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2011-033 Mark Switzer Old Morro Rd Repair
EC, TIRAC, cl CITY CSF ATASCADERO p r1i 1918 lm. • ..v_._CAD . CONTRACTTOR MARK SWITZER EXCAVATING FOR OLD MORRO ROAD LANDSLIDE REPAIR ee CAD CONTRACTOR SERVICES AGREEMENT FOR THE CITY OF ATASCADERO MARK SWITZER EXCAVATING THIS CONTRACT is made and entered into between City of Atascadero ("City"), and Mark Switzer Excavating ("Contractor"). City and Contractor agree as follows: 1. SCOPE AND STANDARDS: A. CONTRACT. Contractor shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. 2. EMPLOYMENT STATUS OF PERSONNEL: A. INDEPENDENT CONTRACTOR; EMPLOYEES OF CONTRACTOR. Contractor enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. Any persons employed by Contractor for the performance of services pursuant to this Contract shall remain employees of Contractor, shall at all times be under the direction and control of Contractor, and shall not be considered employees of City. All persons employed by Contractor to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Contractor employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees. rev 5IIl06 i 792119.3 City of Atascadero F Mark Switzer Excavating ° B. INDEPENDENT INVESTIGATION. The Contractor agrees and hereby represents it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research. C. COMPLIANCE WITH EMPLOYMENT LAWS. The Contractor shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work. D. UNLAWFUL DISCRIMINATION PROHIBITED. Contractor shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person's race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 3. TIME OF PERFORMANCE: The services of Contractor are to commence upon execution of this Contract by City, and shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below, this Contract shall terminate no later than June 1, 2012, unless extended by the mutual agreement of both parties. 4. COMPENSATION: A. TERMS. Compensation to the Contractor shall be as set forth in Exhibit B attached hereto and made a part hereof. B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Contractor shall not be compensated for any services rendered in connection with its performance of this Contract, which are in addition to those set forth herein or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City and Contractor at the time City's express written authorization signed by the City is given to Contractor for the performance of said services. rev 5/1/06 2 792119.3 City of Atascadero Mark Switzer Excavating 5. SUPERVISION, LABOR AGREEMENTS AND PERSONNEL: A. CONTRACTOR SUPERVISES PERSONNEL. The Contractor shall have the responsibility for supervising the services provided under this Contract, hiring of personnel, establishing standards of performance, assignment of personnel, determining and affecting discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel. The City may use any reasonable means to monitor performance and the Contractor shall comply with the Executive Director's request to monitor performance. B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City acknowledges that the Contractor may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Contractor is legally obligated to comply with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that the Contractor's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Contractor may have covering and/or with is employees. C. APPROVAL OF STAFF MEMBERS. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Contract. Contractor shall notify City of any changes in Contractor's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance. 6. TERMINATION: A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time. In the event of such termination, Contractor shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination. B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this Contract, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Contractor, and the City may withhold any payments due to Contractor until such time as the exact amount of damages, if any, due the City from Contractor is determined. All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination. The obligations of the Surety on the Faithful Performance Bond shall survive the termination of this Contract. rev 5/1/06 3 7921193 City of Atascadero Mark Switzer Excavating 7. CHANCES: The City or Contractor may, from time to time, request changes in the scope of the services of Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Contractor's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the Executive Director. 8. PROPERTY OF CITY: A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed that all materials prepared by the Contractor under this Contract are upon creation and shall be at all times the exclusive property of the City, and the Contractor shall have no property right therein whatsoever. City agrees that Contractor shall bear no responsibility for any reuse of the materials prepared by the Contractor if used for purposes other than those expressly set forth in the Intended Use of Contractor's Products and Materials section of this Contract. Contractor shall not disseminate any information or reports gathered or created pursuant to this Contract without the prior written approval of City including without limitation information or reports required by government agencies to enable Contractor to perform its duties under this Contract and as may be required under the California Public Records Act excepting therefrom as may be provided by court order. Contractor will be allowed to retain copies of all deliverables. B. CONTRACTOR TO DELIVER CITY PROPERTY, Immediately upon termination, or upon the request by the City, the City shall be entitled to, and the Contractor shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials and property of the City as may have been prepared or accumulated to date by the Contractor in performing this Contract. Contractor will be allowed to retain copies of all deliverables to the City. 9. CONFLICTS OF INTEREST: A. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, 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 Contractor's performance of services under this Contract. Contractor further covenants that in the performance of this Contract, Contractor shall take reasonable care to ensure that 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 Executive Director. Contractor 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 Contract. Contractor agrees to include language similar to this Section 9(A) in all contracts with subcontractors and agents for the work contemplated herein. rev 5/1/06 4 7921193 City of Atascadero Mark Switzer Excavatinga 10. CONFIDENTIAL INFORMATION: A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled by Contractor pursuant to performance of this Contract are confidential and Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order. B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Contractor or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non-releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements. C. COOPERATION. City and Contractor shall promptly notify the other party should Contractor or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City. City and Contractor each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding. Contractor and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Contractor or City. However, City and Contractor's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response. 11. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES: A. CONTRACTOR PROPERTY. Contractor shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract except as set forth in Exhibit C. City acknowledges that all equipment and other tangible assets used by Contractor in providing these services are the property of Contractor and shall remain the property of Contractor upon termination of this Contract. B. SPECIAL. SUPPLIES. City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo. All such items shall be approved by the City and shall be provided at City's sole cost and expense. rev 5/1/06 5 792119.3 City of Atascadero k Mark Switzer Excavating 12. COMPLIANCE WITH LAW: A. COMPLIANCE REQUIRED. Contractor shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Contractor shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Contractor shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Contractor shall provide a copy of the license(s) upon the request of the City. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of contractor to comply with this section. B. PREVAILING WAGES. The Contractor is required to pay prevailing wages for the work performed under this Agreement. The Contractor shall pay all penalties and wages as required by applicable law. 13. SUBCONTRACTING: None of the services covered by this Contract shall be subcontracted without the prior written consent of the Executive Director. Contractor shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Contractor. 14. ASSIGNABILITY: Contractor shall not assign or transfer any interest in this Contract whether by assignment or notation. However, claims for money due or to become due Contractor from the City under this Contract may be assigned to a financial institution, but only with prior written consent of the Executive Director. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City. The rights and benefits under this agreement are for the sole and exclusive benefit of the City and this Contract shall not be construed that any third party has an interest in the Contract. 15. LIABILITY OF CONTRACTOR: Contractor shall be responsible for performing the work under this Contract in a manner which is consistent with the generally accepted standards of Contractor's profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Contractor or its employees, agents, contractors or subcontractors. rev 5/1/06 67 792119.3 City of Ataseadero .. Mark Switzer Excavating 16. INDEMNIFICATION: A. INDEMNIFICATION FOR PROFESSIONAL_ LIABILITY. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligence, or wrongful act, error or omission of Contractor, willful misconduct, or recklessness of its officers, agents, employees or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents 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 attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), 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 Contractor or by any individual or entity for which contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. GENERAL INDEMNIFICATION PROVISIONS. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 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. This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. D. INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION. Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City of 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 contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. rev 511/00 7 792119.3 City of Atascadero Mark Switzer Excavating 17. INSURANCE: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit E attached to and part of this agreement. 1$. RECORDS: Contractor shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible and in a form acceptable to the City, which the City may specify and change from time to time. Contractor shall provide free access to the representatives of City or its designees, at reasonable times, to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Contract. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 19. MISCELLANEOUS PROVISIONS: A. ASSIGNMENT OR SUBSTITUTION. City has a NONDISCRIMINATION I NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination. B. UNAUTHORIZED ALIENS. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. C. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction being expressly waived. rev 511/06 $ 792119.3 City of Atascadero Mark Switzer Excavating D. City has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon Contractor by this Contract. In recognition of that interest, neither any complete nor partial assignment of this Contract, may be made by Contractor nor changed, substituted for, deleted, or added to without the prior written consent of City which consent shall not be unreasonably withheld. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Contract entitling City to any and all remedies at law or in equity, including summary termination of this Contract. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation, F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. G. CONSTRUCTION AND INTERPRETATION. Contractor and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity to revise the provisions of this Contract and to have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party. The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER. The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter. I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable. rev 5/1/06 9 792119.3 City of Atascadero ', Mark Switzer Excavating ° J. NOTICES. All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties (deemed to have been received three (3) business days after deposit in the U.S. Mail) at the following addresses: City: City of Atascadero Director of Public Works 6907 El Camino Real Atascadero, CA 93422 Contractor Mark Switzer Excavating 210 Cow Meadow Place Paso Robles, CA 93446 Each party may change the address at which it gives notice by giving fen (10) days advance, written notice to the other party. K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of