2400 - MSL Electric, Inc. - Street Light Improvements Project - Ramona Boulevard South M
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CONSTRUCTION CONTRACT
STREET LIGHT IMPROVEMENTS PROJECT —
RAMONA BOULEVARD SOUTH
(MSL ELECTRIC, INC.)
1. PARTIES AND DATE t 1
This Contract is made and entered into this j`t day of iciviuciA.,1 , 20 'S
(Effective Date) by and between the City of Rosemead, a municipal corporatidn of the State
of California, located at 8838 E.Valley Blvd., Rosemead, California 91770, ("City")and MSL
Electric, Inc. with its principal place of business at 4938 E. La Palma, Anaheim, CA 92807
(hereinafter referred to as "Contractor"). City and Contractor are sometimes individually
referred to as "Party" and collectively as "Parties" in this Contract.
2. RECITALS
2.1 Contractor
Contractor desires to perform and assume responsibility for the Street Light
Improvements Project— Ramona Boulevard South by the City on the terms and conditions
set forth in this Contract. Contractor represents that it is experienced in providing such work
services to public clients, that it and its employees or subcontractors have all necessary
licenses and permits to perform the Services in the State of California, and that is familiar
with the plans of City.
2.2 Project
City desires to engage Contractor to render such services described herein as Project
("Project") as set forth in this Contract.
3. TERMS
3.1 Scope of Services and Term
3.1.1 General Scope of Services. Contractor 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 services necessary
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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 Contract, 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 Contract shall be from Effective Date shown
above to June 30, 2015 unless earlier terminated as provided herein. Contractor shall
complete the Services within the term of this Contract, and shall meet any other established
schedules and deadlines. The Parties may, by mutual, written consent, extend the term of
this Contract if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Contract. City retains Contractor on an independent contractor basis
and not as an employee. Contractor retains the right to perform similar or different services
for others during the term of this Contract. Any additional personnel performing the Services
under this Contract on behalf of Contractor shall also not be employees of City and shall at
all times be under Contractor's exclusive direction and control. Contractor shall pay all
wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Contract and as required by law. Contractor 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: Contractor shall perform the Services
expeditiously, within the term of this Contract, and within the schedules timeline. Contractor
represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Contractor's
conformance with the Schedule, City shall respond to Contractor's submittals in a timely
manner. Upon request of City, Contractor 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
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the City Engineer, or
his designee, to act as its representative for the performance of this Contract ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for
all purposes under this Contract. Contractor shall not accept direction or orders from any
person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Warren
Moore, or his designee, to act as its representative for the performance of this Contract
("Contractor's Representative"). Contractor's Representative shall have full authority to
represent and act on behalf of the Contractor for all purposes under this Contract. The
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Contractor's Representative shall supervise and direct the Services, using his/her 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
Contract.
3.2.6 Coordination of Services. Contractor 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.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Contract 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. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor 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 if
applicable, and that such licenses and approvals shall be maintained throughout the term of
this Contract. As provided for in the indemnification provisions of this Contract, Contractor
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 Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub-contractors 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
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state aind federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for
the duration of this Contract, insurance coverage as specified in Exhibit B attached to and
part of this Contract.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall
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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.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., 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, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of
per diem wages in effect at the commencement of this Contract. Contractor 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 Contractor's principal place of business and at the project site.
Contractor 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.
3.2.12 Bonds.
3.2.12.1 Performance Bond: If specifically requested by City,
Contractor shall execute and provide to City concurrently with this Contract a Performance
Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and
in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically
requested by City, Contractor shall execute and provide to City concurrently with this
Contract a Payment Bond in the amount of the total, not-to-exceed compensation indicated
in this Contract, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the affected bond within 10 days of receiving notice from City. In the event the
surety or Contractor intends to reduce or cancel any required bond, at least thirty(30) days
prior written notice shall be given to the City, and Contractor shall post acceptable
replacement bonds at least ten (10)days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Contract until any replacement
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bonds required by this Section are accepted by the City. To the extent, if any, that the total
compensation is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and shall
promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Contract (including,
without limitation, an increase in the total compensation, as referred to above), extensions of
time, or modifications of the time, terms, or conditions of payment to the Contractor, will
release the surety. If the Contractor fails to furnish any required bond, the City may
terminate this Contract for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a current A.M. Best's rating
no less than A:Vlll and satisfactory to the City. If a California-admitted surety insurer issuing
bonds does not meet these requirements, the insurer will be considered qualified if it is in
conformance with Section 995.660 of the California Code of Civil Procedure, and proof of
such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. The total compensation shall not exceed Twenty-One
Thousand Seven Hundred Forty-Eight Dollars($21,748.00)without advance written approval
of City's project manager. Extra Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Contract.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement that indicates work completed and hours of Services rendered by
Contractor. 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 after receiving
such statement, review the statement and pay all approved charges. The payments will be
subject to a 5% retention amount, which would be released and paid after all work under the
Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed
with the County of Los Angeles.
3.3.3 Reimbursement for Expenses. Contractor 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 Contract, City may
request that Contractor perform Extra Work. As used herein, "Extra Work"means any work
that 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
Contract. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from City's Representative.
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3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Contract. All
such records shall be clearly identifiable. Contractor 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 Contract. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to the Contract
for a period of three (3) years from the date of final payment under this Contract.
3.5 General Provisions.
3.5.1 Termination of Contract.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Contract at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Contractor shall be compensated only for those services that have been
adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Contract except for cause.
3.5.1.2 Effect of Termination. If this Contract is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Contract. Contractor 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 Contract 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 Contract
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:
CONTRACTOR:
MSL Electric, Inc.
4938 E. La Palma Avenue
Anaheim, CA 92807
Attn: Warren Moore, President
(714) 693-4837
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Rafael Fajardo, P.E., City Engineer
(626) 569-2151
MSL ELECTRIC, INC.
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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 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 Contract.
3.5.4 Attorneys Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Contract, 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.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City,
its 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 Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Contract, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor'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.
Contractor 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. Contractor 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. Contractor'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.
3.5.6 Entire Contract. This Contract contains the entire Contract of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations and
understandings. This Contract may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Contract shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Contract.
3.5.9 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Contract shall be binding on the
successors and assigns of the parties.
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3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law,this Contract 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.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Contract, the language of this Contract 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 workdays. All references to Contractor include all personnel, employees, agents,
and subcontractors of Contractor, except as otherwise specified in this Contract. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Contract. 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 Contract.
3.5.13 Amendment; Modification. No supplement, modification, or amendment
of this Contract shall be binding unless executed in writing and signed by both Parties.
3.5.14 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, estoppels, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty, City shall have the right to rescind this
Contract without liability. For the term of this Contract, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Contract, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor 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
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recruitment advertising, layoff or termination. Contractor 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.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that
it is aware of the provisions of Section 3700 of the California Labor Code that require every
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.
3.5.20 Authority to Enter Contract. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Contract. Each
Party warrants that the individuals who have signed this Contract have the legal power, right,
and authority to make this Contract and bind each respective Party.
3.5.21 Counterparts. This Contract may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of
the work required by this Contract, 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 Contract.
[SIGNATURES ON NEXT PAGE]
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CITY OF ROSEMEAD MSL ELEQTRIC, INC.
