HomeMy WebLinkAboutC-28811 1 66 to / C 2 W-q
RIGHT OF ENTRY PERMIT
This Right of Entry Permit ( "Permit "), is made and entered into this 2::1 day
of _O 2014, by and between the City of Arcadia, a California charter city and
municipal corporation ( "Permittor ") and Motorola Solutions, Inc., a Delaware corporation
( "Permittee ").
RECITALS
A. Permittor is the owner of certain real property located at 250 W.
Huntington Drive Arcadia, CA 91007 , as identified in Exhibit A, attached hereto and
incorporated herein by reference (the "Property "); and
B. Permittee desires to enter onto the Property for the purpose of conducting
site surveying and geotechnical /geological site surveying and sampling work, as part of
the architectural and design work for the Los Angeles Regional Interoperable
Communications System Authority's ( "LA -RICS Authority ") LMR and PSBN projects;
and
C. Permittor wishes to permit Permittee to enter the Property for the above
purposes subject to the terms and conditions of this Permit; and
D. Permittor and Permittee may separately negotiate a site access
agreement regarding the construction and operation related to the LA -RICS Authority's
projects. This Permit does not include a right to engage in any such construction or
operation.
NOW THEREFORE, in consideration of the foregoing recitals, which are hereby
deemed a contractual part hereof, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, this Permit is issued subject
to the following conditions:
1. RIGHT OF ENTRY; PURPOSE: The Permittor hereby grants Permittee,
and its subcontractors, agents, and representatives, a non - exclusive right to enter upon
the Property at all reasonable times for the following limited purposes: Conducting site
surveying and geotechnical /geological site surveying and sampling work, as part of the
architectural and design work for the Los Angeles Regional Interoperable
Communications System Authority's ( "LA RICS Authority ") LMR and PSBN projects.
This work includes conducting metes and bounds survey work, Underground Mark Out
Service (Dig Alert) surveying; boring and soil sampling to test soil conditions; tower
climbing to document existing tower conditions and equipment (if needed and called for
by contemplated design); and surveying of affected rooftops of buildings (if needed and
called for by contemplated design) ( "Purposes "). These limited Purposes are described
in more detail in Exhibit B, attached hereto and incorporated herein by reference.
Access to the Property shall be subject to the following conditions:
(a) Permittee will permit only licensed and responsible contractors,
consultants or other responsible individuals to enter upon the Property.
(b) Prior to the expiration of this Permit, Permittee shall promptly
restore any portions of the Property damaged by Permittee or its contractors to
substantially the condition it was in prior to any damage caused by Permittee.
(c) All tools, equipment, and other property taken onto or placed upon
the Property by Permittee, its subcontractors, agents, and representatives, shall be
removed upon expiration of this Permit. Permittee is solely responsible to Permittor for
securing any tools, equipment, and other chattel on the Property.
(d) Any property of Permittor damaged or destroyed by Permittee, or
its subcontractors, agents, and representatives, incident to the exercise of the privileges
herein granted, shall be promptly repaired or replaced by Permittee.
2. TERM: This Permit shall commence upon execution by the Permittor
and expire one year thereafter.
3. LIENS: Permittee shall not permit to be placed or remain against the
Property, or any part thereof, any design professionals', mechanics', materialmen's,
laborers' contractors' or subcontractors' liens with regard to Permittee's actions upon
the Property under this Permit. Permittee agrees to hold Permittor harmless from and
against any loss or expense, including, without limitation, reasonable attorneys' fees
and costs, arising from or related to any such liens.
4. COMPLIANCE WITH LAWS AND PERMITS: Permittee shall, in all
activities undertaken pursuant to this Permit, comply, and require that its
subcontractors, agents, and representatives comply, with federal, state and local laws,
statutes, orders, ordinances, rules, regulations, plans, policies and decrees, as
applicable. Without limiting the generality of the foregoing, Permittee, at its sole cost
and expense, shall obtain, or require to be obtained, any and all permits which may be
required by any law, regulation or ordinance for any activities Permittee desires to
conduct or have conducted pursuant to this Permit.
5. CONSIDERATION: Consideration for this Permit shall be
Permittee's faithful performance of its obligations under this Permit.
6. INSURANCE: Permittee shall maintain the insurance types and
amounts required by the Agreement dated March 6, 2014 between LA RICS Authority
and Permittee for the Los Angeles Regional Interoperable Communications System -
Public Safety Broadband Network (Agreement No. LA -RICS 008), which insurance
covers the work contemplated in this Permit. The foregoing contractual requirements
are attached as Exhibit C and are fully incorporated herein.