Contractor warrant and represent that they have the authority to execute this Contract on behalf of their Company and further warrant and represent that they have the authority to bind Contractor to the performance of its obligations hereunder. AGREED to this day of ARAMr, 2011 by the parties as follows, Approved as to form: MARK SWITZER EXCAVATING By: Counsel for contractor Wk Switzer, Pre ' ent Approved as to form: CITY OF ATASCADERO By: `t By: Brian Pierik, City Attorney Wade McKinney, City Manag r rev 5/1/06 10 7921 19.3 CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 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 have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C. §§1860, 1861) CONTRACTOR Mark Switzer, President Mark Switzer Excavating rev 5/1/06 11 792E 19.3 CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQUIREMENTS Contractor acknowledges that under California labor code sections 1810 and following, 8 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 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of labor code section 1810. (labor code § 1813.) 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 6907 el Camino real, Atascadero, ca. Wage determinations are also available online at www.dir.ca.gov/disr/pwd/southern.html. Contractor shall 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, shall 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. Contractor shall comply with all provisions of labor code section 1775. Under section 1775, contractor may forfeit as a penalty to city up to $50.00 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 sections 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations. Contractor Mark Switzer, President rev 5/3/06 12 792119.3 EXHIBIT A Scope of Work All work performed shall comply with the engineering plans and specifications instructions, including all City issued addendums, per bid package Old Morro Road Landslide Repair, Bid No. 2011-007, hereby incorporated by reference, The project primarily consists of the repair of a failed slope along Old Morro Road. The project includes excavation of landslide material, installation of sub drains, and reconstruction of the slope with geo netting, erosion control and street repaving. Per the specifications, the contractor shall diligently prosecute the work to completion before the expiration of 45 working days after the Notice to Proceed has been issued. It is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in these specifications, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain, in the event of any, by reason of such delay; and it is therefore agreed that Contractor will pay to the City the sum of Five Hundred dollars ($500) per day for each and every calendar day delay beyond the time prescribed to complete the work; and, Contractor agrees to pay such Liquidated Damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any moneys due or that may become due Contractor under the contract. The Contractor shall not be assessed with Liquidated Damages, nor the costs of engineering and inspection during any delay in the completion of the work caused by acts of the federal government or the public enemy, or acts of God, fire, floods, epidemics, severe weather, or delays of subcontractors due to such causes; provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the City Engineer in writing of the cause of delay, who shall ascertain the facts and extent of the delay, and his finding of the facts thereon shall be final and conclusive. rev 5/1/06 A-1 792119.3 Mark Switzer Excavating Subcontractor List DESIGNATED SUBCONTRACTOR INFORMATION SHEET The Contractor shall set forth the following information on the"Designated Subcontractor Information Sheet," the name and location of the place of business, telephone and email address, license number and Classification of each subcontractor who wilt perforin work or labor or render service to the undersigned in or about the construction of the work to be performed, That portion of the work which will be done by such. subcontractor for each subcontract shalt be listed by individual item number.percent of item and dollar amount of item. The contractors attention is directed to Section 6-1.11,"Listing of Subcontractors"of these Special Provisions. f .Subcontractor __ _...._.Phone&-__. ._.___.._...__._._.._._._.__..... Percentage of _..Dollar Amount j Name&Address Email Item Number Item perforated of work � _.._._..._.._._..._..... _...._.......__. Li U performed - ..........__....... .... _ .._...__ ...•.._- .•....._. tttttA. teal.< ��� �j p $ c�c, 3 t 3 I[ J i s ....._.—__...._............_..........................._............................... J t E l i t 3 � I rev 5/1/06 A-2 792119.3 EXHIBIT B Compensation and Method of Payment TOTAL COST OF CONTRACT NOT TO EXCEED $ 88,390.00 WITHOUT PRIOR 6tWRITTENAUTTIORIZATION Services will be conducted on a fixed fee basis not to exceed the contractual amount of $88,390.00. This fee includes all work including but not limited to the repair of a failed slope along Old Morro Road. The project includes excavation of landslide material, installation of sub drains, and reconstruction of the slope with geo netting, erosion control and street repaving. Any additional services authorized by the City of Atascadero, not included in the scope of services as defined by this contract, must be approved in the form of a City of Atascadero Change Order prior to performing additional work. . All additional work authorized by a City of Atascadero Change Order will be compensated at the same unit cost for the defined services as determined on the bidder's original bid sheet. Payment will be made within 30 days after receipt and approval of invoice. No invoice will be approved without receipt and approval of certified payroll records. Payments to the contractor in excess of the contract amount of $88,390.00 will not be made unless written authorization is executed prior to the date of the additional requested work. Any charges incurred outside of these contract terms will not be authorized for payment. Final Payment A 10% retention will be held for thirty-five days after the Notice of Completion is filed with the County of San Luis Obispo. The retention will be released upon the City of Atascadero's final approval and the satisfactory completion of the project, Contractor agrees that the payment of the final amount due under the Contract is contingent upon Contractor furnishing a release of all claims against the City arising by virtue of this contract. Disputed contract claims in stated amounts may be specifically excluded by Contractor from the operation of the release. rev 5/1/06 B-1 792119..3 Mark Switzer Excavating Bid Sheet CITY OF ATASCADERO OLD MORRO ROAD LANDSLIDE