HomeMy WebLinkAboutB- 6 Contract Civiltec Eng. 07-24-06CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES
DATE: JULY 24, 2006
SUBJECT: PROFESSIONAL SERVICES CONTRACT WITH CIVILTEC ENGINEERING, INC. TO
PERFORM INSPECTION SERVICES ON THE ROSEDALE WATER RESERVOIRS
AND WATER PUMP STATIONS
RECOMMENDATION
It is recommended that the City Council approve a Professional Services Contract in the
amount of $180,000 to Civiltec Engineering to provide inspection services on Rosedale
development water reservoirs and pump stations.
BACKGROUND
The construction of water facilities for the Rosedale development is being funded by the
developer, Azusa Land Partners (ALP), and the City will be reimbursed by ALP for the majority
of costs associated with the inspection of the construction of the Rosedale water facilities.
Ten consultants were requested to submit letter proposals for this project, and three
consultants responded: Civiltec, $180,000; SA Associates, $265,000; and Willdan, $229,920.
The inspection services to be provided by Civiltec include inspection of the construction of
the 1023 Reservoir, 890 Reservoirs, 1023 Pump Station, and Sierra Madre Pump Station.
Inspection of these water facilities requires specialized inspection skills and experience which
Civiltec possesses. According to the Development Agreement between the City and ALP,
approximately 72% of the cost associated with the 890 Reservoirs' construction will be borne
by the City, including a portion of the cost of this inspection services contract.
FISCAL IMPACT
The fiscal impact of this contract is $180,000. Initial funding will be provided from approved
Capital Improvement Budget account 32-80-000-721/72104D-6625-7145; ALP will provide
partial reimbursement such that net fiscal impact on the City will be about $39,000.
Prepared by: Chet F. Anderson, Assistant Director- Water Operations
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
CONSTRUCTION INSPECTION SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 2-7 ' day of � Q �--y , 2006 by
and between the City of Azusa, a municipal organization organized under the laws of the State
of California with its principal place of business at 213 East Foothill Boulevard, Azusa,
California 91702-1295 ("City") and CIVILTEC ENGINEERING, INC a CORPORATION
with its principal place of business at 118 W. Lime Avenue, Monrovia, CA 91016
("Consultant"). City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing construction inspection
services to public clients, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such services for the Rosedale Development
Project — reservoirs and pump stations construction inspection ("Project") as set forth in this
Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 Genet ai Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional construction inspection consulting
services necessary for the Project ("Services"). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from July 25, 2006, to June
30, 2007, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2. Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Randy J. Hurst.
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3.2.5 City's Reyreseiitative. The City hereby designates Chet F. Anderson, or
his or her designee, to act as its representative for the performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Consultant shall not accept direction or orders from any person
other than the City's Representative or his or her designee.
3.2.6 ConsuItant's Representative. Consultant hereby designates David
Byrum, or his or her designee, to act as its representative for the performance of this Agreement
("Consultant's Representative"). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of 1;m la ees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub -consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Re ulaticiis. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
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Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Ulimmum Limits of Insurance. Consultant 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
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability.
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3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Emi2loyers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
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3.2.10.6 Deductibles and Self -Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses'and related investigation costs, claims and administrative and defense
expenses.
3.2.10.7 Accotability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in .compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 'Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed One hundred eighty thousand dollars ($180,000.00) without written approval
of City's Utility Board/City Council. Extra Work may be authorized, as described below, and
if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Pa ment of Compensation. Consultant shall submit to City a monthly
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itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et s_g., as well as California Code of Regulations,
Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects. If the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Consultant's
principal place of business and at the project site. Consultant shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
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3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
City:
Civiltec Engineering, Inc.
113 Lime Avenue
Monrovia, CA 91016
Attn: David Byrum, P.E.
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: Chet F. Anderson
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensing of Intellectual Pro ert . This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require
all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation, Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
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officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses. Consultant shall
defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant
shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for
any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.13 Construction; References; _Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
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work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalid 11 y; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.19 Equal QM)oqunity EmployMent. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Libor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
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employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF AZUSA
By: .Gk 14t By:
Francis M. DeLach
City Manager
Attest:&2n'�14�
City Clerk
Approved as to Form:
A
Bestest & Krieg LLP
City A orney
12
CIVILTEC ENGINEERING, INC.