7. INDEMNIFICATION: Permittee agrees to indemnify, defend, and
hold harmless Permittor and its officials, officers, employees, agents and
representatives from and against any and all actions, claims, obligations, liabilities,
suits, damages, fines or penalties (collectively, "Claims ") directly resulting from or
arising out of injury or death of any person, damage or loss to any property, any non-
compliance with any federal, state or local laws or regulations, Permittee's entry onto or
operations on the Property, the fulfillment of the Purposes by Permittee or its
subcontractors, agents, and representatives, except to the extent that such Claims
result from the negligence or willful misconduct of Permittor or Permittor's employees,
agents or contractors. The obligations set forth in this paragraph shall survive
termination, expiration, or revocation of this Permit.
Permittee shall require that all of its contractors agree to indemnify defend, assume all
liability for and hold harmless Permittor and its officials, officers, employees, agents and
representatives from all actions, claims, suits, penalties, obligations, liabilities, damages
to property, environmental claims or injuries to persons, to the extent they may be
caused by that contractor's activities pursuant to this Permit or arising out of or in
connection with such activities, whether such activities or performance thereof is by
that contractor, or anyone directly or indirectly employed or under subcontract with that
contractor, and whether such damage or claim shall accrue or be discovered before or
after the expiration of this Permit. Permittee shall also require that each contractor
agree that the indemnity and other rights afforded to Permittor by this section as
against contractor shall also survive the revocation, expiration, or termination of this
Permit.
8. NO ASSIGNMENT: This Permit shall not, nor shall any interest
therein or thereunder, be assigned, mortgaged, hypothecated, or transferred by
Permittee, whether voluntary or involuntary or by operation of law, nor shall Permittee
let or sublet or grant any license or permit with respect to the use permitted hereby
without the written consent of the Permittor being first obtained.
9. NO REAL PROPERTY INTEREST: It is expressly understood that
this Agreement does not in any way grant or convey any permanent easement, lease,
fee or other interest in the Property to Permittee.
10, WAIVER. No failure by either party to insist upon strict performance of
any term or condition of this Permit will constitute a waiver of such term or condition or
of a breach thereof. Any such waiver must be in writing and signed by the waiving
party.
11. MODIFICATION. This Permit may be modified and amended only in
writing signed by a duly authorized representative of each of the respective parties
hereto.
12. INTERPRETATION. This Permit will be construed in accordance
with the internal laws of the State of California and any action to enforce the terms of
this Agreement must be brought in the County of Los Angeles, State of California.
13. SEVERABILITY. If any one or more of the provisions of this Permit
shall be held by court of competent jurisdiction to be void, voidable, or unenforceable,
such provision(s) shall be deemed severable from the remaining provisions of this
Permit and shall not affect the validity of the remaining portions of this Permit.
14. AUTHORIZED REPRESENTATIVE. Each person signing on behalf of
the parties warrants that he /she is the authorized representative of the party for whom
he /she is signing and has been expressly authorized to bind that party to this Permit
and will provide proof of such authority if requested.
15. NOTICES: Any notice desired or required to be given pursuant to this
Permit or any law applicable thereto may be placed in a sealed envelope, with postage
paid, addressed to the person on whom it is to be served, and deposited in a post office,
mailbox, sub post office, substation or mail chute, or other like facility regularly
maintained by the United States Postal Service.
The address to be used for any notice served by mail shall be:
Permittor:
City of Arcadia
Attention: City Manager
240 W. Huntington Drive
Arcadia, CA 91007
Permittee:
Motorola Solutions, Inc.
725 S. Figueroa Avenue
Suite 1855
Los Angeles, CA 90017
Attention: Jim Hardimon, Motorola Project Director
E -mail: j. hard imon (aDmotorolasolutions.com
Telephone: (213)362 -6706
Either party may designate another address for service of notice by informing the other
in writing. Service by mail shall be deemed complete upon deposit in the above -
mentioned manner.
16. EXECUTION: This Permit may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute
one and the same instrument.
17. ENTIRE AGREEMENT: This Permit contains the entire agreement
between the parties hereto with respect to the subject matter hereof, and no addition or
modification of any terms or provisions shall be effective unless set forth in writing,
signed by both Permittee and the Permittor.
IN WITNESS WHEREOF, Permittee has executed this Permit or caused it to be
duly executed and Permittor has caused this Permit to be executed on the date first set
forth above.