REPAIR BID SCHEDULE ITEM UNIT OF ESTIMATED NO. ITEM DESCRIPTION _ -- -- MEASURE QUANTITY UNIT COST _A 1TOTAL OdIOSfUZATION LS so � ! y�:%L+ rg. oyrs 2 IWFIC:CONTROL LS i t� J. L tim,C x t 3 CLEARING AND GT.i.BRINGLs iI '} 4 DEMOLITION LS 1 it � 5 ! RE ovri SIC:+N E;A 2 )V t�"� i' t VV co o" I REMOVE.TREE � FA 7 '� (;� � i I�Ca���•' 8 7 EAIRTHWORK-BALANCE?!3 (r) s eY 1s^,a E r. ' le e,0 I 9 [ART}I�lJow-@A om- I ! t.;Y iC�7 $ 3 bpi (' § ,�... a f.." I{ 9 TREE PR07ECITON LS I Q Lei q 10 s WATER MAIN PROTECT'iON LS I i BEKI-I!)RAINA(N--SYSTEM LF :125 a 12 AGGREGATE BASE CY i 175 ata 13 ASPHALT CONCRETE I! T014 90 6 14 TRAFFIC DELINEA'I'OkS EA ( 13 I5 PAVLMENTRFINFORC-NG FABRC 8Y 15 SLOPE STA811-17Y GEOGRIV i SY E-F 2320 i 17 0"P/C STORM DRAIN PIPE LF 120 18 E EROS ION CONTROL LS 3 40D t UNIT PRICE FOR MOBILIZATION SHALL NOT EXCEED tela OF THE BASE 810 Total H$SC Bltt �3 v�r, E.A EACH I LT- LINEAL FEET is LS Lump sum (F) m MNAL PAY QUANTITY Project Manual-Part B S rev 5/1/06 B-2 792119.3 EXHIBIT C Items Provided by City None. rev 5/1106 C-1 7921 19.3 EXHIBIT" D Location Schedule -AL1.ccNsTRucTiON TRIC TO ACCESS SITE FROM THIS ` f INTERSECTION (SEE NOTE 1) SITE t s {' 41 .r LOCATION MAP NO SCALE NATE t ALL CONSTRUCTm TRAMc SHALL MESS SITE MOM H(rHWAY 41 /SAN MMEL ROAD 1N7 RSWTIW 17 PS THE CONTRACTOR'S RESPONS181UTY TO PREPARE A TAAFFTC CONTROL PLAN DAsED ON CALTRANS OPS,/`SAFETY"REOUIREWE NTS, Old Morro Road at SR 41, Atascadero, CA San Luis Obispo County rev 5/1/06 D-1 792119.3 I+XHi131 I E Insurance Requirements INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto) 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). Minimum.Limits of Insurance Lessee shall maintain limits no less than: 1. General. Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general. aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared.to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations,claim administration and defense expenses. rev 5/1/06 E-1 792119.3 Other Insurance Provisions The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers arc to be covered as insureds with respect to liability arising out of automobiles owned, leased,hired.or borrowedon behalf of the contractor; and with respect toliability arising out of work or operations performed by on on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy(CG 20 10 11 85) 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty(30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4. Coverage shall not extend to any indeminity coverage for the active negligence of the additional insured in. any case where an agreement to indemnify the additional insured would be invalid under Subdivision(b)of Section 2782 of the Civil Code. Acceptability of Insurers .Insurance is to be placed with insurers with a current A.M. Best's rating of no Iess than ANII. Additional Insured The City of Atascadero will to be added to the policy as Additional Insured by endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be accepted. Verificadon of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on. other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 658615.1 DRAFT 06/4/014.33 PM E-2 LIABILITY DATE{MM1DDYCERTIFICATE F INS� AR THIS C':RTiFICATE 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 poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT erle, CTC, CISR Barbara A NAME: y IWTW Insurance Services, LLC Via,°No Exz: (805)922-7301 ^v L� Nol:_ ADDDRESS': y (8651925_2370 J 1525 E. Main Street EDR ba erle@twiw.com PRODUCER 00003343 PO $OX 1099 CUSTOM[@.lD_1/;_._., Santa Maria CA 93456 INSURER(S)AFFORDING COVERAGE NAIC# INSURED — INSURERA:Financi_al Pacific Ins Co _ _ ;31453_ Mark Switzer Excavating INSURERB;American Economy Ins Co — 119690 210 Cow Meadow P1 ---- ----_'-._ (NsuRERc:Senchmark Ins Co `41394 _ Paso Robles, CA 93446 INSURERD:Fireman's Fund Ins Co --- 21873 INSURER E: _ I NSU RER F: I—.......__........__.-.-- COVERAGES CERTIFICATE NUMBER:CLI17702557 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN.ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER10D 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. IN RILTR TYPE OF INSURANCE I INSR WVADOLS BD POLICY NUMBER I(MM/ LICY EXP D' MMIDDNYYY — LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 € - X `COMMERCIAL GENERAL LIABILITY DAMAGE TO RENT I_D I PREMISES(Ea occurrences _� $ 50,000 A �J CLAIMS-MADE �_�.1 OCCUR 4625ON 9/1/2010 19/1/2011 ; i MED EXP(Any one person) $ 51000 3 I PERSONAL&ADV INJURY $ 1,000,000 GENERAL_AGGREGATE I$ 2,000,000 I GENT AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG I$ 2,000,000 3.—I �� PRO- s POLICY I x i LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I accident) is 11000,000 (Ea I ANY AUTO S-CC-304772-1 9/1/2010 19/1/2011 [BODILY LYINJURY(Perperson) :$ B ALL OWNED AUTOS INJURY(Per accident)I$ X SCHEDULED AUTOS -- ; PROPERTY DAMAGE '$ X ! HIRED AUTOS (Per accident) X C NON-OWNED AUTOS U d rinsured motorist BI single'$ 11000,000 Medical payments $ — 5,000 I j UMBRELOi SSE4206577 09/01/2010 09/101/2011 CCUEACH OCCURRENCE 1$ 51000,000 X EXCESS LIAB CLAIMS-MAD ES € AGGREGATE 1$ 51000,000 1 DEDUCTIBLE �I RETENTION $ I Is 1 Cr WORKERS COMPENSATION ' I X WCTC)RYLATIU - 10TH-I AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEr E.L.EACH ACCIDENT N/A� I $ _ 1r�O_D,.O00 OFFICER/MEMBER EXCLUDED? STSOO16S3 7/1/2011 7/1/2012 -�(Mandatory in NH) i E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below ------7 E.L.DISEASE-POLICY LIMIT $ 1,000,000 { DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) SEE ATTACHED FOR ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Atascadero ACCORDANCE WITH THE POLICY PROVISIONS. 69D7 .E1 Camino Real AUTHORIZED REPRESENTATIVE Atascadero, CA 93422 B Ayerle, CTC, CISR/B ACORD 25(2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. IN S025(2oo9c% The ACORD name and logo are registered marks of ACORD COMM The City of Atascadero, its officers, officials, employees and volunteers are named as Additional Insured in respects to General Liability per the CG 20 10 Blanket Additional Insured 02 10 R attached and in respects to Automobile Liability per the CA 71 10 03 07 attached for work performed by the Insured, when required by written contract. Project: The repair of a failed slope along Old Morro Road, Atascadero. Excavation of Landslide material, installation of sub drains, and reconstruction of the slope with geo netting, erosion control and street paving. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Robert E.AcqWstapacc -ey T.Dodds Gregory C.Anderson John A.F eliciano Slia,Arn B,Carson Kipton Keller Sl Steven W. Carter uttin Kelly Raymond M. Clem r; zJoan M.Kirchhof Dennis W.Corte W David L Rucker Ronald F.Cossa TW1W INSURANCE SERVICES, LLC David R.Shore Anthony W. Cossa TOLMAN MID WRER INSURANICE,INWESTINSURM.