By: /IY . �/Lf/ By. yj,
Jeff Aired, City Manager Date
Name: U c%.Ccei r\ k_, Mcoce
Attest: \
1,4 Title: 2C C\e *
1 I
Iona Molleda, City Clerk ate
[If Corporation,TWO SIGNATURES, President OR
Vice President AND Secretary,AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
Approved as to Form:
BY Sae / �a aid
y �y-�
�� 1113/IS Name: �'� M. M�.t JcC__.
'ache) H. Richman Date
City Attorney
Title: '5 _ceA-rte
MSL ELECTRIC, INC.
EXHIBIT A
SCOPE OF CONTRACT SERVICES
SEE ATTACHED BID SCHEDULE/PROPOSAL
AND
PLANS AND SPECS
BIDDER: Ms( ELF-cm( , T1IC.
SECTION 1 - BID SCHEDULE
CBF- 1
BIDDER: WI '`I t-c 1 P c,, /A K'
BID SCHEDULE
SCHEDULE OF PRICES FOR
STREET LIGHT IMPROVEMENTS PROJECT
BASE BID SCHEDULE
1 Mobilization and Traffic
Control. LS 1 1000.'° ONE likttAt4io
2 Install street light conduit ikeairf flf°ft'P))
only per plans and jnr',-J z 56034 luSbP€t
specification complete. LS 1 folkel-E16t1T
TOTAL BASE BID PRICE(SCHEDULE BID PRICE):$ (�.I ,1� on
I-WentPt-ONe T1ltiaPd) S eM }}wm&o FotaaTY-£IG+4r ;ex/loo-
Dollar amount in written form
The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the
Business and Professional Code), arising from purchases of goods, materials or services by the
Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to he Contractor.
The undersigned acknowledges receipt, understanding and full consideration of the following
addenda to the Contract Documents.
Addenda Nos.
The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and
equipment or supplies necessary to complete the Work as described in the Bid Documents. If this
bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the
necessary bonds and accept the Total Bid Price as compensation in full for all Work under the
contract.
CBF-2
BIDDER: t\k?:A nm2iQ INC.
iI
By: ✓� L-938 L La1)11,A.a
Signature Business Street Address
Type or Print Name City, State and Zip Code
7!LO 8(093. 3 /
Title Telephone Number
Bidder's/Contractors State of Incorporation: \ A
Partners or Joint Venturers:
Bidder's License Number (s): E1 45O - C._(v
NOTES:
1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the
representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders,Bidder will be required
to provide evidence that the person signing on behalf of the corporation,
partnership or joint venture has the authority to do so.
CBF-3
MSL ELECTRIC, INC.
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this Contract and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be
less that$1,000,000 per accident. If Contractor owns no vehicles,this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above.
If Contractor or Contractor's employees will use personal autos in any way on this project,
Contractor shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverage. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self-insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided
on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy
shall contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Contractor, subcontractors or others involved in
the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review.
Professional Liability or Errors and Omissions Insurance, as appropriate, shall be written
MSL ELECTRIC, INC.
on a policy form coverage specifically designed to protect against acts,errors or omissions
of the Contractor and "Covered Professional Services" as designated in the policy must
specifically include work performed under this Contract. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this Contract.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A-or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insured City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Contract shall
prohibit Contractor, or Contractors employees, or agents, from waiving the right
of subrogation prior to a loss. Contractor agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Contract are intended to apply to the full extent of the policies.
Nothing contained in this Contract or any other Contract relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverage required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverage required and an additional insured
MSL ELECTRIC, INC.
endorsement to Contractor's general liability policy, shall be delivered to City at
or prior to the execution of this Contract. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Contract and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Contractor or deducted from
sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10.Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all Contracts
with subcontractors and others engaged in the project will be submitted to City
for review.
11.Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this Contract to self-insure its obligations to City. If Contractor's
existing coverage includes a deductible or self-insured retention, the deductible
or self-insured retention must be declared to the City. At that time the City shall
review options with the Contractor, which may include reduction or elimination of
the deductible or self-insured retention, substitution of other coverage, or other
solutions.
12.The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City will negotiate additional
compensation proportional to the increased benefit to City.
MSL ELECTRIC, INC.
13.For purposes of applying insurance coverage only, this Contract will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Contract.
14.Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15.Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this Contract. This obligation applies whether or not the Contract is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16.Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Contract have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverage.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this Contract. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18.Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
19.These insurance requirements are intended to be separate and distinct from any
other provision in this Contract and are intended by the parties here to be
interpreted as such.
20.The requirements in this Section supersede all other sections and provisions of
this Contract to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21.Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
Contract. Any such provisions are to be deleted with reference to City. It is not
MSL ELECTRIC, INC.
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Contract. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
--.1 MOORESI OP ID:SD
A �RCD CERTIFIcAATE DATEwMRm+YYYI
OF LIABILITY INStn:ANCE 11,21,2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY MID 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(SJ, AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: N the certificate holder it an ADDITIONAL INSURED,En pollcylles)must be endorsed. It SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,cxtain policies may require an endorsement A statement on this certN ceb does not confer tights to the
certificate holder In Mu of such sndorsemsntta).
PRODUCER Phone:714-518.2960.OMITAti
Rohm Insurance Agency "A�.
LIcanse80C32148 Fax:714-518-2985 0Egg .__ .010.0190_ -----
26 Plan Squsre Suite 200 *D
Orange,CA 92868 .. eaYRlA}M AMNON°COVEAGE -_ RAW 4_-
INSURER A:Travelers Indemnify Co of CT 26682_.".___...
INSURED MSL E.LS Palms Inc. seullEn.:Tnselen Prop Cse Co of Amer "_ 26874
Ana el , A 92 7-1 waulNec:_-
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ANhNm,CA 92607-1912 -- -..-.
MURIA Pt
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Iespess P:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE UBTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W M RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, ME INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU.THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CAMS
NIP_ TYPE OF IMEIRARCE MYI iWY01 POLICY NUMBER IMMO W Tv Lesrs
GENERAL uRenny I EACH OCCURRENCE Ii 1,000,000
"GAIMGETOTENTEO___
A X i COMMFRCLLL GENERAL unsure X I X DT22COI767POI6TCT74 00017204 DN0/I2016�°1 1 300,000
r
CWMNI
MSE { ,x X.I OCCUR I MED EXP CAY U Px1ml_11 _____6,000
PERSONAL anwwAim I E - 1,000.000
GENERAL AGGREGATE ti ;000,000
?�ENL AGGREGATE UNIT APPLIES PEA _ ' PRODUCTS_COMPRIP AGO I-
$ 2,000,000
I POLICY /L 1 TRI:TT 1T1 LCC I I E
AUTOMOOILEIIAWIY CWMINEDENGLE UMI I 1,000,00d
1E1
A 1 X AOYAIIro IDTET OTT67POB6TCTI 4 04/0112014:.0410112016 MOmLYINURY(Psi penal $
ALL OWNED 1 SCHEDULE) BODILY INJURY IPA mtl R E
__ AUTOS --I.NON-OOWNED I 1 ( DCE _—S(�MFErr-" i
HIRED AUTOS AUTOS :
LLU _
I i
1 X UMBRELLA UAa 1 X mem EACH OCCURRENCE 1 4,000.000
B I _ "CF4n" _-1 XI IDTSMCUP7767P088TILt4 f 04/010014 0401/'7.016 EACH
E 4,000,000
, ow I at-reams f I1
'MID WORKERS
EMPLOYER; I , X1 VACEILTBUmL.1DDR;
1 AND EMPLOYER;LSUUm
B I ANY PRWRIErdiNARLUEREMECLRIVE r I•NIA X DTJUB7767P06614 04101/2014 oYO1/20161 EL EACH ACCIDENT I$ 1,000,000
CF FInNID EXCLUDED?