PERMITTOR
City of Arcadia
Iy. �,
D•t l I I - •
City Manager
Date: Z7 2a I
ATTEST:
Wry JA I I'A
By: .
Citi Jerk
APPROVED AS TO FORM:
By:
Stephen P. Deitsch
City Attorney
PERMITTEE
Motorola Solutions, Inc.
Hardimon
zProject Director
Date:
EXHIBIT A
PROPERTY DESCRIPTION
[INSERT DESCRIPTION OF PROPERTY]
EXHIBIT A
City of Arcadia - MN
Is" ID (Facility Name [organization (Address Line (City I State (Zip Code[ Parcel Owner
ARCPDOS Arcadia PD City of Arcadia Police Dept 250 W Huntington Dr Arcadia CA 91007 City of Arcadia
Whibit A, City of Arcadia ARCPD01 - PSBN Sit,$ 5 -13 -14 1 of 1
EXHIBIT B
PURPOSES OF ENTRY
60 Day Plan:
Perform first round of site walks to develop sketches depicting proposed
locations for equipment and monopole
• Perform second round of site walks to perform 2C FAA certification, topographic
report, and mark area for Dig Alert.
• Begin LOS surveys
o Number of LOS surveys will depend on Authority approval of sketches for
both ends of the path
Begin next round of site visits to perform ciccirical load studies, revicvv location
for new electrical service, Geo Tech and soil resistivity, and Hazardous material
investigation.
o Number of site visits will depend on number of sites that will be "Zoning
Exempt"
Site Visit 1 Detail (80% of proposed sites)
o Authority Pre -visit Requirements-
o Advanced notice to Permittor
• Site Visit Participants:
• GD Construction Manager
• GD A &E Firm
• Motorola RF Engineer (for initial walks and as required)
• Motorola PM (for initial walks and as required)
• Agency Rep (Signing authority /Decision maker)
• Authority Rep
• Purpose of visit:
• Identify equipment and monopole location(s).
• Determine constructability, available electrical source
• Obtain LAT /LONG /AMSL with handheld GPS for Tower location(s)
• Identify if microwave path is blocked and potential coverage impacts
• A &E will identify setback restrictions, informal sketch (not to scale) with
approximate distances showing locations for equipment and monopole
• Duration: approximately 1.5 hours per site visit
• Schedule: Mon - Thurs 7 AM to 4 PM
• Outcome:
o Site Package containing site sketch with preferred location(s) that
captures information for Authority review based on feedback from Agency
Reps onsite during site walk.
• Authority Decision Point prior to next step:
o NTP from Authority to proceed with 2C, Topo and boundary, and zoning
drawings within 2 -3 days of delivery of package (based on site
discussions)
Site Visit 2 Detail (80% of proposed sites)
Authority Pre -visit Requirements:
• Authority NTP and Title Rcpor'i (Property boundaries and existing
easements)
• Advanced notice to Permittor.
• Site access clearance (letter), Local site contact information to coordinate
services. No escorts required
• Location needs to be approved in order to proceed with Survey and
staking tower location for Geo reports.
• Site Visit Participants:
• GD Construction Manager
• GD Surveyor
o Purpose of visit:
o Survey site in preparation for 2C FAA certification
• Survey site to complete Topographic report for close out package to start
A &E ZD /CD process (to scale)
• Mark out area for "Dig Alert" with White Spray paint. Area to be marked
for Driller (Geo Reports)
Duration: approximately 2 -4 hours per site visit for surveyor
o Schedule: Mon - Thurs 7 AM to 4 PM
• Outcome:
o GD will obtain 2C FAA certification
• Survey & Topographic Report.
• Zoning Drawings
• Authority Decision Point prior to next step:
o NTP from Authority to proceed with zoning submittal approvals (75%
completion of drawing)
Site Visit 3 (LOS Survey)
• Authority Pre -visit Requirements:
• Authority NTP and Title Report
• Advanced notice to Permittor
• Access to both ends of path for Line of Sight survey
• Antenna locations approved
• Site access clearance (letter), No escorts required
• Site Visit Participants:
• LOS engineer
• Motorola RF Engineer
• Purpose of visit:
o Survey path at both ends to confirm LOS
• Duration: about 3 -4 hours per site for LOS engineer,
• Schedule: Mon -Fri 7 AM to 4 PM
• Outcome:
o LOS site report
• Antenna center location and azimuth
• Unavailable paths
• Authority Decision Point prior to next step:
o For paths that are not available Authority will determine if fiber is an option
or site will be eliminated
Site Visit 4 Detail (80% of proposed sites)
• Authority Pre -visit Requirements:
o Site access clearance (letter), No escorts required
• Advanced notice to Permittor
• Site location approval
• NTP to proceed for additional services (Geo Report, Tower Foundation
Design, Etc.)