David Byrum
Vice President
EXHIBIT "A"
SCOPE OF SERVICES
TWO PAGES ATTACHED FOLLOWING THIS PAGE
elrigineering ine.
General Civil, Municipal, Water and Wastewater Engineering, Planning
Construction Management and Surveying
Monrovia Prescott Phoenix
July 5, 2006
City of Azusa
Light and Water Department
729 North Azusa Avenue
U AP.O. Box 9500
H t y ,•, A t E N Azusa, CA 91702
For Quality ofLife
Attention: Chet Anderson, P.E., Assistant Director of Utilities - Water Operations
Subject: Proposal to Provide Inspection Services for the 890 and 10234 Reservoirs, 1023
Pump Station and Sierra Madre Pump Station.
Dear Mr. Anderson:
The City of Azusa and the Azusa Land Partners are constructing new reservoirs and pump
stations is conjunction with the construction of the new Rosedale development. It is anticipated
the services will begin in July 2006 and last for one full year. Based upon this duration and an
average of 10 hours per day, we estimate the construction observation will require approximately
2400 inspection hours.
Our scope of services to complete the inspection services includes the following.
SCOPE OF SERVICES
A. Provide full time inspection of construction work to assure quality of construction and
adherence to specifications, drawings, and submittals. Inspection will be provided as
needed estimated to require 10 hours per day average, each day the work is being
executed. We will document daily work progress with written logs and photographs, as
required. We anticipate one inspector will be able to handle all four projects
simultaneously, but we have added some time for part time inspection by a second
inspector on high volume days.
B. Manage requests for change orders by the Contractor. Provide requests for change orders
with documentation to the Azusa Land Partners for review and recommendations.
Implement changes as required and directed by the Azusa Land Partners.
C. Monitor and collect test data for soils and compaction, concrete, paint, welding and other
data as available. The actual testing work will be performed by others.
118 West Lime Avenue Monrovia, CA 91016 TEL: (626) 357-0588 FAX: (626) 303-7957
City of Azusa
Mr. Chet Anderson, P.E.
Proposal to Provide Inspection Services]
July 5, 2006 e;1gineerilig hic.
Page 2
D. Maintain record drawings in the field indicating any changes in the design, materials,
dimensions and details. Provide red lined "as -built" drawings to the City and Azusa Land
Partners.
E. Prepare a "punch list" of all items to be completed by the Contractor to obtain final
completion. Keep the City appraised of any potential field issues. Insure items are
completed.
F. Arrange and conduct the final inspection and start-up coordination work with the
contractors and City prior to the new facilities being placed into service. Final inspection
to be witnessed by City.
BUDGET FOR INSPECTION SERVICES
Civiitec• proposes to provide the Scope of Services presented herein on a time and materials basis
per the attached rate schedule at the following guaranteed -not -to -exceed amount. Any additional
services requested by City will be completed on the same basis.
Inspection - 2400 hours @ $75.00 per how - $180,000.00
CLOSING REMARKS
CIVIL TEC engineering, inc. is committed to supporting this project with the best technical and
personnel resources at its disposal. We appreciate the opportunity to submit a proposal for this
project and look forward to assisting the City of Azusa in the successful completion of this
important construction project. Please contact the undersigned directly with any questions.
Very truly yours,
CIVIL TEC engineering ine-
W. David Byrum, P.E.
Vice -President
WDB:dmd
J:\2006\Proposa1s\P06030- Azusa Reservoir Inspeetioadoc
EXHIBIT "B"
SCHEDULE OF SERVICES
Construction inspection of Rosedale Development water storage reservoirs, pump stations, and
related contractor activities; coordination of testing services; serve as liaison between Contractor,
Developer, and Azusa Water; check materials for conformance with shop drawings; interpret
plans and specifications; measure quantities for payment; recommend field change orders; keep
as -built drawings; keep daily activity records; and deal with the public as necessary during the
course of the work. Inspection services will be provided 8 hours daily for the fiscal year from
July 25, 2006 to June 30, 2007.
EXHIBIT "C"
COMPENSATION
One construction inspector---- at an hourly rate of $75 per hour, for 8 hours of inspection per
work day for contract duration.