` I 1_EL DISEASE EA EMPLOYE!`$ 1,000,000
It we Nwbwder I E L DISEASE-POLICY LIMIT IE 1,000,000
DESCAPTION OF OPERATIONS Cebu
I
CESCMTON OF OPEIETONBI LOCAT1Ne l VEHICLES 1MWe:ACORD III,Nnnw4 MARMx thMM:I E awn EMN As SgISS
RE: RAMIE BLVD. STREET LIGHT IMPROVEMENTS, ROSEMEAD, NIL 66185. TIN CITY OP
ROSE,aAD, ITS i1WLOTEEE, OFFICIALS AND AOFNTE ARM NAMED AA ADDITIONAL
INSUREDS PER ATTACHED S[WORSOURIT INCLUDING PAEOBY WORDING. GL 8 11C IAIVERS
APPLY PAR ATTACHED.30 DAYS NOTICE OF CANCELLATION APPLIES.
CERTIFICATE HOLDER CANCELLATION
CITYORO
SHOULD ANY OF THE ABOVE OUSCRIBtn POLICIES BE CANCELLED BEFORE
TIE EXPIRATION DATE THEREOF, NOTICE PALL BE DELIVERED N
CITY OF ROSEMEAD ACCORDANCE WITH THE POUCY PROVISIONS.
SILVIA LLAMAS AmNCwfDRP-PRUE/TAYME
8838 E.VALLEY BLVD. n
ROSEMEAD,CA 91770 �l' •L WI v+/4-,..
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(201005) The ACORD name and logo are registered marks of ACORD
NSURED:MSL ELECTRIC,INC.
OLICY NUMBER:DT22C07757PBBBTCT14_ COMMERCIAL GENERAL LIABILITY
'OLICY TERM:04101114 TO 04101/16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED— (Section II) Is amended c) The Insurance provided to the additional in-
to Include any person or organization that you sured does not apply to "bodily injury° or
agree In a °written contract requiring insurance" "property damage" caused by "your work'
to Include as an additional Insured on this Cover- and Included in the "products-completed op-
age Part, but: erations hazard" unless the "written contract
a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you
" to provide such coverage for that additional
property damage"or"personal injury";and
insured, and then the Insurance provided to
b) if, and only to the extent that, the injury or the additional Insured applies only to such
damage is caused by acts or omissions of "bodily injury' or "property damage" that cc-
you or your subcontractor in the performance curs before the end of the period of time for
of "your work" to which the "written contract which the "written contract requiring insur-
requiring Insurance" applies. The person or once" requires you to provide such coverage
organization does not qualify as an additional or the end of the policy period, whichever is
Insured with respect to the Independent acts earlier.
or omissions of such person or organization. 3. The insurance provided to the additional Insured
2. The Insurance provided to the additional insured by this endorsement is excess over any valid and
by this endorsement is limited as follows: collectible "other insurance", whether primary,
a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that Is
this Coverage Part shown in the Declarations available to the additional insured for a loss we
exceed the limits of liability required by the cover under this endorsement. However, if the
"written contract requiring Insurance", the In- "written contract requiring insurance" specifically
surance provided to the additional Insured requires that this Insurance apply on a primary
shall be limned to the limits of liability re- basis or a primary and non-contributory basis,
quired by that "written contract requiring in- this Insurance is primary to 'other Insurance"
surance". This endorsement shall not in- available to the additional insured which covers
crease the limits of Insurance described In that person or organization as a named Insured
Section Ili—Limits Of insurance. for such loss, and we will not share with that
"other Insurance". But the Insurance provided to
b) The insurance provided to the additional in- the additional insured by this endorsement still is
sured does not apply to"bodily Injury", "prop- excess over any valid and collectible "other in-
erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or
of the rendering of, or failure to render, any on any other basis, that Is available to the addi-
professional architectural, engineering or sur- tonal Insured when that person or organization is
veying services,including: an additional Insured under such "other insur-
I. The preparing, approving, or failing to ance".
prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the
ings, opinions, reports, surveys, field or- additional Insured by this endorsement:
ders or change orders, or the preparing, a) The additional insured must give us written
approving,drawings falling to prepare or and ) notice as soon as practicable of an 'occur-
rence"specifications; or an offense which may result In a
II. Supervisory, inspection, architectural or claim. To the extent possible, such notice
engineering activities. should Include:
CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2
COMMERCIAL GENERAL LIABILITY —
I. How, when and where the "occurrence" any provider of'other insurance which would
or offense took place; cover the additional insured for a loss we
II. The names and addresses of any Injured cover under this endorsement. However, this
rsoasasd ndnaddre arid condition does not affect whether the insur-
ce ance provided to the additional insured by
III. The nature and location of any Injury or this endorsement is primary to "other Inaur-
damage arising out of the"occurrence"or ance" available to the additional Insured
offense. which covers that person or organization as a
b) If a claim is made or'Sr Is brought against named Insured as described in paragraph 3.
the additional Insured, the additional Insured above.
must: 5. The following definition is added to SECTION V.
I. Immediately record the specifics of the —DEFINITIONS:
claim or"suit"and the date received;and "Written contract requiring Insurance" means
II. Notify us as soon as practicable. that part of any written contract or agreement
under which you are required to include a
The additional Insured must see to It that we person or organization as an additional In-
receive written notice of the claim or"suit"as sured on this Coverage Part, provided that
soon as practicable. the "bodily Injury"and"property damage"oc-
c) The additional Insured must Immediately curs and the "personal Injury" is caused by an
send us copies of all legal papers received In offense committed:
connection with the claim or"suit", cooperate a. After the signing and execution of the
with us In the investigation or settlement of contract or agreement by you;
the claim or defense against the "suit", and b. While that part of the contract or
otherwise comply with all policy conditions. agreement Is In effect;and
d) The additional insured must tender the de- C. Before the end of the policy period.fense and indemnity of any claim or "suit"to
Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CO D2 46 08 05
INSURED:MSL ELECTRIC,INC.
POLICY NUMBER:DT22COT757POS8TCTI4- -"
POLICY TERM:04/01/14-04101/15 COMMERCIAL GENERAL LIABILITY
BLANKET WAIVER OF SUBROGATION
by any ordinance, law or building code to include (II) A manager of any limited liability
as an additional insured on this Coverage Part is company;or
an insured, but only with respect to liability for (III)An executive officer or director of
"bodily injury", "property damage". "personal in- any other organization;
jury'or"advertising injury' arising out of such op- that Is your partner, joint venture
erations. member or manager;or
The Insurance provided to such state or political (b) Any -employee" authorized by such
subdivision does not apply to: partnership, joint venture, limited li-
a. Any "bodily injury," "properly damage," "per- ability company or other organization
sonal injury" or'advertising injury"arising out to give notice of an 'occurrence" or
of operations performed for that state or po- offense.