Site Visit Participants-.
• GD Conctruction Manager
• GD A &E firm
• GD Geotechnical Drill team
• Electrical Utility Rep
Purpose of visit --:
• Walk site with Power company once application is submitted for new
electrical service
• Hazardous material investigation
• GeoTech and soil resistivity. Approximately 4 hours
• Drill rig operator and soils engineer with GD Construction manager
• Electrical Load study. Requires 2 visits
• Duration: Requires 8 hours per visit
• Schedule: Mon - Thurs 7 AM to 4 PM
• Outcome:
o Electrical design
• Geo Soil Report
• Soils Resistivity Report
• Authority Decision Point prior to next step: Construction package review and
approval.
EXHIBIT C
INSURANCE PROVISIONS
INSURANCE PROVISIONS FROM AGREEMENT NO. LA -RIGS 008 ATTACHED
Agreement No. LA -RICS 008
22. Insurance and Bonds
22.1. General Insurance Provisions
Without limiting Contractor's indemnification and defense obligations under and in accordance
with Section 21 (Indemnification), and in the performance of this Agreement and until all of its
obligations pursuant to this Agreement have been met, Contractor shall provide and maintain at
its own expense insurance coverage satisfying the requirements specified in this Section. These
minimum insurance coverage terms, types and limits (in this Section 22, "Required Insurance ")
also are in addition to and separate from any other contractual obligation imposed upon
Contractor pursuant to this Agreement. The Authority in no way warrants that the Required
Insurance is sufficient to protect Contractor for liabilities which may arise from or relate to this
Agreement.
22.1.1. Evidence of Coverage and Notice
Contractor shall ensure the following insurance and coverage requirements are met for the
Authority, its Members, Users, PSBN Site lessors and licensors, elected and appointed officers,
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and their employees, contractors, and consultants associated with this PSBN Project (in this
Section 22, "Authority Insured Parties "):
(a) A certificate(s) of insurance coverage (Certificate) satisfactory to the Authority,
and a copy of an Additional Insured endorsement confirming that the Authority
Insured Parties has been given Additional Insured status under Contractor's
General Liability policy, shall be delivered to the Authority Project Director at
the address specified in Exhibit F (Administration of Agreement) and provided
prior to commencing any Work under this Agreement.
(b) Renewal Certificates shall be provided to the Authority upon or within ten (10)
Days of Contractor's policy expiration dates. The Authority reserves the right to
obtain complete, certified copies of any required Contractor and/or
Subcontractor insurance policies at any time.
(c) Certificates shall identify all Required Insurance coverage types and limits
specified herein, reference this Agreement by name or number and be signed by
an authorized representative of the insurer(s). The insured party named on the
Certificate shall match the name of Contractor identified as the contracting party
in this Agreement. Certificates shall provide the full name of each insurer
providing coverage, its NAIC (National Association of Insurance
Commissioners) identification number, the amount of any policy deductibles or
self - insured retentions exceeding fifty thousand dollars ($50,000.00) and list
any Authority required endorsement forms.
(d) Neither the Authority's failure to obtain, nor the Authority's receipt of, or failure
to object to a non - complying insurance certificate or endorsement, or any other
insurance documentation or information provided by Contractor, its insurance
broker(s) and/or insurer(s), shall be construed as a waiver of any of the
Required Insurance provisions.
(e) Contractor also shall promptly report to the Authority any injury or property
damage accident or incident, including any injury to a Contractor employee
occurring on the Authority or Member property, and any loss, disappearance,
destruction, misuse, or theft of the Authority or Member property, monies or
securities entrusted to Contractor. Contractor also shall promptly notify the
Authority of any third party claim or suit filed against Contractor or any of its
Subcontractors, which arises from or relates to this Agreement and could result
in the filing of a claim or lawsuit against Contractor and/or the Authority or any
of its Members.
22.1.2. Additional Insured Status and Scope of Coverage
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22.1.2.1. Contractor shall provide additional insured status to the Authority Insured Parties
under Contractor's General Liability policy with respect to liability arising out of
Contractor's ongoing and completed operations performed on behalf of the Authority.