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C E:R T i F i .AT -E i : L B €.L.IT i .: ill U ! l l V L E I' :. Oate {mm7df 006
1111
Prod Michelle Mallon
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
Complete Insurance, Inc.
19000 MacArthur Blvd. PH Floor
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
Irvine CA 92612
--- -
INSURER United States Fidelity & Guaranty
A (c/o St. Paul Travelers, MN)
(949) 263-0606
www.Completelnsurance.com
INSURER Fidelity & Guaranty Ins. Co.
-
g c/o St. Paul Travelers, MN)
INSURER St. Paul Fire & Marine Ins. Co.
Civiltec Engineering, Inc.
C (c/o St. Paul Travelers. MN)
118 W. Lime Ave.
Monrovia CA 91016
INSURER
D
CO.VERAGIn
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE .MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY
- EFFECTIVE
MMIATE
POLICY
EXPIRATION
M DATE
LIMITS
A
GENERAL LIABILITY
7 COMMERCIAL GENERAL DAB
CLAIMS MADE OCCUR
BK02167357
1/1/2006
1/1/2007
EACH OCCURRENCE $
FIRE DAMAGE (Any7 fire) $
MED EXP (Any oneperson) $ UUL
PERSONAL & ADV INJURY $ 1.0 U,UUL
GENERAL AGGREGATE -.$
GEML AGG LI FAT APPLIES PER
PRODUCTS-COMP/OP AGG :$
$
POUCY 7PROJECTRLOC
13
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON•OWNED AUTOS
BA02168323
1/1/2006
111 /2007
COMBINED SINGLE LIMIT
$ 1,000,00(
BODILY INJURY
(PPI person) $
BODILY INJURY
(Per accident) :$
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC .$
AUTO ONLY: AGG S
ANY AUTO
j`
EXCESS LIABILITY
OCCUR [:].71 CLAIMS MADE
BK02167357
111/2006
1/1/2007
EACH OCCURRENCE S
AGGREGATE $
S
$
DE DUCT/ BLE
RETENTION $
Is
WORKERS' COMPENSATION &
STATUTORY LIMIT THE .:<•:.t :>
EL EACH ACCIDENT $
EMPLOYERS' LIABILITY
BW02167354
1/1/2006
1/1/2007
ELDISEASE - EA EMPLOYEE $
EL DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCL.USIONS ADDED BY ENDORSEMENTISPECiAL PROVISIONS
Certificate Halder is Additional Insured as respects General Liability & Auto Liability but only if required by written
contract with the Named Insured pprior to an occurrence & as per coverage form CUBF26090903 & Endt. form CUCA99090895.
Waiver of Subrogation Endt. WC040306 included as respects Work Comp. Coverage subject to all policy terms & conditions.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Cittyy of Azusa,
Light and Water Department
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL x)w MAIL
30- -DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION
OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE-
PO Box 9500
Azusa CA 91702-9500
SENTATIVES. • 10 ❑a s for Non-PaymaM of Premium
AUTHORIZED
REPRESENTATIVE y
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Allcia K. In ram ff
1/11/2006
ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT
THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
INSURED: Civiltec Engineering, Inc. United States Fidelity & Guaranty
(c/o St. Paul Travelers, MN)
POLICY NUMBER: BK02167357
POLICY PERIOD: 1/1/2006 To 1/1/2007
ADDITIONAL INSURED: City of Azusa,
Light and Water Department PO Box 9500
Azusa CA 91702-9500
This summary endorsement modifies insurance provided under the following:
Additional Insured: The following is added to Section H.
WHO IS AN INSURED:
Any person or organization that you agree to add as an insured
under this Liability Coverage Part is a written contract or
agreement that is made before, and in effect when, the "bodily
injury' or "property damage" occurs or the offense that causes
the "personal injury' or "advertising injury' is first committed,
but only with respect to that person's or organization's ability
arising out of "your work" for that person or organi=ion.
