved by Contractor and by the City
Council or City Manager, as applicable. The Parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver will be void.
F. Counterparts, Facsimile or other Electronic Signatures. This Contract may
be executed in several counterparts, each of which will be deemed an original, and all of which,
when taken together, constitute one and the same instrument. Amendments to this Contract will
be considered executed when the signature of a party is delivered by facsimile or other electronic
transmission. Such facsimile or other electronic signature will have the same effect as an
original signature.
G. Waiver. Waiver by any Party of any term, condition, or covenant of this
Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any
Party of any breach of the provisions of this Contract will not constitute a waiver of any other
LA 44834-0043-9827 v1
provision, or a waiver of any subsequent breach or violation of any provision of this Contract.
Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of
the provisions of this Contract.
H. Interpretation. This Contract will be interpreted, construed and governed
according to the laws of the State of California. Each party has had the opportunity to review
this Contract with legal counsel. The Contract will be construed simply, as a whole, and in
accordance with its fair meaning. It will not be interpreted strictly for or against either party.
I. Severability. If any term, condition or covenant of this Contract is
declared or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Contract will not be affected and the Contract
will be read and construed without the invalid, void or unenforceable provision.
J. Venue. In the event of litigation between the parties, venue in state trial
courts will be in the County of Sonoma. In the event of litigation in a U.S. District Court, venue
will be in the Northern District of California.
IN WITNESS WHEREOF, the City of Rohnert Park has caused these presents to be
executed by its officers, thereunto duly authorized, and Contractor has subscribed same, all on the
day and year first above written.
CITY OF ROHNERT PARK A.E. Nelson Construction
City Manager Date
Per Resolution No. 2013- adopted by the Rohnert Park
City Council at its meeting of May 28, 2013.
ATTEST:
City Clerk
LA #4834 -0043 -9827 0
Name /Title Date
APPROVED AS TO FORM:
City Attorney
INSURANCE
Bidder's attention is directed to the following insurance forms and to Section 2.03 of the
Special Provisions, located on Pages 2 -1 through 2 -4 in the Special Provisions section. It
is highly recommended that bidders confer with their respective insurance carriers or
brokers to determine in advance of bid submission the availability of insurance
certificates and endorsements as prescribed and provided herein. Failure to comply
strictly with the insurance requirements may result in forfeiture of the bid security and
withdrawal of the bid proposal.
LA 44834 -0043 -9827 vl
CERTIFICATE OF INSURANCE ISSUE DATE MM /DDNY)
CITY OF ROHNERT PARK (the "City ")
PRODUCER
THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.
BEST'S
COMPANIES RATING
COMPANY
LETTER A
COMPANY
LETTER B
INSURED
COMPANY
LETTER C
COMPANY
LETTER D
COMPANY
LETTER E
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 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. LIMITS SHOWN MAY HAVEN BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM /DD/YY)
POLICY EXPIRATION
DATE (MM /DD/YY)
ALL LIMITS IN THOUSANDS
GENERAL AGGREGATE
$
PRODUCTS- COMP /OPS AGGREGATE
$
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
PERSONAL &ADVERTISING INJURY
$
CLAIMS MADE C' OCCUR.
EACH OCCURRENCE
$
i_ OWNER'S & CONTRACTOR'S PROT.
FIRE DAMAGE (Any one fire)
$
OTHER
MEDICAL EXPENSE (Any one person)
$
COMBINED
AUTOMOBILE LIABILITY
SINGLE LIMIT
$
ANY AUTO
BODILY INJURY
- ALL OWNED AUTOS
(Per person)
$
SCHEDULED AUTOS
BODILY INJURY
HIRED AUTOS
NON -OWNED AUTOS
(Per accident)
$
_ GARAGE LIABILITY
PROPERTY DAMAGE
$
EXCESS LIABILITY
EACH OCCURRENCE
$
UMBRELLA
AGGREGATE
$
OTHER THAN UMBRELLA FORM
STATUTORY
WORKER'S COMPENSATION
EACH ACCIDENT
$
AND
_
DISEASE - POLICY LIMIT
$
EMPLOYERS' LIABILITY
DISEASE -EACH EMPLOYEE
$
PROPERTY INSURANCE
AMOUNT OF INSURANCE
- COURSE OF CONSTRUCTION
$
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS
THE FOLLOWING PROVISIONS APPLY:
1. None of the above - described policies will be canceled until after 30 days' written notice has been given to the City at the address indicated below.
2. The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are added as insureds on all liability insurance policies listed above.
3. It is agreed that any insurance or self- insurance maintained by the City will apply in excess of and not contribute with, the insurance described above.
4. The City is named a loss payee on the property insurance policies described above, if any.
5. All rights of subrogation under the property insurance policy listed above have been waived against the City.
6. The workers' compensation insurer named above, if any, agrees to waive all rights to subrogation against the City for injuries to employees of the insured resulting
from work for the City or use of the City's premises or facilities.
AUTHORIZED REPRESENTATIVE
CERTIFICATE HOLDER /ADDITIONAL INSURED
CITY OF ROHNERT PARK
SIGNATURE
130 AVRAM AVENUE
TITLE
ROHNERT PARK, CA 94928
PHONE NO.