The Authority Insured Parties' additional insured status shall apply with respect to
liability and defense of suits arising out of the Contractor's acts or omissions, whether
such liability is attributable to Contractor, to any Authority Insured Parties. The full
policy limits and scope of protection also shall apply to the Authority Insured Parties
as an additional insured, even if they exceed the Authority's minimum Required
Insurance specifications herein. Use of an automatic additional insured endorsement
form is acceptable providing it satisfies the Required Insurance provisions herein.
22.1.2.2. Contractor shall provide additional insured status to the Authority Insured Parties
relative to builder's risk course of construction and general liability policies for all
activities arising from this Agreement. For the general liability policy Contractor
shall provide ISO endorsement form CG 20 -10 (11185 or its equivalent) or ISO forms
CG 20 -10 (10 -01 or its equivalent) and CG 20 -3 7 (10 -01 or its equivalent) for
ongoing and completed work.
22.1.3. Cancellation of or Changes in Insurance
Contractor shall provide the Authority with, or Contractor's insurance policies shall contain a
provision that the Authority shall receive, written notice of cancellation or any change in
Required Insurance, including insurer, limits of coverage, term of coverage or policy period.
The written notice shall be provided to the Authority at least ten (10) Days in advance of
cancellation for non - payment of premium and thirty (30) Days in advance for any other
cancellation or policy change. Failure to provide written notice of cancellation or any change in
Required insurance may constitute a material breach of this Agreement, in the sole discretion of
the Authority, upon which the Authority may suspend or terminate this Agreement as provided
in this Agreement.
22.1.4. Insurer Financial Ratings
Coverage shall be placed with insurers acceptable to the Authority with A.M. Best ratings of not
less than A: VII unless otherwise approved by the Authority. Contractor will provide this
information to the Authority.
22.1.5. Contractor's Insurance Shall be Primary
Contractor's insurance policies, both primary and excess, with respect to any claims related to
this Agreement, shall be primary with respect to all other sources of coverage available to
Contractor.
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22.1.6. Waivers of Subrogation
To the fullest extent permitted by law, Contractor hereby waives its rights and its insurer(s)'
rights of recovery against the Authority or any of its Members under all the Required Insurance
for any loss arising from or relating to this Agreement. Contractor shall require its insurers to
execute any waiver of subrogation endorsements which may be necessary to effect such waiver.
22.1.7. Subcontractor Insurance Coverage Requirements
Contractor shall include all Subcontractors as insureds under Contractor's own policies.
Alternatively, shall provide the Authority with each Subcontractor's separate evidence of
insurance coverage, which indicates such policies and amounts as are approved, in advance, by
the Authority Project Director. For all Subcontractors that Contractor chooses to provide
separate evidence of insurance coverage, Contractor shall be responsible for verifying each
Subcontractor complies with the Required Insurance provisions herein and shall require that each
Subcontractor name the Authority Insured Parties, and Contractor as additional insureds on the
Subcontractor's General Liability policy. Notwithstanding anything to the contrary in this
Section 22.1.7, Contractor shall be responsible financially for the acts or omissions of each
Subcontractor under Section 21 (Indemnification).
22.1.8. Deductibles and Self - Insured Retentions
Contractor's policies shall not obligate the Authority to pay any portion of any Contractor
deductible or self - insured retention (SIR). The Authority retains the right to require Contractor
to reduce or eliminate policy deductibles and SIRS as they apply to the Authority, or to provide a
bond guaranteeing Contractor's payment of all deductibles and SIRs, including all related claims
investigation, administration and defense expenses. Such bond shall be executed by a corporate
surety licensed to transact business in the State of California.
22.1.9. Claims Made Coverage
If any part of the Required Insurance is written on a claims made basis, any policy retroactive
date shall precede the effective date of this Agreement. Contractor understands and agrees it
shall maintain such coverage for a period of not less than three (3) years following Agreement
expiration, termination or cancellation.
22.1.10. Application of Excess Liability Coverage
Contractors may use a combination of primary and excess insurance policies which provide
coverage as broad as the underlying primary policies, to satisfy the Required Insurance
provisions.
22.1.11. Separation of Insureds
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Agreement No. LA -RICS 008
All liability policies shall provide cross - liability coverage as would be afforded by the standard
ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus
insured exclusions or limitations.
22.1.12. Alternative Risk Financing Programs
The Authority reserves the right to review, and then approve, Contractor use of self - insurance,
risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to
satisfy the Required Insurance provisions. The Authority Insured Parties shall be designated as
an Additional Covered Party under any approved program.