litical subdivision;or (3) Notice to us of such"occurrence-or of an
h. Any "bodily injury" or 'property damage' In- offense will be deemed to be given as
cluded in the"products-completed operations soon as practicable if it is given In good
hazard' faith as soon as practicable to your work-
J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation Insurer. This applies
RENCE OR OFFENSE only if you subsequently give notice to us
of the"occurrence"or offense as soon as
The following is added to Paragraph 2., Duties In practicable after any of the persons de-
The Event of Occurrence, Offense, Claim or scribed in Paragraphs e.(1) or(2)above
Suit, I BILTIOC IV I COMMERCIAL DEN- discovers that the"occurrence"or offense
ERAL LIABILITY CONDITIONS: may result in sums to which the Insurance
e. The following provisions apply to Paragraph provided under this Coverage Part may
a.above, but only for the purposes of the In- apply,
surence provided under this Coverage Part to However, if this Coverage Part includes an en-
you or any insured listed in Paragraph h 1.or 2. dorsement that provides limited coverage for
of Section II-Who Is An insured: "bodily injury" or "property damage" or pollution
(1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es-
tense must be given as soon as practice- cape of"pollutants"which contains a requirement
ble only after the "occurrence" or offense that the discharge, release or escape of "poliut-
Is known by you Of you are an individual), ants" must be reported to us within a specific
any of your partners or members who is number of days after its abrupt commencement,
an Individual (if you are a partnership or this Paragraph e. does not affect that require-
joint venture), any of your managers who ment.
Is an individual(if you are a limited liability K. UNINTENTIONAL OMISSION
company), any of your 'executive offi-
cers"or directors (If you are an organize- The following Is added to Paragraph 6., Rep'.-
tion other than a partnership,joint venture sentatlons, of SECTION IV - COMMERCIAL
or limited liability company) or any 'em- GENERAL LIABILITY CONDITIONS:
ployee" authorized by you to give notice The unintentional omission of, or unintentional
of an"occurrence"or offense. error in, any information provided by you which
(2) if you are a partnership, joint venture or we relied upon in issuing this policy will not preju-
limited liability company, and none of your dice your rights under this insurance. However,
partners, joint venture members or man- this provision does not affect our right to collect
agers are individuals, notice to us of such additional premium or to exercise our rights of
"occurrence"or offense must be given as cancellation or nonrenewal in accordance with
soon as practicable only after the"occur- applicable insurance laws or regulations.
rence°or offense is known by: L BLANKET WAIVER OF SUBROGATION
(a) Any individual who is: The following is added to Paragraph B.,Transfer
(I) A partner or member of any part- Of Rights Of Recovery Against Others To Us,
nership or joint venture; of SECTION IV-COMMERCIAL GENERAL LI-
ABILITY CONDITIONS:
CG D3 16 11 11 Cr 2011 The Travelers Indemnity Company.All rights reserved Page 5 of 6
COMMERCIAL GENERAL LIABILITY
If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental
menl to waive that insured's right of recovery anguish, mental Injury,shock,fright,disability,
against any person or organization,we waive our humiliation, sickness or disease sustained by
right of recovery against such person or organiza- a person, including death resulting from any
don,but only for payments we make because of: of these at any time.
a. "Bodily Injury" or "property damage" that cc- N. CONTRACTUAL LIABILITY—RAILROADS
curs;or 1. The following replaces Paragraph c. of the
b. "Personal Injury" or "advertising injury" definition of "Insured contract" In the DEFINI"
caused by an offense that is committed; TIONS Section:
subsequent to the execution of that contract or c. Any easement or license agreement;
agreement. 2. Paragraph f.(1) of the definition of "Insured
M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de-
leted.
The following replaces the definition of "bodily
injury"in the DEFINITIONS Section:
Page 6 of 6 62011 The Travelers Indemnity Company.NI rights reserved. CG D3101111
TRAVELERST WORKERS COMPENSATION
AND
oo T011811 aQum EMPLOYERS LIABILITY POLICY
HARTFORD, CT 06183
ENDORSEMENT WC 990378( A)- 001
POLICY NUMBER: (DTJUB-7757PD8-8-14)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT-CALIFORNIA
(BLANKET WAIVER)
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.
The additional premium for this endorsement shall be 02.000 %of the California workers'compensation pre-
mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANISATION FOR
WHICH THE INSURED RAS AGREED
BY WRITTEN CONTRACT EXECUTED
PRIOR TO LOSS TO FURNISH THIS
WAIVER.
This endorsement changes the policy to which it is attached and Is effective on the date Issued unless otherwise
stated.
(The Information below Is required only when this endorsement is issued subsequent to preparation of
the policy.)
Endorsement Effective 04/01/2014 Policy No. (DT309-7757P0e-8-14) Endorsement No.
Insured KM ELECTRIC, INC. Premium
Insurance Company Countersigned by
TRAVELERS PROP CAS CO Or AMIE
DATE OF ISSUE: 03-31-14 ST ASSIGN: Page 1 of 1
No3
A This page is part of your document-DO NOT DISCARD
,.pf toy4 20150372707
RECEIVED ,S 11111111111111111 111111111111 Pa s:
CITYOKEIVE Ab {Ff 1 91 Irll�
APP () a Zari { ; Recorders d O/FfClaeed f oiLn orn sa A
ng elRes e Coordus n
ty,
cnY cEEaK nrFlc ��uroa 04/06/15 AT 11:49AM
BY
PEES: 0.00
TAXES: 0.00
OTHER: 0.00
PAID: 0.00
IIIII IIIIIIIIIIIIIIIIII IIIII IIIIIIIIII IIIIIIIIIIIIIAIIIIIIII
LEADSHEET
11 111 I III II II IIIIII IIII I III III IIIII IIII II
201504063300031
00010381414
IIIIIIIIIIIIIIID IIIIIIIINIIIIII IIII
006741681
SEQ:
02
DAR - Counter (Upfront Scan)
1111111 III II N hill W 11111111 lb I IIIlIflU I I Di III liii
11111111111111111111 RHO -
- THIS FORM IS NOT TO BE DUPLICATED
RECORDING REQUESTED BY
CITY OF ROSEMEAD
AND WHEN RECORDED MAIL TO:
1
0110 612 01 5
Name r City of Rosemead I.i III 116 I
8838 E. Valley Blvd.
Street Rosemead, CA 91770
Address '20150372707`
ATTN: CITY CLERK
City 8
State L
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Notice of Completion
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is: City of Rosemead
3. The full address of the undersigned is: 8838 E. Valley Blvd., Rosemead, Ca 91770
4. The nature of the title of the undersigned is: In fee
(If other than fee,strike"In fee"and insert,for example,"purchaser under contract of purchase,"or"lessee".)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred
subsequent to the commencement of the work of improvement herein referred to'.
Names Addresses
N/A N/A
(If no transfer made,insert"none.)
7. A work of improvement on the property hereinafter described was completed on: March 6, 2015
8. The name of the contractor, if any, for such work of improvement was: MDS Electric, Inc.
4938 E. La Palma Avenue, Anaheim, CA 91768
9. The property on which said work of improvement was completed is in the City of Rosemead
County of Los Angeles , State of California, and is described as follows:
Street Light Improvement Project- Ramona Boulevard South
10. The street address of said property is: as listed in No. 9
Of no street address has been officially assigned,insert"none".)
Signature of
owner named
I�0o
Dated: / S
in paragraph 2
Rafael M. Fajardo, P.E.
City Engineer
By City of Rosemead
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
of/067/5" 2 /;C:.)--
Date afael Fajardo, P.E.