-CE SERVICES Denise D.Sutton Jeffrey G.Dann S I KE 1923 Richard W.Toolicy Judith M.Dia-r. Barbara J.Wm-d August 15, 2011 TO: City of Atascadero, 6907 EI Camino Real Atascadero, CA 93422 RE: Customer: Mark Switzer Excavating ACORD Corporation will not permit alteration to their forms to provide notice of cancellation to Certificate Holders or Additional Insureds. Should the policies described on the Certificate of Insurance referenced above cancel before the expiration date; TWIW Insurance Services will endeavor to mail 30 days notice of cancellation, except 10 days for non-payment of premium. But failure to mail such notice shall impose no obligation or liability of any kind upon TWIW Insurance Services. Sincerely, TWIW INSURANCE SERVICES, LLC 17-11� 614— Tony Cossa Branch Manager 1525 E.Main Street*PO Box 1099 e Santa Maria,CA 98456 * (805)922-7301 Phone 0 (805)925-2370 Fax Offices in:Bakersfield 9 Salinas 9 Santa Maria-Ventura www,twiw.com CD1 Lic.GE52073 0 0424313 COMMERCIAL GENERAL LIABLILTY POLICY NUMBER: 14625ON CG 20 10 Blanket Additional Insured 02 10 R THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDOWNERS, LESSEES CONTRACTORS (WITH LIMITED L T OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: Any person or organization to whom or to which DESCRIPTION OF WORK: the named insured is obligated by a virtue of a The type of work performed must be that as written contract to provide insurance that is described under classifications in the CGL afforded by this policy. Where required by Coverage Part Declarations. contract the officers, officials, employees, directors, subsidiaries, partners, successors, TRUCKERS parents, divisions, architects, surveyors and GRADING OF LAND engineers are included as additional insureds. SUBCONTRACTED WORK All other entities, including but not limited to agents, volunteers, servants, members and CONTRACTORS PERMA-YARD-MAINT/STORAGE partnerships are included as additional insureds, if required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional insured. If an Owner Controlled Insurance PRIMARY CLAUSE: Program is involved, the coverage applies to off- site operations only. if the purpose of this When this endorsement applies and when endorsement is for bid purposes only, then no required by written contract, such insurance as coverage applies. is afforded by the general liability policy is �r,�v ragLg and other insurance shall be WHO IS AN INSURED:(Section 11) excess and shall not contribute to the insurance This section is amended to include as an insured afforded by this endorsement. the person or organization shown on the EXCLUSION: Certificate of Insurance, but only to the extent The insurance provided to the additional insured that the person or organization is held liable for your acts or omissions in the course of "your does not apply to "bodily injury", "property work" for that person or organization by or for damage" or "personal and advertising injury" you. The "products-completed operations arising out of an architect's, engineer's or hazard" portion of the policy coverage does not surveyor's rendering or failure to render any apply to any work involving or related to professional services,including: properties intended for residential or habitational 1. The preparing, approving, failing to occupancy(other than apartments). prepare or approve, maps, designs, igns,shop drawings, opinions, reports, surveys, WAIVER OF SUBROGATION: field orders, change orders, or drawings We waive any right of recovery, when required and specifications;and by written contract, that we may have against 2. Supervisory, inspection,architectural or the person or organization shown in the engineering activities. Certificate of Insurance because of payments we make for injury. Endorsement LOCATION OF JOB: EFFECTIVE DATE: 09/01/2014 The job location must be within the State of domicile of the named insured, or within any Endorsement contiguous State thereto. EXPIRATION DATE: 09/01/2011 CG 20 10 Blanket Additional Insured 02 10 R Page 1 of 1 Includes copyrighted material of insurance Services Office,Inc.,with its permission ""REPRINTED FROM THE ARCHIVE.THEORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS'^• lns.uME`ce COMMERCIAL AUTO CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED Paragraph 2.b. of the CANCELLATION Common SECTION li —LIABILITY COVERAGE — A.I. WHO Policy Condition is replaced by the following: iS AN INSURED provision is amended by the addition of the following: b, 60 days before the effective date of cancellation if we cancel for any other reason. e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- TEMPORARY SUBSTITUTE AUTO — PHYSICAL ance is an "insured", subject to the following DAMAGE COVERAGE additional provisions: Under paragraph C. — CERTAIN TRAILERS, MO- (1) The insured contract" must be in effect BILE EQUIPMENT AND TEMPORARY SUBSTITUTE during the policy period shown in the Decla- rations, of SECTION 1 - COVERED AUTOS, the rations,and must have been executed prior € following is added: to the bodily injuryor property damage". (2) This person or organization is an insured" If Physical Damage coverage is provided by this Coy- only to the extent you are liable due to your erage Form, then you have coverage for: ongoing operations for that insured,whether the work is performed by you or for you, and Any "auto" you do not own while used with the per- only to the extent you are held liable for an mission of its owner as a temporary substitute fora "accident" occurring while a covered "auto" covered "auto" you own that is out of service be- is being driven by you or one of your em- cause of its breakdown, repair, servicing, "loss" or ployees. destruction. (3) There is no coverage provided to this person or organization for `bodily injury" to its em- BROAD FORM NAMED INSURED ployees, nor for "property damage" to its SECTION It —LIABILITY COVERAGE — A.1-WHO property. IS AN INSURED provision is amended by the addition (4) Coverage for this person or organization of the following: shall be limited to the extent of your negli- gence or fault according to the applicable d. Any business entity newly acquired or formed by principles of comparative negligence or fault. you during the policy period provided you own (5) The defense of any claim or suit" must be 50% or more of the business entity and the tendered by this person or organization as business entity is not separately insured for soon as practicable to all other insurers Business Auto Coverage. Coverage is extended which potentially provide insurance for such up to a maximum of 180 days following acquisi- claim or "suit". tion or formation of the business entity,Coverage under this provision is afforded only until the end of the policy period. Includes