However, such person or organization is not an insured with
respect to any:
(1) "Bodily injury'', "property -'damage", "personal injury' or
"advertising injury" that does not arise out of: (a) Your
negligence; or (b) The negligence of another person or
organization for whom you are liable;
(2) `Bodily injury', "property damage", "personal injury' or
"advertising injury" for which such person or organization has.
assumed liability in a contract or agreement, except for liability
for damages that such person or organization would have in the
absence of the contract or agreement;
(3) "Property damage" to: (a) Property owned, uscd or occupied
by, or loaned or rented to such person or organization; (b)
Property over which such person or organization is for any
purpose exercising physical control; or (c) "Your work"
performed for the insured; or
(4) "Bodily injury'', "property damage", "personal injury" or
"advertising injury" arising out of any architect's, engineer's or
surveyor's rendsfing of, or failure to render, any "professional
service", when such person or organization is an architect,
engineer or surveyor.
Aggregate Limit of Insurance (Per Project):
The General Aggregate Limit applies separately to each of your
projects away from premises owned by or rented to you.
Notice of Cancellation:
We may cancel this policy by ailing (first class mail only) or
delivering written notice of cancellation at Imst
a. 10 days before the effective date of cancellation if we cancel
for non-payment of premium; or
b. 30 days before the effective date of cancellation if we cancel
for any other reason.
Other Insurance: The following replaces SECTION
IV.Conditions, 5. "Other Insurance", a. Primary Insurance, (2):
(2) However, this insurance will be considered primary to, and
non-contributory with, "other insurance" issued directly to a
person or organization added as an additional insured under
Section U. WHO IS AN INSURED 2.; if you specifically agree,
in that written contract or agreement, that this insurance must be
primary to, and non-contributory with, such "other insurance".
This insurance will then be applied as primary insurance for
damages for "bodily injury'', "property damage", "personal
injuy" or "advertising injury' to which this insurance applies and
that are incurred by such person or organization., and we will not
share those damages with such "other insurance".
Separation of Insureds:
Except with respect to the Limits of Liability, and any rights or
duties specifically assigned in this Coverage Part to the First
Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Sepatately to each insured against whom claim is made or
"suit" is brought
Transfer of Rights of Recovery and Proceeds
Against Others to Us (Waiver of Subrogation):
The following is added to Section IV. Conditions, 8.:
However, we waive any right of recovery and proceeds we may
have against any person or organization that is added as an
Additional Insured under WHO IS AN INSURED, 2.:
a Because of payments we make for "bodily injury', "property
damage", "personal injury" or "advertising injury' arising out of
"your work" in ongoing operations or included in the "products -
completed operations hazard"; and
b. Performed under a written contract or agreement that is made
before, and in effect when, the "bodily injury" or "property
damage" occurs or the offense that causes the "personal injury"
or "advertising injury" is committed; and
c. You specifically agree in such written contract or agreement to
waive those rights of recovery and proceeds for such person or
organization.
Countersigned by Authorized Representative
CUBF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Printed in US -A.
pa=e(m>z;;dc
CERTIFICATE OF LIABILITY INSURANCE
du r Michelle Mallon THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
Complete Insurance, Inc. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
1 x000 M cArthBI d PH 1:1 COVERAGE AFFORDED BY THE POLICIES BELOW.
a ur v loor
I rvi ne CA 92612
(949) 263-0606
www.Coi-npletelnsurance.com
nsured
Civiltec Engineering, Inc.
J INSURER Continental Casualty Company j
jl A Co Victor O. Schinnerer EE
INSURER
6
INSURER
C
118 W. Lime Ave. INSURER
Monrovia CA 91016 D
-COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED I-01 HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS. EXCLUSIONS AND CON DITInNS nF SurH and IrlFC ArrPFr ATF I IRAITc 4zwnwhi AeAV LJA VE DEEM DEnIII"C'n DV DA rn rI Aie C
NSR
LTR
TYPE OF INSURANCE POLICY NUMBER
POLICY
EFFECTWE
DATE
MMIDD/YY
POLICY
EXPIRATION
DATE
MM/DD/YY
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL UAB
CLAIMS MADE DOCCUR
EACH OCCURRENCE $
FIRE DAMAGE (Any I fire) $
MED EXP ( oneperson) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGG LIMIT APPLIES PER
POLICY PROJECT LOC
PRODUCTS-COMP/OP AGG $
g
AUTOMOBILE
LIABILITY.
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT $
BODILY INJURY
(Per Pin) $
BODILY INJURY
(Per accident) $
PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY
OCCUR FICLAIMS MADE
DEDUCTIBLE
RETENTION $
EACH OCCURRENCE $
.AGGREGATE :$
$
;$
$
WORKERS' COMPENSATION &
EMPLOYERS' LIABILITY
STATUTORY LIMIT )OTHER;-'- ` ..