City Engineer
City of Rosemead, California
Rosemead, CA
Place of Execution
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles )
On April 6, 2015 before me, Ericka Hernandez, Notary Public
(insert name and title of the officer)
personally appeared Rafael Fajardo
who proved to me on the basis of satisfactory evidence to be the p rson0 whose name(ys re
subscribed to the within instrument and acknowled to me tha e h /they executed''ffhe same in
5.i.sherftheir authorized capacity(jeS), and that by Is/ er/their si ur�on the instrument the
erso'or the entity upon behalf of which the p rsoyt(4s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
ERICKA HEHNANCEZ
WITNESS my hand and official seal. , Commission W1980017
i Notary Public -California
Las Angeles County >
fitA � MY Pmm,ixPires Jun 24,2016
Signature 41 (Seal)
airy c'fR'-
E 4
Rig
NA A ,j Cl 6 6 01
"t°„�t
CONSTRUCTION CONTRACT
STREET LIGHT IMPROVEMENTS PROJECT -
RAMONA BOULEVARD SOUTH
(MSL ELECTRIC, INC.)
1. PARTIES AND DATE 1
This Contract is made and entered into this)`1 day ofrblucvt 20 '5
(Effective Date)by and between the City of Rosemead, a municipal corporate of the State
of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City")and MSL
Electric, Inc. with its principal place of business at 4938 E. La Palma, Anaheim, CA 92807
(hereinafter referred to as "Contractor"). City and Contractor are sometimes individually
referred to as "Party" and collectively as "Parties" in this Contract.
2. RECITALS
2.1 Contractor
Contractor desires to perform and assume responsibility for the Street Light
Improvements Project— Ramona Boulevard South by the City on the terms and conditions
set forth in this Contract. Contractor represents that it is experienced in providing such work
services to public clients, that it and its employees or subcontractors have all necessary
licenses and permits to perform the Services in the State of California, and that is familiar
with the plans of City.
2.2 Project
City desires to engage Contractor to render such services described herein as Project
("Project") as set forth in this Contract.
3. TERMS
3.1 Scope of Services and Term
3.1.1 General Scope of Services. Contractor 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 services necessary
MSL ELECTRIC. INC.
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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 Contract, 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 Contract shall be from Effective Date shown
above to June 30, 2015 unless earlier terminated as provided herein. Contractor shall
complete the Services within the term of this Contract, and shall meet any other established
schedules and deadlines. The Parties may, by mutual, written consent, extend the term of
this Contract if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will
determine the means, methods and details of performing the Services subject to the
requirements of this Contract. City retains Contractor on an independent contractor basis
and not as an employee. Contractor retains the right to perform similar or different services
for others during the term of this Contract. Any additional personnel performing the Services
under this Contract on behalf of Contractor shall also not be employees of City and shall at
all times be under Contractor's exclusive direction and control. Contractor shall pay all
wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Contract and as required by law. Contractor 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: Contractor shall perform the Services
expeditiously,within the term of this Contract, and within the schedules timeline. Contractor
represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Contractor's
conformance with the Schedule, City shall respond to Contractor's submittals in a timely
manner. Upon request of City, Contractor 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
Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the City Engineer, or
his designee, to act as its representative for the performance of this Contract ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for
all purposes under this Contract. Contractor shall not accept direction or orders from any
person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Warren
Moore, or his designee, to act as its representative for the performance of this Contract
("Contractor's Representative"). Contractor's Representative shall have full authority to
represent and act on behalf of the Contractor for all purposes under this Contract. The
MSL ELECTRIC, INC.
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Contractor's Representative shall supervise and direct the Services, using his/her 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
Contract.
3.2.6 Coordination of Services. Contractor 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.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform
all Services under this Contract 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. Contractor represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Contractor warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Contractor 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 if
applicable, and that such licenses and approvals shall be maintained throughout the term of
this Contract. As provided for in the indemnification provisions of this Contract, Contractor
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 Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub-contractors 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
Contractor and shall not be re-employed to perform any of the Services or to work on the
Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all local, state aind federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for
the duration of this Contract, insurance coverage as specified in Exhibit B attached to and
part of this Contract.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor shall
MSL ELECTRIC, INC.
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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.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., 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, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of
per diem wages in effect at the commencement of this Contract. Contractor 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 Contractor's principal place of business and at the project site.
Contractor 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.
3.2.12 Bonds.
3.2.12.1 Performance Bond: If specifically requested by City,
Contractor shall execute and provide to City concurrently with this Contract a Performance
Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and
in a form provided or approved by the City. If such bond is required, no payment will be
made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise specifically
requested by City, Contractor shall execute and provide to City concurrently with this
Contract a Payment Bond in the amount of the total, not-to-exceed compensation indicated
in this Contract, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or
replace the affected bond within 10 days of receiving notice from City. In the event the
surety or Contractor intends to reduce or cancel any required bond, at least thirty(30) days
prior written notice shall be given to the City, and Contractor shall post acceptable
replacement bonds at least ten (10)days prior to expiration of the original bonds. No further
payments shall be deemed due or will be made under this Contract until any replacement
MSL ELECTRIC, INC.
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bonds required by this Section are accepted by the City. To the extent, if any, that the total
compensation is increased in accordance with the Contract, the Contractor shall, upon
request of the City, cause the amount of the bonds to be increased accordingly and shall
promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Contract (including,
without limitation, an increase in the total compensation, as referred to above), extensions of
time, or modifications of the time, terms, or conditions of payment to the Contractor, will
release the surety. If the Contractor fails to furnish any required bond, the City may
terminate this Contract for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a current A.M. Best's rating
no less than A:Vlll and satisfactory to the City. If a California-admitted surety insurer issuing
bonds does not meet these requirements, the insurer will be considered qualified if it is in
conformance with Section 995.660 of the California Code of Civil Procedure, and proof of
such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. The total compensation shall not exceed Twenty-One
Thousand Seven Hundred Forty-Eight Dollars($21,748.00)without advance written approval
of City's project manager. Extra Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Contract.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement that indicates work completed and hours of Services rendered by
Contractor. 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 after receiving
such statement, review the statement and pay all approved charges. The payments will be
subject to a 5% retention amount, which would be released and paid after all work under the
Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed
with the County of Los Angeles.
3.3.3 Reimbursement for Expenses. Contractor 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 Contract, City may
request that Contractor perform Extra Work. As used herein, "Extra Work"means any work
that 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
Contract. Contractor shall not perform, nor be compensated for, Extra Work without written
authorization from City's Representative.
MSL ELECTRIC, INC.
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3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Contract. All
such records shall be clearly identifiable. Contractor 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 Contract. Contractor shall allow
inspection of all work, data, documents, proceedings, and activities related to the Contract
for a period of three (3) years from the date of final payment under this Contract.
3.5 General Provisions.
3.5.1 Termination of Contract.
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Contract at any time and without cause by
giving written notice to Contractor of such termination, and specifying the effective date
thereof, at least seven (7) days before the effective date of such termination. Upon
termination, Contractor shall be compensated only for those services that have been
adequately rendered to City, and Contractor shall be entitled to no further compensation.
Contractor may not terminate this Contract except for cause.
3.5.1.2 Effect of Termination. If this Contract is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Contract. Contractor 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 Contract 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 Contract
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:
CONTRACTOR:
MSL Electric, Inc.
4938 E. La Palma Avenue
Anaheim, CA 92807
Attn: Warren Moore, President
(714)693-4837
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Rafael Fajardo, P.E., City Engineer
(626) 569-2151
MSL ELECTRIC, INC.