22.1.13. Authority Review and Approval of Insurance Requirements
The Authority reserves the right to review and adjust the Required Insurance provisions,
conditioned upon the Authority's determination of changes in risk exposures. If any such change
results in an added cost to Contractor, Contractor shall be entitled to request an Amendment
pursuant to Section 2 (Changes to Agreement).
22.2. Insurance Coverage Requirements
Contractor's insurance shall include the following:
22.2.1. Commercial General Liability
General Liability insurance (providing scope of coverage equivalent to ISO policy form CG 00
O1), naming the Authority Insured Parties as an additional insured, with limits of not less than:
COVERAGE LIMIT
General Aggregate $100 million
Products/Completed Operations Aggregate $100 million
Personal and Advertising Injury $ 50 million
Each Occurrence $ 50 million
22.2.2. Builders Risk Course of Construction Insurance
Builders Risk Course of Construction insurance to insure against damage from perils covered by
the Causes -of -Loss Special Form (ISO form CP 10 30), and be endorsed to include earthquake,
flood, ordinance or law coverage, coverage for temporary offsite storage, debris removal,
pollutant cleanup and removal, preservation of property, excavation costs, landscaping, shrubs
and plants and full collapse coverage during construction (without restricting collapse coverage
to specified perils). Such insurance shall be extended to include boiler and machinery coverage
for air conditioning, heating and other equipment during testing. This policy shall be written on
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Agreement No. LA AICS 008
a completed value basis [except for the earthquake coverage which shall be based on modeling
of AIR Worldwide, RMS or EQE International using probable maximum loss (PML) with a 475
year return period] and cover the entire value of the Work including soft costs and any
Authority- or Member - furnished materials and equipment, against loss or damage until
completion and Acceptance by the Authority. This insurance shall have a deductible or self -
insured retention limit of not more than $25,000 except for earthquake coverage which shall not
exceed five percent (5 11/6) of value at risk.
22.2.3. Automotive Liability
Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA
00 01) with limits of not less than $5 million for bodily injury and property damage, in combined
or equivalent split limits, for each single accident. Insurance shall cover liability arising out of
Contractor's use of autos pursuant to this Agreement, including owned, leased, hired and/or non -
owned autos, as each may be applicable.
22.2.4. Workers' Compensation and Employers' Liability
Workers' Compensation and Employers' Liability insurance or qualified self - insurance satisfying
statutory requirements, which includes Employers' Liability coverage with limits of not less than
$1 million per accident. If Contractor will provide leased employees or is an employee leasing
or temporary staffing firm or a professional employer organization (PEO), coverage also shall
include an Alternate Employer Endorsement (providing scope of coverage equivalent to ISO
policy form WC 00 03 01 A) naming the Authority as the Alternate Employer, and the
endorsement form shall be modified to provide that the Authority will receive not less than thirty
(30) Days advance written notice of cancellation of this coverage provision. If applicable to
Contractor's operations, coverage also shall be arranged to satisfy the requirements of any federal
workers or workmen's compensation law or any federal occupational disease law.
22.2.5. Asbestos Liability or Contractors Pollution Liability Insurance
If the Work requires remediation of asbestos or pollutants or application or handling of
pollutants, the Subcontractor who will perform the work shall maintain liability insurance
coverage for personal injury and property damage arising from the release, discharge, escape,
dispersal, or emission of asbestos or pollutants, whether gradual or sudden, and include coverage
for the costs and expenses associated with voluntary clean-up, testing, monitoring, and treatment
of asbestos in compliance with governmental mandate or requests. If the asbestos or pollutant
will be removed from the construction site, asbestos or pollution liability is also required under
the Subcontractors' Automobile Liability Insurance.
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22.2.6. Umbrella / Excess Liability
Contractor may use a combination of primary, and excess insurance policies which provide
coverage as broad as ( "follow form" over) the underlying primary policies (Commercial General
Liability, Automobile Liability and Employer's Liability Insurance) for total limits of $50 million
per occurrence /$100 million annual aggregate.
22.2.7. Professional Liability / Errors and Omissions
Professional Liability / Errors and Omissions insurance covering Contractor's liability arising
from or related to this Agreement with limits of not less than $5 million per claim and $10
million aggregate. Further, Contractor understands and agrees it shall maintain such coverage
for a period of not less than three (3) years following this Agreement's expiration, termination or
cancellation.
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