EL EACH ACCIDENT $
EL DISEASE - EA EMPLOYEE $
EL DISEASE - POLICY LIMIT $
4
Professional Liab.
AEA006095590
1/1/2006
1/1/20071,000,000
Per Claim
12,000,000 Aggregate
UEZ11L,KIrI ILIY Ur Ur•t1CHIILAV.y1LVL-A I IUIYWVk"$ULt SIt AC:LIJJIUlYS AUUEU BY ENUURSEMENT/SPECIAL PROVISIONS
30 Day Notice Endt. G138989 -A included - 10 day notice applies to non-payment
CER; IFICATE HOLDERCANC£IiwATtCuN
SHOULD ANY OF THE ABOVE DESCRtBtb POLICIES BE, CANCELLED BEFORE TETE
CI tY of Azusa, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Light and Water Department 3QDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION
OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE-
PO Box 9500 SENTATWES. ' 10 Das for Non -Payment of Premium
Azusa CA 91702-9500 AUTHORIZED
REPRESENTATIVE
Alicfa K. Ingram A
INSURED: Civiltec Engineering, Inc.
Policy Number: AEA006095590
Effective Date: 1/1/2006
PROFESSIONAL LIABILITY AND
POLLUTION INCIDENT LIABILITY
INSURANCE POLICY
ENDORSEMENT NOTICE
1/11/2006
NOTICE ENDORSEMENT — CANCELLATION or NON -RENEWAL
We agree with you that this Policy will not be:
® cancelled
non -renewed
until 30 days prior written notice is given to:
City of Azusa,
Light and Water Department
PO Box 9500
Azusa CA 91702-9500
All other provisions of the policy remain unchanged.
G -138989-A Page 1 of 1
(Ed. 5/00)
y F�
Countersigned by Authorized Representative
1/11/2006
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT s CALIFORNIA
This endorsement changes the policy to which it is attached and is effective on the date issued unless
otherwise stated.
This endorsement forms a part of:
Policy No. BW02167354 Endorsement Notice
of the St. Paul Fire and Marine Insurance Company NCCI Carrier Code 13706
Issued to:
Civiltec Engineering, Inc.
Policy Expiration Date:
Authorized Representative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 3% of the California workers' compensation premium
otherwise due on such remuneration.
SCHEDULE
Person or Organization
Anyone for whom the Named Insured has agreed to furnish this waiver.
Minimum Premium: $100.00
The premium for this coverage will be determined and billed at Audit.
WC 04 03 06 (Ed. 04 84) Printed in U.S.A.
Policy Number: BA02168323
Insured: Civiltec Engineering, Inc.
COMMERCIAL AUTO
1/11/2006
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART.
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the
endorsement.
SCHEDULE
Name of Person or Organization:
City of Azusa,
Light and Water Department
PO Box 9500
Azusa CA 91702-9500
A. WHO IS AN INSURED is amended to include as an "insured" the
person or organization shown in the
Schedule as an Additional Insured. The coverage
afforded to the Additional Insured is solely limited to liability
specifically resulting from the conduct of the famed
Insured which may be imputed to the Additional Insurpd.
However, the naming of the person or organization shown
in the Schedule as an Additional Insured does not increase or
alter the Limit of Insurance nor the scope of coverage of
this policy.
B. EXCLUSIONS
This insurance does not apply to:
1. "Bodily injury" or "property damage" for which the Additional
Insured is obligated to pay damages by reason of the assumption
of liability in a contract or agreement. But this exclusion does not
apply to liability for damages chat the Additional Insured would
CL/CA 99 09 08 95
have in the absence of the contract or agreement.
2. "Bodily injury" or "property damage" arising out of
the use of your "products" or work you performed for
the Additional Insured.
3. "Property damage" to:
a. Property owned, used or occupied by or
rented to the Additional Insured.
b. Property in the care, custody or control of
the Additional Insured for any purpose of
exercising physical control,
C. Any coverage provided by this policy shall be excess
only, over any other valid and collectible insurance which would
apply in the absence of [his policy. However, this policy shall not
be excess over any policy written as specific excess.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright, Insurance Services Office, Inc., 1993