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HomeMy WebLinkAbout1997-05-19 City Council (30)City of Palo Alto C ty Manager’s Report 2 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS AGENDA DATE: SUBJECT: MAY 19, 1997 CMR:240:97 APPROVAL OF CONTRACT WITH WEST COAST BUILDING SERVICES TO PERFORM RECYCLING SERVICES AT SPECIFIED CITY FACILITIES. REOUEST This is a request for approval of a contract with West Coast Building Services in the mount of $32,544 to perform recycling services for specified City facilities. RECOMMENDATIONS Staff recommends that Council: Approve and authorize the Mayor to execute the attached one year contract, with options to extend the term for up to two additional years, in an amount not to exceed $10,848 in the first year for recyclable materials collection services. Authorize the City Manager or her designee to negotiate and execute one or more change orders to the contract with West Coast Building Services. The value of all change orders shall not exceed $1,085 in each year of the contract’s term. Authorize the City Manager or her designee to exercise the options for extension of the second and third years in her discretion, in amounts not to exceed $10,848 in each such year, and execute any other documents necessary to implement the second and third years of the contract. _POLICY IMPLICATIONS The approval of this contract is consistent with existing policies. ’CMR:2A0:97 Page 1 of 3 EXECUTIVE SUMMARY Service Description In July 1993, the City entered into a contract to collect and transport recyelables from each floor of City Hall to a centralized location as part of the City’s Source Reduction and Recycling Element Plan. This service was expanded in 1996 to include specified locations at the Municipal Service Center. Work under this. contract includes collecting and transporting recyclable materials in offices from each floor at City Hall and specified locations at the Municipal Service Center. The materials collected include aluminum, glass, newspaper, white paper/computer paper, blueprint, cardboard, mixed paper, and styrofoam "peanuts." Selection Process Staff sent a request for proposals to thirty contractors on March 17, 1997. Contractors were given thirty-six days to respond to the request. A total of three contractors submitted proposals. Staff contacted most of the firms that did not submit proposals. Contractors not responding indicated that they did not submit a bid because the services requested exceed their scope of work, and others indicated conflicts with current work schedules. Bids ranged from a low of $32,544 to a high of $137,676. West Coast Building Services submitted the lowest proposal at $32,544. West Coast Building Services has supplied excellent recycling services to the City of Palo Alto since 1993. Staffhas reviewed all bids submitted and recommends that the lowest bidder, West Coast Building Services, be accepted and declared the lowest responsible bidder. The bid is 9 percent below the staff engineer’ s estimate of $36,000. The change order amount of $1,085 equals 10 percent of the yearly contract amount, and is requested for additional related unforeseen work which may develop during the project. ~___.8_CAL IMPACT Funds for this project are included in the FY 1997-98 Refuse Fund Operating Budget. ENVIRONMENTAL ASSESSMENT The City Council, on May 13, 1991, approved an environmental impact report (EIR) under the California Environmental Quality Act (CEQA) in connection with the City’s program for compliance with the California Integrated Waste Management Act. In approving the EIR, the Council considered the impacts of the attached contract. Therefore, supplemental or subsequent environmental review under CEQA is not required for the adoption of the contract. ATTACHMENTS A - Bid Summary B - Contract PREPARED BY:Russell Reiserer, Solid Waste Manager, Operations Division DEPARTMENT HEAD REVIEW: GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager CMR:240:97 Page 3 of 3 qqq 00 ATTACHMENT A ATTACHMENT B FORMAL CONTRACT PUBLIC WORK CONTRACT No. C (public work) City of Palo Alto This Contract, dated , is entered into by and between the City of Palo Alto, a chartered city and a municipal corporation of the State of California ("City"), and " ’ Services, Inc. (WCBS. Inc.), a " "" , ("Contractor"). For and in consideration of the covenants, terms, and conditions ("the provisions") of this Contract, City and Contractor ("the parties") agree: Term. This Contract shall commence and be binding on the parties on the Date of Execution of this ¯ Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. This Contract may be terminated for convenience by the City upon.ten (10) days’ prior written notice. General ScQ.De of Pro!ect and Work. Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfactionof City. The Project and Work is generally described as follows: Title of Project:._.B~.yrJJ]~ Services NO.: # 95774 Total Bid: ~. This Contract shall consist of the documents set forth below, which are on file with the City Clerk and are hereby incorporated by reference. For the purposes of construing, interpreting .and resolving inconsistencies between and among the provisions of this Contract, these documents and the provisions thereof are set forth in the following descending order of precedence. g. h. i. jo This Contract. Request For Proposal. Scope of Work (or Services).. Change Orders. Proposal and Bid. Instructions, Special Conditions, and Forms.’ Public Works Standard Drawings and Specifications (1992). Certificate of Insurance, Performance Bond. Other Specifications, or part thereof, not expressly incorporated, in Specifications or the Standard Drawings and Specifications (1992). the Contract Any other document not expressly mentioned herein which is issued by City or entered into by the parties. CITY of PALO ALTO: Recycling Services (Rev.3/97)SECTION 00500-1 of 8 FORMAL CONTRACT o City of Palo Alto ~. In consideration of Contractor’s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor’s Proposal/Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Contract Specifications and the Standard Drawings and Specifications (1992), or, if no time is stated, within thirty (30) Days of the date of receipt of Contractor’s invoices. JEl~Eag~. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Request For Proposal/Bid on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance .on Contractor’s personal property or the personal property of any person performing labor or services or supplying materials orequipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract. ~:DDJ:r~Jg~. Contractor agrees to protect, defend, indemnify and hold City, its Council members, officers, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising, in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful acts or the negligent acts or omissions of Contractor, or which results from Contractor’s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor’s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law may impose strict liability on Contractor in the performance of or failure to perform the provisions of this Contract, except as may arise from the sole willful acts or negligent acts or omissions of City or any of its Council members, officers, employees, agents or representatives. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter. To the extent Contractor will use hazardous materials in connection with the execution of its obligations under this Contract, Contractor further expressly agrees to protect, indemnify, hold harmless and defend City, its City Council members, officers and employees from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments City may incur, arising,-in whole or in part, in connection with or as a result of Contractor’s willful acts or negligent acts or omissions under this Contract, under the Comprehensive EnvironmentalResponse, Compensation and Liability Act (42 U.S.C. § § 9601-6975, as amended); the Resource Conservation and Recovery Act (42 U.S.C. § §6901-6992k, as amended); the Toxic Substances Control Act (15 U.S.C. §§2601-2692, as amended); the Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Safety Code, § §25300-25395, as amended); the Hazardous Waste Control Law (Health & Safety Code, § §25100-25250.25, as amended); the Safe Drinking Water and .Toxic Enforcement Act (Health & Safety Code, §§25249.5’-25249.13, as amended); the Underground Storage of Hazardous Substances Act (Health & Safety Code, § §25280-25299.7, as amended); or under any other local, state or federal law, statute or ordinance, or at common law. " . Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful, act or negligent act or omission of City or any of its Council members, officers, employees, agents or representatives. CITY of PALO ALTO: Recycling Services (Rev.3/97)SECTION 00500-2 of 8 FORMAL CONTRACT City of Palo Alto ~Y,~y_p~. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract. e 10. . Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials. J~.olg~. As a condition precedent to City’s obligation to pay compensation to Contractor, and on or before the Date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Request For Proposal/Bid. 11.Reoresentations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project-and Work, Contractor represents and warrants: Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor; Any materials and equipment which shall be used during the course and scope of th.e Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required; Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one (1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; d=Any manufacturer’s warranty obtained by Contractor shall be obtained or shall be deemed obtained by¯ Contractor for and in behalf of City. e=Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City; Contractor hasnot colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor’s Bid, except as may be permitted by the Request For Proposal; Contractor has the power and authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; h.Contractor has not made an attempt to exert undue influence with the Purchasing Manager or Project CITY of PALO ALTO: Recycling Services (Rev.3/97) ~.SECTION 00500-3 of 8 FORMAL CONTRACT City of Palo Alto Manager or any other person who has directly contributed to City’s decision to award the contract to Contractor; There ere no unresolved claims or disputes between Contractor and City which would materially affect Contractor’s ability to perform under the Contract; Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; k=Contractor and any person performing labor and services under this Project are duly licensed by the State of California as required by California Business & Professions Code Section 7028, as amended; and 12, Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site. ~sJgl]lZ~. This Contract and the performance required hereunder is personal to Contractor, and it shall not .be assigned by Contractor. Any attempted assignment shall be null and void. 13.