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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 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 Contract.
3.5.4 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
Contract, 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.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City,
its 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 Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Contract, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and
expenses. Contractor shall defend, at Contractor'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.
Contractor 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. Contractor 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. Contractor'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.
3.5.6 Entire Contract. This Contract contains the entire Contract of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations and
understandings. This Contract may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Contract shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Contract.
3.5.9 City's Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Contract shall be binding on the
successors and assigns of the parties.
MSL ELECTRIC, INC.
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3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law,this Contract 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.
3.5.12 Construction; References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Contract, the language of this Contract 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 workdays. All references to Contractor include all personnel, employees, agents,
and subcontractors of Contractor, except as otherwise specified in this Contract. All
references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Contract. 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 Contract.
3.5.13 Amendment; Modification. No supplement, modification,or amendment
of this Contract shall be binding unless executed in writing and signed by both Parties.
3.5.14 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, estoppels, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Contract. For breach or violation of this warranty, City shall have the right to rescind this
Contract without liability. For the term of this Contract, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Contract, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor 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
MSL ELECTRIC. INC.
Page 9 of 10
recruitment advertising, layoff or termination. Contractor 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.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that
it is aware of the provisions of Section 3700 of the California Labor Code that require every
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.
3.5.20 Authority to Enter Contract. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Contract. Each
Party warrants that the individuals who have signed this Contract have the legal power, right,
and authority to make this Contract and bind each respective Party.
3.5.21 Counterparts. This Contract may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of
the work required by this Contract, 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 Contract.
[SIGNATURES ON NEXT PAGE]
MSL ELECTRIC, INC.
Page 10 of 10
CITY OF ROSEMEAD MSL ELE TRIC, INC.
BY: l' .. '//L it WE By: �1, ) U
Jeff •^'red, City Manager � Date
Name: Lt-%0.CCPX\ N\coce-
Atteesstt: 1
lStno. �4Y Title: Pc��\ C\.E:'��
ona Molleda, City Clerk ate
[If Corporation,TWO SIGNATURES, President OR
Vice President AND Secretary,AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
Approved as to Form:
BYC/ee_I a >
-r
I /i3/1s Name: a`tl y M. Mace.
-ache) H. Richman Date
City Attorney �` ^
Title: ' ccc-2 1 CI
MSL ELECTRIC. INC.
EXHIBIT A
SCOPE OF CONTRACT SERVICES
SEE ATTACHED BID SCHEDULE/PROPOSAL
AND
PLANS AND SPECS
BIDDER: MI EL+=S tLIC TNC.
SECTION 1 - BID SCHEDULE
CBF- 1
BIDDER: lAS1 El EC I QGC / //U �-
BID SCHEDULE
SCHEDULE OF PRICES FOR
STREET LIGHT IMPROVEMENTS PROJECT
BASE BID SCHEDULE
1 Mobilization and Traffic
Control. LS 1 �}IOtZO ON6 'THiosP D
2 Install street light conduit hoof Y jllo%CiP
only per plans and 0.2w/tat, 56U3+ I4SMbS€b
specification complete. LS 1 low-TY-CU:AT
Ims
TOTAL BASE BID PRICE(SCHEDULE BID PRICE):$ -I ,11 Oo
r�'
O
TWet4TY- ANc 1etals-.o S 'FN. 4W- & FouaTY-£ GNr a -
Dollar amount in written form
The undersigned offers and agrees that if this bid is accepted,it will assign to the purchasing body
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the
Business and Professional Code), arising from purchases of goods, materials or services by the
Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to he Contractor.
The undersigned acknowledges receipt, understanding and full consideration of the following
addenda to the Contract Documents.
Addenda Nos. fL'f
The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and
equipment or supplies necessary to complete the Work as described in the Bid Documents. If this
bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the
necessary bonds and accept the Total Bid Price as compensation in full for all Work under the
contract.
CBF- 2
BIDDER: N\>\ c--% 'cTI ICjINC•
By: L \ -- R;3 L� [�ILL`�12 �v t=
Signature Business Street Address
Vu ij a: RNa irtA c(- camr1
Type or Print Name City, State and Zip Code
71 p (0 3. 'F$S7
Title Tel phone Number
Bidders/Contractor's State of Incorporation: CA.
Partners or Joint Venturers:
Bidders License Number(s): 81)D-4-50 C I V
NOTES:
1) By its signature on this Bid,the Bidder certifies under penalty of perjury the accuracy of the
representations made on the Contract Bid Forms.
2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address
3) If Bidder is a partnership or joint venture, give full names of all partners or joint
venturers.
As further discussed in the Instructions to Bidders,Bidder will be required
to provide evidence that the person signing on behalf of the corporation,
partnership or joint venture has the authority to do so.
CBF�3
MSL ELECTRIC, INC.
EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage required.
Any insurance proceeds available to City in excess of the limits and coverage required in
this Contract and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be
less that$1,000,000 per accident. If Contractor owns no vehicles,this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described above.
If Contractor or Contractor's employees will use personal autos in any way on this project,
Contractor shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverage. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self-insured retention for
liability not covered by primary but covered by the umbrella. Coverage shall be provided
on a "pay on behalf" basis, with defense costs payable in addition to policy limits. Policy
shall contain a provision obligating insurer at the time insured's liability is determined, not
requiring actual payment by the insured first. There shall be no cross liability exclusion
precluding coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of Contractor, subcontractors or others involved in
the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review.
Professional Liability or Errors and Omissions Insurance, as appropriate, shall be written
MSL ELECTRIC, INC.
on a policy form coverage specifically designed to protect against acts, errors or omissions
of the Contractor and "Covered Professional Services" as designated in the policy must
specifically include work performed under this Contract. The policy limit shall be no less
than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the
insured and must include a provision establishing the insurer's duty to defend. The policy
retroactive date shall be on or before the effective date of this Contract.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A-or better and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insured City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Contract shall
prohibit Contractor, or Contractor's employees, or agents, from waiving the right
of subrogation prior to a loss. Contractor agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Contract are intended to apply to the full extent of the policies.
Nothing contained in this Contract or any other Contract relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverage required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverage required and an additional insured
MSL ELECTRIC, INC.
endorsement to Contractor's general liability policy, shall be delivered to City at
or prior to the execution of this Contract. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other Contract and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Contractor or deducted from
sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this Contract that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10.Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contractor agrees that upon request, all Contracts
with subcontractors and others engaged in the project will be submitted to City
for review.
11.Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this Contract to self-insure its obligations to City. If Contractor's
existing coverage includes a deductible or self-insured retention, the deductible
or self-insured retention must be declared to the City. At that time the City shall
review options with the Contractor, which may include reduction or elimination of
the deductible or self-insured retention, substitution of other coverage, or other
solutions.
12.The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City will negotiate additional
compensation proportional to the increased benefit to City.
MSL ELECTRIC, INC.
13.For purposes of applying insurance coverage only, this Contract will be deemed
to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Contract.
14.Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15.Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this Contract. This obligation applies whether or not the Contract is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
16.Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Contract have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of the coverage.
17.The provisions of any workers' compensation or similar act will not limit the
obligations of Contractor under this Contract. Contractor expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18.Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
19.These insurance requirements are intended to be separate and distinct from any
other provision in this Contract and are intended by the parties here to be
interpreted as such.