copyrighted material of insurance Services Office, Inc„ with its permission. Copyright, Insurance Services Office, Inc., 1997 safoco and Iiia safaco foga ata ragisterod ndomarks of safeco corporation CA 7110 03 07 Page 1 of 6 EP i I ""REPRINTED FROM THE ARCHNE.THE ORIGINAL TRANSACTION MAY INCLUDEADOITI0NAL FORMS "•' (6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE lesser of: A. SECTION III — PHYSICAL DAMAGE COVER- (a) The coverage and/or limits of this policy; AGE, A.A. COVERAGE EXTENSIONS, is or amended by adding the following: (b) The coverage and/or limits required by c. Personal Effects Coverage the "insured contract". For any Owned "auto" that is involved in a (7) A person's or organization's status as an covered "loss", we will pay up to $500 for `insured" under this subparagraph d ends `personal effects" that are lost or damaged when your operations for that `insured" are as a result of the covered "loss", without completed. applying a deductible. EMPLOYEE AS INSURED EXTRA EXPENSE —BROADENED COVERAGE Under Paragraph A. of Section lI —LIABILITY COV- Paragraph A. — COVERAGE of SECTION III — ERAGE item f, is added as follows: PHYSICAL DAMAGE COVERAGE is amended to add: Your "employee" while using his owned "auto",or an "auto" owned by a member of his or her household, 5. We will pay for the expense of returning a stolen in your business or your personal affairs,provided you covered "auto"to you. do not own,hire or borrow that "auto".This coverage is excess to any other collectible insurance coverage. AIRBAG COVERAGE FELLOW EMPLOYEE COVERAGE Under paragraph S. -- EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is Exclusion 5. FELLOW EMPLOYEE of SECTION 11 — added: LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. However, this exclusion does not apply if the "bodily injury" results from the use of a covered "auto"you NEW VEHICLE REPLACEMENT COST own or hire, and provided that any coverage under this provision only applies in excess over any other Under Paragraph C — LIMIT OF INSURANCE of collectible insurance. Section Ili — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: BLANKET WAIVER OF SUBROGATION 2. An adjustment for depreciation and physical con- We waive the right of recovery we may have for pay- dition will be made in determining actual cash merits made for "bodily injury" or "property damage" value in the event of a total loss.However, in the on behalf of the persons or organizations added as event of a total loss to your "new vehicle" to "insureds" under Section 11 --LIABILITY COVERAGE which this coverage applies, as shown in the — A.I.D. BROAD FORM NAMED INSURED and declarations,we will pay at your option: A.'t.e.BLANKET ADDITIONAL INSURED. a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- PHYSICAL DAMAGE -- ADDITIONAL TRANS- cluding any insurance or warranties pur- PDRTATION EXPENSE COVERAGE chased; The first sentence of paragraph A.4. of SECTION IN b. The purchase price, as negotiated by us, of PHYSICAL DAMAGE COVERAGE is amended as a new vehicle of the same make,model and follows: equipment, not including any furnishings, parts or equipment not installed by the We will pay up to $50 per day to a maximum of manufacturer or manufacturer's dealership. $1,500 for temporary transportation expense incurred if the same model is not available pay the by you because of the total theft of a covered 'auto" purchase price of the most similar model of the private passenger type. available; Page 2 o<6 I ""REPRINTED FROM THE ARCHIVE.THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS t c. The market value of your damaged vehicle, a. Actual cash value of the damaged or stolen not including any furnishings, parts or equip- property as of the time of the "loss", less an ment not installed by the manufacturer or adjustment for depreciation and physical manufacturer's dealership. condition;or This coverage applies only to a covered "auto" b. Balance due under the terms of the loan or of the private passenger, light truck or medium lease that the damaged covered "auto" is truck type (20,000 lbs or less gross vehicle sub)ect to at the lime of the "loss", less any weight) and does not apply to initiation or set up one or all of the following adjustments: costs associated with loans or leases. (1) Overdue payment and financial TWO OR MORE DEDUCTIBLES penalties associated with those payments as of the date of the Under SECTION 111 — PHYSICAL DAMAGE COV- "loss". ERAGE, if two or more "company" policies or cover- (2) Financial penalties imposed under a age forms apply to the same accident, the following lease due to high mileage, exces- applies to paragraph D. Deductible: sive use or abnormal wear and tear. a. If the applicable Business Auto deduct- (3) Costs for extended warranties, Cre- ible is the smaller (or smallest) deduct- dit Life Insurance, Health, Accident ible it will be waived;or or Disability Insurance purchased b. If the applicable Business Auto deduct- with the loan or lease. 'able is not the smaller (or smallest) de- (4) Transfer or rollover balances from ductible it will be reduced by the amount previous loans or leases. of the smaller (or smallest) deductible; (5) Final payment due under a "Balloon or Loan". c. If the loss involves two or more Busi- I (6) The dollar amount of any ness Auto coverage forms or policies un-repaired damage that occurred the smaller (or smallest) deductible will prior to the "total loss"of a covered be waived. "auto". For the purpose of this endorsement (7) Security deposits not refunded by a "company" means: lessor. a. Safeco Insurance Company of America (8) All refunds payable or paid to you b. American States Insurance Company as a result of the early termination c. General Insurance Company of America of a lease agreement or any war- rarity or extended service agree- d. American Economy Insurance Company ment on a covered "auto". i e. First National Insurance Company of (9) Any amount representing taxes. America (10) Loan or lease termination fees f. American States Insurance Company of Texas GLASS REPAIR —WAIVER OF DEDUCTIBLE g. American States Preferred Insurance Under paragraph D. — DEDUCTIBLE of SECTION III Company — PHYSICAL DAMAGE COVERAGE, the following is h. Safeco Insurance Company of Illinois added: LOANILEASE GAP COVERAGE No deductib)e applies to glass damage if the glass is repaired rather than replaced. Under paragraph C — LIMIT OF INSURANCE of SECTION Ill — PHYSICAL DAMAGE COVERAGE, AMENDED DUTIES IN THE EVENT OF ACCI- the following is added: DENT, CLAIM, SUIT OR LOSS 4. The most we will pay for a total "loss" in any one The requirement in LOSS CONDITION 2.a. — %ccident" is the greater of the following,subject DUTIES 1N THE EVENT OF ACCIDENT, CLAIM, to a$1,500 maximum limit: SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 03 07 Page 3 0i 6 EP REPRINTED PROM THEARCHIVE.THEORIGINAL TRANSACTION MAY INGWOEAOORIONAL FORMS-' ' "accident" applies only when the "accident"is known deductible and excess provisions, we will provide I to: coverage equal to the broadest coverage applicable (1) You, ii you are an individual; to any covered "auto"you own. I (2) A partner, if you are a partnership;or HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE (3) An executive officer or insurance manager,if you are a corporation. SECTION 111 — PHYSICAL DAMAGE AA.b. Form does not apply. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Subject to a maximum of$1,000 per accident, we will cover loss of use of a hired "auto" if it results from SECTION IV — BUSINESS AUTO CONDITIONS — an accident, you are legally liable and the lessor in- B.2.is amended by the addition of the fallowing: curs an actual financial loss. If you unintentionally fail to disclose any hazards ex- RENTAL REIMBURSEMENT COVERAGE isting at the inception date of your policy, we will not A We will pay for rental reimbursement expenses deny coverage under this Coverage Form because of incurred by you for the rents! of an "auto" be such failure. However, this provision does not affect cause of a covered "loss" to a covered "cute"_ I our right to collect additional premium or exercise our Payment applies in addition to the otherwise ap- right of cancellation or non-renewal. plicable amount of each coverage you have on a HIRED AUTO - LIMITED WORLD WIDE COVER- covered "auto", No deductibles apply to this AGE coverage. B. We will pay only for those expenses incurred Under Section IV — Business Conditions, Paragraph during the policy period beginning 24 hours after B.7.b.e(1) is replaced by the following: the "loss" and ending, regardless of the policy's (1) The "accident" or "loss" results expiration,with the lesser of the following number ifrom the use of an "auto" hired for of days: 30 days or less. 1. The number of days reasonably required to i repair or replace the covered "auto". If RESULTANT MENTAL ANGUISH COVERAGE "loss" is caused by theft, this number of days is added to the number of days it takes SECTION V—DEFINITIONS -- C.is replaced by the to locate the covered "auto" and return it to following: you. "Bodily injury" means bodily injury, sickness or dis- 2. 30 days. ease sustained by a person including mental anguish C. Our payment is limited to the lesser of the fol- or death resulting from any of these. lowing amounts: HIRED AUTO PHYSICAL DAMAGE COVERAGE 1, Necessary and actual expenses incurred. If hired "autos" are covered "autos"for Liability cov- 2. $50 per day. erage and if Comprehensive, Specified Causes of D. This coverage does not apply while there are Loss or Collision coverages are provided under this spare or reserve autos"available to you for your I Coverage Form for any "auto" you own, then the operations. Physical Damage Coverages provided are extended to "autos"you hire or borrow. E. if "loss" results from the total theft of a covered auto" of the private passenger type, we will pay The most we will pay for loss to any hired "auto" is under this coverage only that amount of your $50,000 or Actual Cash Value or Cost of Repair, rental reimbursement expenses which is not al- whichever is smallest, minus a deductible. The de- ready provided for under the PHYSICAL DAM- ductible will be equal to the largest deductible appli- AGE COVERAGE Coverage Extension. cable to any owned "auto" of the private passenger F. The Rental Reimbursement Coverage described or light truck type for that coverage. Hired Auto Phy- sical Damage coverage is excess over any other col- above does not apply to a covered "auto" that is lectible insurance. Subject to the above limit, described or designated as a covered "auto" an Page A o!6 i •""REPRINTED FROM THE ARCHIVE.THEORIGINAL TRANSACTION MAY INCLUDPADMIONAL FORMS i Rental Reimbursement Coverage Form the manufacturer for the installation of a CA 99 23. radio. AUDIO, VISUAL AND DATA ELECTRONIC C. Limit of Insurance EQUIPMENT COVERAGE With respect to this coverage, the LIMIT OF IN- A. Coverage SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. We will pay with respect to a covered "auto" 1. The most we will pay for "loss" to audio,vi- for "foss" to any electronic equipment that sual or data electronic equipment and any receives or transmits audio, visual or data accessories used with this equipment as a signals and that is not designed solely for the result of any one "accident"is the lesser of: reproduction of sound.This coverage applies only if the equipment is permanently installed a. The actual cash value of the damaged in the covered "auto" at the time of the or stolen property as of the time of the "loss"or the equipment is removable from a 'loss";or housing unit which is permanently installed ! in the covered "auto" at the time of the b" The cost of repairing or replacing the j "toss", and such equipment is designed to damaged or stolen property with other be solely operated by use of the power from property of Eike kind and quality. the "auto's"electrical system,in or upon the c. $1,000. covered "auto". 2. An adjustment for depreciation and physical 2. We will pay with respect to a covered "auto" condition will be made in determining actual for "loss" to any accessories used with the cash value at the time of the "loss". electronic equipment described in paragraph 3. If a repair or replacement results in better A.I.above. than tike kind or quality, we will not pay for However, this does not include tapes, the amount of the betterment. records or discs. D. Deductible 3. If Audio, Visual and Data Electronic Equ€p- ment Coverage fomt CA 99 60 or CA 9914 1. If "loss" to the audio, visual or data elec- is attached to this policy,then the Audio,Vi- ironic equipment or accessories used with sual and Data Electronic Equipment Cover- this equipment is the result of a "loss"to the age described above does not apply. covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- B. Exclusions sion Coverage,then for each covered "auto" The exclusions that apply to PHYSICAL DAM- our obligation to pay for, repair,return or re- AGE COVERAGE, except for the exclusion relat- place damaged or stolen property will be re- ing to Audio, Visual and Data Electronic duced by the applicable deductible shown in Equipment, also apply to this coverage. In addi- the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations tion, the following exclusions apply: does not apply to "loss"to audio,visual or We will not pay for either any electronic equip- data electronic equipment caused by fire or ment or accessories used with such electronic lightning. equipment that is; 2. If "loss" to the audio, visual or data eiec- ! 