~J~13~_~11~3[. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by contractor to City in writing by certified or registered mail within ten (10) Days after the claim arose or within such other time as may be permitted or required by law, and shall be described in sufficient detail to give adequate notice of the substance of the claim to City. 14. 15. ~J~J~._~. During the term of this Contract and for a period of not less than three (3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor’s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City. J~lgIJ£,~. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and sewed upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed within two (2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with (1), (2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission. To City:City of Palo Alto City Clerk 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 CITY of PALO ALTO: Recycling Services (Rev.3/97)SECTION 00500-4 of 8 FORMAL CONTRACT City o f Palo A/to Copy to:City of Palo Alto Department of 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 ¯ (415)-~ FAX: (415)-~. To Contractor: ATTN: Russ Reiserer, Project Manager West Coast Building Services. Inc~ (WCBS. Inc.) 990 Industrial Road - Suite 107 Post Office Box 6865 San Carlos. C/~ 9 -4~)]~_ (._4_1.~) 593-3000 FAX: (_4__!._5_) 593-3087 ATTN: Sergio Raddavero 16.. This Contract is subject to the fiscal provisions of Article III, Section 12 of the Charter of the City of Palo Alto. Any charges hereunder for labor, services, materials and equipment may accrue only after such expenditureshave been approved in advance in writing in accordance With applicable Laws. This Contract shall terminate without penalty (i) at the end of any fiscal year in the.event that funds are not appropriated for the following fiscal year, or (ii) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This Section 16 shall control in the event of a conflict with any other provision of this Contract. bt Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor’s bailee, and City is, therefore, not responsible-for any damage to the personal property of Contractor. Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. Co ¯Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. do eo Definitions. The definitions and terms set forth in Section 1 of the Standard Drawings and Specifications (1992) of this Contract are incorporated herein by reference. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract which directly results from an Act of God or an act of a superior governmental authority. CITY of PALO ALTO: Recycling Services (Rev.3/97)SECTION 00500-5 of 8 FORMAL CONTRACT City of Palo Alto Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. Incorporation of Documents. All documents constituting the Contract documents described in Section 3 hereof and all documents which may, from time to .time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. Integration. This Contract and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Contract. Modification of Agreement. This Contract shall not be modified or be binding upon the parties, unless such modification is agreed to in writing and signed by th~ parties. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or in behalf of Contractor or which authorizes Contractor to enter into this Contract. Severabiiity. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or une_nforceable, the provisions of this Contract not so affected shall remain in full force and effect. mo no Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. Time of the Essence. Time is.of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time-in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as legal holiday by City, the time for performance shall be extended to the following Business Day. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara in the City of San Jose or in the United States District Court for the Northern District of California in the City of San Jose. CITY of PALO ALTO: Recycling Services (Rev.3/97)SECTION 00500-6 of 8 " ¯ FORMAL CONTRACT City of Palo, Alto qo Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract. or arising out of this Contract may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party. IN WITNESS WHEREOF, the parties have by their duly appointed representatives executed this Contract in the City of Palo Alto, County of Santa Clara,. State of California on the date first stated above. ATTEST:CITY OF PALO ALTO: City Clerk APPROVED: City Manager Director of Public Works Director of Administrative Services By: Its: Mayor CONTRACTOR: Name: ~ ~/2 G-~ Title: Taxpayer I.D. No. (~ ~ =" Manager Contract Administation (for; Risk) APPROVED AS TO FORM: Senior Asst. City Attorney CITY of PALO ALTO: Recycling Services (Rev.3/97)SECTION 00500-7 of 8 FORMAL CONTRACT City of Palo Alto CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF On ~ " a notary public in an!;I ~ I C~ou~’nt~y’ ’ bef0re me’ " ~~LLL~~~j~ for said personally appeared # personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/ar.e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ~~{.