20.The requirements in this Section supersede all other sections and provisions of
this Contract to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21.Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Contractor for the cost of additional insurance coverage required by this
Contract. Any such provisions are to be deleted with reference to City. It is not
MSL ELECTRIC, INC.
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Contract. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
--wit MOORES7 OP ID:SD
9RO CERTIFIdATE OF LIABILITY INSLT-:ANCE I 1VV2iWOT4n
1v21regu
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY W1E POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTFTUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cer floats holder Is an ADDITIONAL INSURED,the pollcylla)must S endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may mqulre an endorsement A statement on this certificate does not confer rights to the
certificate holder In Reu of such endorsememlal.
PRODUCER Phone:714-578-2960 xCOA1NETACT _.
Rohm!mamma Agency N e
uoense60Cm48 CY Fax 714-578.2985 Yr aT+�_ _. N
26 PMTa Square,Suits Z00 MI
MORRIS:
Orange,CA 92866 ._ --_
r
I) RDNG E NUR'
INSURER A_Travelers Indemnity Co of CT (25882_
4938 E.La Palma Ave. Prop _ 25874
INSURED MSL Electric,Inc. INSURERS:Travelers Pro CaS Co of Amur fi
Anaheim,CA92807.1912 wul¢xe: ___ -- —.
wugRO: _. I -_-
USURERS: I-...—.
SURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU.THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
NER TYPE OF INSURANCE M WED; POLICY E M A '/M WT1 IVAUDMYYY) n
aENCIALMUTT EACH OCCURRENCE i 1,000,000
'DAlA'GETOlLEN1 a__ f
A r X EX GENERAL LMIm X ' X ;Dtt2CO7767P08eTCT14 04/078074 041018016 PRESSES t E a a A n P,.u e W Ii 300,000
I� CWMWAWE Ili OCCUR 1 1 MED FMSN�.+pM_ML_If __ 6,000
__I ...__. .. I PERSONAL aADE NJURY 11 i 1,000,006
_.. __ GENERALACAREGATE �i 2+000,666
GERLAWREWTELmIMO APPLIES PER 1 PRODUCTS COMPNPMOi 2,000,000
.POLICY f X ACT too
MITNOSILE mum � E 1,000,000
A ANY AUTO IDT8107757POBSTCT74 06101/2016:04/01/2015
EGGILe iroueYP en* s
-r AAL OOWNED �SCHEDULED ; BODILY INIURED/me:l n S _.
t_A I AUTOS NON-OWNED i -Facsre-ExaPS€ s
MEG AUTOS ; Auras FGA--_
_ _ I �_
X MIILFLA WS j X I OCCUR 1 EACH OCCURRENCE s 000,000
B I . EXCESS IM I I CUIMBMAGE IDTSMCUPn6/P08811L14 04/01/2014 04/01/20151 AGGREGATE I1 4,000,006
1 DED 1 1 RETENTION, I I I
WMNERSCCYPCMSATNNI WC STATU- I mHl
I AND EYROYEM'WaWiY X_IIOAYLM68LlEe l _..
B I ANY PRCPMETMFNnNEREXECINNE �iN/AI X .1DTJUB7757P0S814 04/01120141 W/018015cEL EACH ACCIDENT _ I I _1,000,000
OFFICER/MEMBER CILIUM/
EL DISEASE FAEMPLDYEMi 1,006,000
'nyywwawON OF I£L DISEASE.POLICY LIMIT E 1,000,000 under
,CESERIPTION OF OPERATIONS NM I
I I
m9L RPTION OF OPERATIONS/LOCATIONS I VEHICLES IM's ACORD 1111,AMES W RIMY NRSM.a mampla M r'MSIC
RE: RADOM BLVD. STREET LIGHT IMPEUTVEMERTS, RoBEME?D, 1661. 96185. THE CITY OF
RO98Iaan, ITS ETRLOYEEB, OFFICIALS AND AGENTS APE NAKED AS ADDITIONAL
INSUREDS PER ATTACEZD ENDORBLMRT INCLUDING PRIMARY WORDING. W, & WC IO.IVERS
APPLY PER ATTACHED.30 DAYS NOTICE OF CANCELLATION APPLIES.
CERTIFICATE HOLDER CANCELLATION
CITYORO
SHOULD ANY OF 71E HOVE DCECRMw POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE TIMREOF, NOWCE WILL BE DELIVERED IN
CITY OF ROSEMEAD ACCORDANCE WITH THE POLICY PROVISIONS.
SILWA LLAMAS AUngMED REPRESENTATIVE
8838 E.VALLEY BLVD.
ROSEMEAD,CA 91770 ,l.,, � YK n'Ls-44•.-
01988-21310 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo ere registered marks of ACORD
NSURED:MSL ELECTRIC,INC.
'OLICY NUMBER:DT22COT757PO88TCT14_ COMMERCIAL GENERAL LIABILITY
'OLICY TERM:0401114 TO 04101/16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED—(Section II) Is amended c) The Insurance provided to the additional In-
to Include any person or organization that you sured does not apply to "bodily Injury" or
agree In a "written contract requiring Insurance" "property damage" caused by "your work"
to Include as an additional Insured on this Cover- and Included In the "products-completed op-
age Part, but: eratlons hazard" unless the "written contract
requiring Insurance" specifically requires you
a) Only with respect to liability for"bodily Injury", to provide such coverage for that additional
"property damage"or"personal Injury";and insured, and then the Insurance provided to
b) it and only to the extent that, the Injury or the additional Insured applies only to such
damage is caused by acts or omissions of "bodily injury" or "property damage"that oc-
you or your subcontractor in the performance curs before the end of the period of time for
of "your work" to which the 'Written contract which the "written contract requiring insur-
requiring Insurance" applies. The person or ance" requires you to provide such coverage
organization does not qualify as an additional or the end of the policy period, whichever is
Insured with respect to the Independent acts earlier.
or omissions of such person or organization. 3. The Insurance provided to the additional Insured
2. The Insurance provided to the additional Insured by this endorsement is excess over any valid and
by this endorsement is limited as follows: collectible "other insurance", whether primary,
a) in the event that the Limits of Insurance of excess, contingent or on any other basis, that is
this Coverage Part shown in the Declarations available to the additional insured for a loss we
exceed the limits of liability required by the cover under this endorsement. However, if the
"written contract requiring insurance", the in- "written contract requiring Insurance" specifically
surance provided to the additional Insured requires that this insurance apply on a primary
shall be limited to the Iimtts of liability re- basis or a primary and noncontributory basis,
quired by that "written contract requiring in- this Insurance Is primary to "other Insurance°
surance". This endorsement shall not In- available to the additional insured which covers
crease the limits of insurance described In that person or organization as a named Insured
Section III—Limits Of Insurance. for such loss, and we will not share with that
"other insurance". But the Insurance provided to
b) The Insurance provided to the additional in- the additional Insured by this endorsement still is
sured does not apply to"bodily injury", "prop- excess over any valid and collectible "other In-
erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or
of the rendering of, or failure to render, any on any other basis, that is available to the addi-
professional architectural, engineering or sur- Clonal Insured when that person or organization Is
veying services,Including: an additional Insured under such "other insur-
I. The preparing, approving, or falling to ance".
prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the
Ings, opinions, reports, surveys, field or- additional Insured by this endorsement:
ders or change orders, or the preparing, a) The additional insured must give us written
rove,drawings approving, falling to fic tare or dp• notice as soon as practicable of an "occur-
rence"specifications; or an offense which may result in a
II. Supervisory, inspection, architectural or claim. To the extent possible, such notice
engineering activities. should Include:
CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2
COMMERCIAL GENERAL LIABILITY -"
I. How, when and where the "occurrence' any provider of"other Insurance'which would
or offense took place; cover the additional insured for a loss we
II. The names and addresses of any Injured cover under this endorsement However, this
persons and witnesses;and condition does not affect whether the insur-
ance provided to the additional insured by
III. The nature and location of any Injury or this endorsement is primary to "other Insur-
damage arising out of the"occurrence"or ante available to the additional Insured
offense. which covers that person or organization as a
b) If a claim Is made or "suit Is brought against named Insured as described in paragraph 3.
the additional insured, the additional Insured above.
must: 5. The following definition is added to SECTION V.