Rev. 11/08
LA #4834 - 0043 -9827 v
INSURERISO FORM CG 20 10 11 85 (MODIFIED)
POLICY NO: COMMERCIAL GENERAL LIABILITY
ENDORSEMENT NO:
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Organization:
The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are
named as additional insured.
(If no entry appears above, the information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement).
WHO IS INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule but only with respect to liability arising out of "your work"
performed for that insured.
1. The insured scheduled above includes the insured's elected or appointed officers, officials,
employees, agents and volunteers.
2. This insurance must be primary as respects the insured shown in the schedule above, or if excess,
must stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying
primary coverage. In either event, any other insurance maintained by the Insured scheduled above
must be in excess of this insurance and must not be called upon to contribute with it.
3. The insurance afforded by this policy must not be canceled except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the Entity.
4. Coverage must not extend to any indemnity coverage for the active negligence of the additional
insured in any case where an agreement to indemnify the additional insurance would be invalid
under Subdivision (b) of Section 2782 of the Civil Code.
Signature- Authorized Representative
Address
CG 20 10 11 85 Insurance Services Office, Inc. Form (Modified)
LA #4834 - 0043 -9827 v 1
SUBMIT IN DUPLICATE
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
ENDORSEMENTNO.
ISSUE DATE(MM /DD/"
FOR CITY OF ROHNERT PARK (the "City ")
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE ":- Included in Limits
_.: In Addition to Limits
i_; Deductible ;- Self- Insured Retention (check which) of $
Telephone
NAMED INSURED
APPLI CAB I LITY.This insurance pertains to the operation and/or tenancy of the named
insured under all written agreements and permits in force with the City unless checked here v: in
which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS /PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
❑COMMERCIAL AUTO POLICY
❑BUSINESS AUTO POLICY
❑OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter's representative for claims pursuant to this insurance.
Name:
Address:
$ per accident, for bodily injury and property damage.
Telephone: ( )
In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or
hereafter attached thereto, it is agreed as follows:
1. INSURED. The City of Rohnert Park, its officers, elected officials, employees, agents and volunteers are included as insureds with regard to damages and defense of
claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, or for
which the Named Insured is responsible.
2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City, the insurance afforded by this policy must: (a) be
primary insurance as respects the City, its officers, officials, employees, agents or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named
Insured's primary coverage. Any insurance or self- insurance maintained by the City, its officers, officials, employees and volunteers must be excess of the Named
Insured's insurance and not contribute with it.
3. CANCELLATION NOTICE. With respect to the interests of the City, this insurance must not be cancelled, except after thirty 30) days prior written notice by receipted
delivery has been given to the City.
4. SCOPE OF COVERAGE. This policy affords coverage at least as broad as:
(1) If primary, Insurance Services Office form number CA0001 (Ed. 1/87), Code 1 ( "any auto "). or
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (1).
Except as stated above nothing herein must be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement
is attached.
ENDORSEMENT HOLDER
CITY
AUTHORIZED ti< Broker /Agent ti,, Underwriter u,
REPRESENTATIVE
CITY OF ROHNERT PARK
I (print /type name), warrant that I have
authority to bind the above - mentioned insurance company and by my
130 AVRAM AVENUE
signature hereon do so bind this company to this endorsement.
ROHNERT PARK, CA 94928
Signature
(original signature required)
Telephone: ( ) Date signed:
REV. 11/08
LA #4834- 0043 -9827 v
SUBMIT IN DUPLICATE
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
ENDORSEMENT NO.
ISSUE DATE(MM /DDfYY)
SPECIAL ENDORSEMENT
FOR CITY OF ROHNERT PARK (the "City ")
PRODUCER
POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
OTHER PROVISIONS
Telephone
NAMEDINSURED
C LAI MS: Underwriter's representative for claims pursuant to this insurance.
EMPLOYERS LIABILITY LIMITS
Name:
$ (Each Accident)
Address:
$ (Disease - Policy Limit)
$ (Disease - Each Employee)
Telephone: ( )
In consideration of the premium charged and notwithstanding an inconsistent statement in the policy to which this endorsement is attached or any endorsement now or
hereafter attached thereto, it is agreed as follows:
1. CANCELLATION NOTICE. This insurance must not be cancelled, except after thirty (30) days prior written notice by receipted delivery has been given to the City.
2. WAIVER OF SUBROGATION. This insurance Company agrees to waive all rights of subrogation against the City, its officers, officials, employees, agents and
volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City.
Except as stated above nothing herein must be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement
is attached.
ENDORSEMENT HOLDER
CITY
AUTHORIZED u_ Broker /Agent L.., Underwriter i
REPRESENTATIVE
I (print /type name), warrant that I have
CITY OF ROHNERT PARK
authority to bind the above - mentioned insurance company and by my
130 AVRAM AVENUE
signature hereon do so bind this company to this endorsement.
ROHNERT PARK, CA 94928
Signature
(original signature required)
Telephone: ( ) Date signed:
Rtv. 11 tub
LA #4834- 0043 -9827 vl