~L°~(Seal) Corr~on # 1130863 Notary Public -- Californiasarao Oara Oounh, My Comnx Expires Apr 23, 2fl01 END OF SECTION CITY of PALO ALTO: Recycling Services (Rev.3/97)SECTION 00500-8 of 8 ACORD. PRODUCER CAL Insurance & Associates 2311 Taraval Street San Francisco CA 94116 CERTIFICATE OF LIABILITY INSURANC:F sR = OATE,M.v ~CBSZ-1 04/21 THIS CERTIFICATE IS ISSUED AS A MAI-rER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Scott Hauge Pho,eNo. 415--661--6500 FaxNo. 415--661--2254 INSURED WCBS, Inc. 990 Industrial Road #7 San Carlos CA 94070 COMPANYA Golden Eagle Insurance Company COMPANY B Fremont Comp. I~s. Co. CSMPAN¥C COMPANY O COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTVVITHSTANDING 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. co fLTR t TYPE OF iNSURANCE A A ~~ ERAL LIABILITY MERCIAL GENERAL LIABILrrY CLAIMS MADE J~ OCCUR ER’S S COb’TRACTOR’S PROT B ’ AUTOMOBILE LIABILITY "~ANY Abq’O x~~ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS , G~AGE LIABILITY ~A~Y AUTO EXCESS LIABILITY .~ UMBRELLA FORMOTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY THE PROPRIETOR/ PARTNERSR~XECUTIVE OFFICERS ARE: OTHER POLICY NUMBER l=POt.ICY EFFECTIVE !POLICY EXPIRATION ;LIMITSIDATE (MMIDD/YY)DATE (MMIDD/YY)~ ; GENERAL AGGREGATE CCP-561433-00 01/01/97 01/01/98 i PRODUCTS.COMPIOPAGG i PERSONAL & ADV INJURY t i EACH OCCURRENCE ! ! FIRE DAMAGE (Any one fire) I I MED EXP (Any one person) I i COMBINED SINGLE LIMIT CCP-461433-00 01/01/97 01/01/98 i BODILY INJURY ’ I (Per I:erson) CCP-461433-00 01/01/97 01/0.1/98 i BO01Ly INJURY ICCP-461433-00 01/01/97 01/01/98 [ (Pera¢cident) ! PROPERTY DAMAGE I i AUTO ONLY- EA ACCIDENT i I OTHER THAN AUTO ONLY: ;EACH ACCIDENT I AGGREGATE J ! EACH OCCURRENCE ~ AGGREGATE !I =WCSTATU- = !OT~- ~I = TORY LIM/TS !I E~ I L EL EACH ACCIDENT~INCL I NN9’7-689326-01 01/01/97 01/01/98 ! ELDISEASE.POLICYLIMIT EXCL I EL DISEASE. EA EMPLOYEE t DESCRIPTIONOFOPERATIONSILOCATIONSIVEHICLE$1SPECIALREM$ Certificate Holder is n~med as additionalRE:Janitorial Services 2,000,000 2,000,000 1,000,000 1,000,000 50,000 5,00’0 1,000,000 1,000,000 1,000,000 1,000,000 insured per attached GECG840. CERTIFICATE HOLDER City of Palo Alto 250 HamiltonAvenue Palo Alto CA 94301 ACORD 25-S (1195) PALOALT CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10__..~___ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILITY ’ OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION "~3’8~ V GOLDEN EAGLE INSURANCE COMPANY P.O. BOX 85826 - SAN DIEGO, CA 92186-5826 AUTOMATIC ADDITIONAL INSUREDS - CONSTRUCTION CONTRACTS . Policy No: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CCP-461433-00 Endorsement Effective: Named Insured: 4/21/97 (At 12:01 A,M. Standard Time} WCBS, Inc. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated above. The following provision is added to Section II (WHO IS AN INSURED). Any person(s) or organizations (s) (hereinafter called "Additional Insured") with whom you agree in a written contract to name as an Insured is an Insured with respect to liability arising out of your ongoing (as opposed to completed) opera- tions for the Additional Insured on the project specified in the contract, including acts or omissions of the Additional Insured in connection with the general supervision of your ongoing (as opposed to completed) operations. However, the insurance provided to the Additional Insured does not apply to: a. "Property damage" to: .1)Property owned, used or occupied by or rented to the Additional Insured; 2)Property in the care, custody, or control of the Additional Insured or over which the Additional Insured is for any purpose exercising physical control; or b. "BodilY injury," "property damage," or "personal injury" tirising out of an architect’s, engineer’s,0r surveyor’s ren- dering of or failure to render any professional services for you, for the Additional Ins.ured, or for othe.rs, including: 1) The preparing, approving, or failing to approve maps, drawings, opinions, reports, surveys, change ord~.rs, designs or specifications; and 2) Supervisory, inspection, or engineering services. These exclusions apply in addition to those contained in the Commercial General Liability Coverage Part. Premium: The premiqm for this endorsement is five percent (5%) of th~ annuaj gene.ral liability premium, subject to a minimum premium of $9_50.00. The advance premium charged at this time is subject to the audit provisions of the policy. GECG840 (I 1195) In~:ludes copyrighted m~terial of Insurence Services Office, Inc., 1984 with its permission.