I. Immediately record the specifics of the —DEFINITIONS:
claim or"suit"and the date received;and 'Written contract requiring Insurance" means
II. Notify us as soon as practicable. that part of any written contract or agreement
The additional insured must see to it that we under which you are required to itio a
person or organization as an additional In-
receive written notice of the claim or"suit as sured on this Coverage Part, provided that
soon as practicable. the "bodily Injury" and"property damage"oc-
c) The additional Insured must immediately curs and the "personal injury"is caused by an
send us copies of all legal papers received in offense committed:
connection with the claim or"suit",cooperate a. After the signing and execution of the
with us in the investigation or settlement of contract or agreement by you;
the claim or defense against the "suit, and b. While that part at the contract or
otherwise comply with all policy conditions. b. Is In effect;and
d) The additional insured must tender the de-
fense c. Before the end of the policy period.
and indemnity of any claim or "suit'to
Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CO D2 48 08 05
INSURED:MSL ELECTRIC,INC.
POLICY NUMBER:DT22CO7757P088TCT14- —POLICY TERM:04101H4.04101/15 COMMERCIAL GENERAL LIABILITY
BLANKET WAIVER OF SUBROGATION
by any ordinance, law or building code to include (ii) A manager of any limited liability
as an additional insured on this Coverage Part is company;or
an insured, but only with respect to liability for (III)An executive officer or director of
"bodily Injury", "property damage", "personal in- any other organization;
jury"or"advertising injury' arising out of such op- that Is your partner, joint venture
erations. member or manager;or
The insurance provided to such state or political (b) Any -employee" authorized by such
subdivision does not apply to: partnership, Joint venture, limited li-
e. Any "bodily Injury," "property damage,' "per- ability company or other organization
sonal injury' or'advertising injury"arising out to give notice of an 'occurrence' or
of operations performed for that state or po- offense.
litical subdivision;or (3) Notice to us of such"occurrence"or of an
b. Any "bodily injury" or "property damage- In- offense will be deemed to be given as
eluded in the "products-completed operations soon as practicable if it is given in good
hazard". faith as soon as practicable to your work-
J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation Insurer. This applies
RENCE OR OFFENSE only if you subsequently give notice to us
of the"occurrence"or offense as soon as
The following is added to Paragraph 2., Duties In
The Event of Occurrence, Offense, Claim or practicable after any of the persons de-
Suit, of SECTION IV - COMMERCIAL GEN- scribed in Paragraphs e.(1) or(2)above
ERAL LIABILITY CONDITIONS: discovers that the"occurrence"or offense
may result in sums to which the insurance
e. The following provisions apply to Paragraph provided under this Coverage Part may
a.above, but only for the purposes of the In- appy.
surance provided under this Coverage Part to However, If this Coverage Part includes an en-
you or any insured listed in Paragraph 1.or 2.
dorsement that provides limited coverage for
of Section 11-Who Is An Insured: "bodily Injury" or -property damage- or pollution
(1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es-
tense must be given as soon as practice- cape of"pollutants"which contains a requirement
ble only after the"occurrence" or offense that the discharge, release or escape of "pollut-
Is known by you (If you axe an individual), ants" must be reported to us within a specific
any of your partners or members who is number of days after its abrupt commencement,
an individual (if you are a partnership or this Paragraph e. does not affect that require-
joint venture), any of your managers who ment.
is an individual(If you are a limited liability K. UNINTENTIONAL OMISSION
company), any of your 'executive off i-
cers'or directors (if you are an organiza- The following Is added to Paragraph Ii., Migra-
tion other than a partnership,joint venture sentations, of SECTION IV - COMMERCIAL
or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS:
ployee' authorized by you to give notice The unintentional omission of, or unintentional
of an"occurrence"or offense. error in, any Information provided by you which
(2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju-
limited liability company, and none of your dice your rights under this insurance. However,
partners, joint venture members or man- this provision does not affect our right to collect
agars are Individuals, notice to us of such additional premium or to exercise our rights of
'occurrence or offense must be given as cancellation or nonrenewal In accordance with
soon as practicable only after the"occur- applicable Insurance laws or regulations.
rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION
(a) Any individual who is: The following is added to Paragraph 8.,Transfer
(I) A partner or member of any part- Of Rights Of Recovery Against Others To Us,
nershlp or Joint venture; of SECTION IV-COMMERCIAL GENERAL L-
ABILITY CONDITIONS:
CG D3 1811 11 m 2011 The Travelers Indemnlly Company.All rights reserved. Page 5 of 13
COMMERCIAL GENERAL LIABILITY
If the Insured has agreed in a contract or agree- 3. "Bodily injury' means bodily Injury, mental
ment to waive that insured's right of recovery anguish,mental Injury,Shock,fright,disability,
against any person or organization, we waive our humiliation, sickness or disease sustained by
right of recovery against such person or organiza- a person, Including death resulting from any
Lion,but only for payments we make because of: of these at any time.
a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS
cuts;or 1. The following replaces Paragraph c. of the
b. "Personal Injury" or "advertising injury" definition of Insured contract" In the DEFINI-
caused by an offense that Is committed; TIONS Section:
subsequent to the execution of that contract or c. Any easement or license agreement;
agreement. 2. Paragraph f.(1) of the definition of "Insured
M. AMENDED BODILY INJURY DEFINITION contract" In the DEFINITIONS Section is de-
leted.
The lollowing replaces the definition of "bodily
injury"in the DEFINITIONS Section:
Page 6 of 8 ®2411 The Tmvelem Indemnity Company.All rights reserved. CG 03 16 11 11
TRAVELERS WORKERS COMPENSATION
AND
OM TOUR SWAM EMPLOYERS LIABILITY POLICY
HARTFORD, CT 06183
ENDORSEMENT WC990376( A)- 001
POLICY NUMBER: (DTJUB-7757P08-8-14)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT-CALIFORNIA
(BLANKET WAIVER)
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.
The additional premium for this endorsement shall be 02.000 %of the California workers'compensation pre-
mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR
WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED
PRIOR TO LOSS TO FURNISH THIS
WAIVER.
•
This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise
stated.
(The Information below Is required only when this endorsement Is issued subsequent to preparation of
the policy.)
Endorsement Effective 04/01/2014 Policy No. (DTJUH-7757P08-8-14) Endorsement No.
Insured ESL ELECTRIC, INC. Premium
Insurance Company Countersigned by -
TRAVELERS PROP CAS CO or A11ER
DATE OF ISSUE: 03-31-14 ST ASSIGN: Page 1 of 1