1. Necessary for the normal operation of the Ironic equipment or accessories used with I covered "auto" for the monitoring of the this equipment is the result of a "loss"to the i covered "auto's" operating system;or covered "auto" under the Business Auto 2. Both: Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our a. an integral part of the same unit housing obligation to pay for, repair,return or replace any sound reproducing equipment de- damaged or stolen property will be reduced signed solely for the reproduction of by a$100 deductible. sound if the sound reproducing 3, If "loss" occurs solely to the audio,visual or equipment is permanently Installed In data electronic equipment or accessories the covered "auto"; and used with this equipment,then for each cov. b. permanently installed in the Opening of ered "auto" our obligation to pay for, repair, the dash or console normally used by CA 71 10 03 07 Page 5 of 6 F-Q •'•'REPRINTED FROM THEARCHIVE.THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS '"' return or replace damaged or stolen property SECTION V --DEHNITIDNS is amended by adding will be reduced by a$100 deductible. the following: 4. In the event that there is more than one ap- Q. "Personal effects" means your tangible plicable deductible, only the highest deduct- property that is worn or carried by you, ex- ible will apply. In no event will more than one cept for tools,jewelry, money, or securities, deductible apply. R. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. I I I i I Page S of 6 i Ubf];JIZU I I 14:bb murray&murray insurance Agency (FAX)B05 9257210 P-0021005 ACQ6DOP ID zM DATE(MMMUA "-Y CERTIFICATE OF LIABILITY INSURANCE APODA-1 0818/11 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Murray & Murray Insurance Agcy ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0598871 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 550-1) East Betteravia Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Maria CA 93454 Phone. 805-925-8607 Fax:BDS-928-7210 j INSURERS AFFORDING COVERAGE MAIC INSURED INSURER A: Parte rs SPOMiality Group LLC Apodaca Paving Inc. INSURERS: Eagle West Insurance Co. Attn: Marc Apodaca. & Michael Apodaca INSURER C: Travelers Ins. Co. P.O. Box IINSURER D; Grover Beach CA 93483 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTINtTHSTANDiNG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUSJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMM rm LK 11$ PIRATION LTR NS TYPE OF INSURANCE POLICY NUMBER DATE(MIAIDOrro 6130 DATE(MMIDDffn LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 COM L)AMt I U htN I M) A X X MERCIAL GENERAL LIABILITY NAX000475/1000 10/19/10 10/19/11 PREMISES A" � a � occureLce) _ $ 100,000 CLAIMS MADE I ril I OCCUR I MED EXP(Any one person) sEXCLUDED PERSONAL&ADV INJURY $1.,000,000 GENERALAGGREGATE s2,000,000 IGE L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,()00,000 POLICYPRO- LOC _)ECT F AUTOMOBILE UASIUTY SI B ANY AUTO Bl-BAA-2-015694 10/19/10 10/19/11 (Es accidCOMBIN20enl) NGLE LIMIT $ 1,000,000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS jP8rPVr5Dn) X_ HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY,. AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION S S WORKERS COMPENSATION AND -ITOWRWIIM9 11 ER EMPLOYERS'LIABILITY ANY PROPRIETORIPARTIN M- EXeCUTIVZ E,L.EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? E.L,DISEASE-EA EMPLOYEEI If yes,describe tinder SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER C Property Coverage 660-309M4571 10/19/10 10/19/11 Equipment $150,000 i I t BPP $20,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Atascadero, its officers, officials, employees & volunteers area, named as additional Insured per Endorsement CG 20 10 11 85 & Primary per NX GL 009 08 09 attached Re: old Morro Road Landslide Repair, Old Morro Road, Atascadero, CA CERTIFICATE HOLDER CANCELLATION CITyOFA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL, City of Atascadero IMPOSE NO OBUGAT;ON OR LIABILITY OF ANY KIND UPON THE INSURER,IT A OR 6907 El Camino Peal Atascadero CA 93422 REPRESENTATrVES. A AUTHORIZED REPRESENTATIVE Mark H. Evans ArnRn 25(21]nimm 5120 11 14:57 hurray&Murray insurance Agency (FAX)S05 9237210 P.0031005 POLICY NUMBER: NAX000475/1000 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: This endorsement applies to commercial work only as required by written contract. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) 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"for that insured by or for you. CG 2010 11 85 D ISO Properties, Inc,, 2000 Page 1 of 1 El 0811812011 14:57 Murray &Murray Insurance Agency (FAX)IBO 5 9287210 P.0041005 POLICY NUMBER, NAX000475/1000 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provded under the following- COMMERIIIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: As required by written contract (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4.of SECTION IV.COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following,- 4. Other Insurance: With respect to the Third Party shown above,this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy,shall I in no instance be considered as primary,co-insurance,or contributing Insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page I of I Includes copyrighted material of Insurance Services Office, Inc.,with its permission 81.2011 14:57 Murray&Murray insurance Agency (FAX)BO 5 9287210 PA51005 CERTHOLDER COPY SL A • P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-18-2011 GROUP. 000713 POLICY NUM13ER: 0034475-2010 CERTIFICATE 10: 30 CERTIFICATE EXPIRES- 10-01-2011 10-01-2010/10-01-2011 CITY OF ATASCADERO SL JDB:DLD MORRO ROAD LANDSLIDE REPAIR 6907 EL CAMINO REAL OLD MORRO ROAD, ATASCADERO, CA ATASCADERO CA 93422-4206 This is to certify that we have issued a valid Workers' Compensation insurance policy In 2 form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. F - tA,th7.,, .d Representative President and CEO EMPLOYER/S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE, ENDORSEMENT #1600 - APODACA, MICHAEL PRESIDENT,TREASURER - EXCLUDED. EMPLOYER APODACA PAVING INC. SL PC BOX 1 GROVER BEACH CA 93483 pio'sq PRINTED : 08-18-2011 FNON7TNSFErl� ,jai .. /�,�+ GALE .'..CIT:I '.:OF AI,ASCALJ,��� EsOSTEWCC7WSPECiJf3U5�PLACE 16058 BUSINESS.LiCEWSE'. G E'�T[FIGI TE;OF;UC,C€IF? NCY> ACCOUNT NUMBER 6500 PALMA.-AVENUE,ATASCR[3ERE);:.GA:93s122`.. .. 96058 EY.r fRATIbN EF!EG T731E i3 ATE S7A'E L(G`1 NS]E:EIO., a 12131/2019 12/17/201 f1 s ::. :.. 7:68787 { i"YPt-OF BUS NCS5 � ¢ Con#ractor.:: CONTACT(S) ` + �'r?J!f(•` E e1� .I BUSINESS NAPM-." 4v1A # Swr ZEREX: A1/AT4N:G AT'iN: MARK&:CfhbW � ITZ-Fr' F'!RE DIEP'T. MAILING 210.CQW.444 AL)aUV PL:' ..:. ... :OCC: ADDRESS PASO:ROBL.S CA: 9344-"61T:' CONST: PIRE'SPRINKLERS: N©N-47C-FUfVpABLE f J