Addendum 7 - 5th Street Vault

 

CERTIFICATE OF ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM

 

THE CITY OF READING

 

ADDENDUM NO. 7 RFP:             RFP – 5th Street Vault Project
  DUE DATE:   January 28, 2019
                  3:00 P.M. Prevailing Time

 

NOTICE

 

This addendum must be signed, attached to, and returned with your proposal to the City of Reading by the time and date indicated ABOVE:

 

SECTIONS OF THE 5TH STREET VAULT PROJECT HAVE BEEN REVISED BELOW

The Technical specifications have been revised by this addendum. Below are items that were revised.

 

WHEN REVIEWING THE RFP BID PLEASE APPLY THESE CHANGES TO THE CONTRACT

 

Item 1: INSURANCE

The Contractor and any and all subcontractors, at the time of execution of the contract, shall also furnish the City with insurance certificates of adequate limits, as later indicated, to protect the City of Reading, its agents, and employees and the Building Owner (The Building Owner is: Home Elite Ltd., 5P, LP, Lafayette Venture Partners, L.P., and 5th and Penn, L.P. and Pintzuk Brown Realty Group, Inc.) from any litigation involving Worker's Compensation, Public Liability and Personal Injury and Property Damage, involved in the work. All subcontractors must also furnish copies of their liability insurance and Worker's Compensation Insurance certificates to the City and the Building Owner. No subcontractor will be allowed to perform any work under this contract by the City unless such certificates are submitted to and approved by the City beforehand as set forth above.

 

WORKERS’ COMPENSATION AND PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

 

The status of the Contractor in the work to be performed by the Contractor is that of any independent Contractor and as such, he shall properly safeguard against any and all injury or damage to the public, to public and private property, materials and things, and as such he alone shall be responsible for any and all damage, loss or injury to persons or property that may arise, or be incurred, in or during the conduct or progress of said work without regard to whether or not the Contractor, his sub-contractors, agents, or employees have been negligent, and the Contractor shall keep the City and Building Owner free and discharged of and from any and all responsibility and liability therefore of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for any or all damage, loss or injury to persons or property arising out of the nature of the work from the action of the elements, or from any unforeseen or unusual difficulty. The Contractor shall assume and be liable for all blame and loss of whatsoever nature by reason of neglect or violation of any Federal, State, County or Local laws, regulations, or ordinances; the Contractor shall indemnify and save harmless the City and Building Owner from all suits or actions of law of any kind whatsoever in connection with this work and shall if required by the City or Building Owner, produce evidence of settlement of any such action before final payment.. Contractor's Liability Insurance Certificate shall include the save harmless clause and shall be filed with the City.

 

The Contractor shall maintain such insurance as will protect him from claims under worker's compensation acts and from claims for damages because of bodily injury, including death, and property damage, which may arise from and during operations under this Contract, whether such operations be by himself, by any subcontractor or anyone directly or indirectly employed by either of them. Contractor's liability insurance shall be in the names of the Contractor and the City and Building Owner, as their respective interests may appear. Certificates of such insurance shall be filed with the City Risk and Safety Manager.

 

The minimum amount of liability insurance to be maintained by the Contractor during the life of the contract shall be as follows:

 

Comprehensive General Liability – for bodily injury and property damage – including any liability normally covered by a general liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate.

 

Business Automobile Liability – For owned, non-owned, leased and hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage.

 

Professional Liability – in minimum amounts of $1,000,000 per occurrence and $2,000,000 aggregate.

 

Worker’s Compensation – Statutory limits in each state in which Service Provider is required to provide Worker’s Compensation coverage including “All States” and “Voluntary Compensation” endorsement, and a Waiver of Subrogation endorsement in favor of the County.

 

Employer’s Liability – with limits of not less than $100,000 Accident – Each Accident, $100,000 Disease – Each Employee; and $500,000 Disease – Policy Limit.

 

Prior to commencement of performance of this Agreement, Contractor shall furnish to the City and Building Owner a certificate of insurance evidencing all required coverage in at least the limits required herein, naming the City of Reading, its elected officials, agents, and employees and the Building Owner as additional insureds under the Comprehensive General Liability coverage, and providing that no policies may be modified or cancelled without thirty (30) days advance written notice to the City or the Building Owner. Such certificate shall be issued to: City of Reading, 815 Washington Street, Reading, PA 19601. All policies shall be in effect with companies holding an A.M. Best rating of “A-” or better and shall be licensed to do business in the Commonwealth of Pennsylvania. Such companies shall also be acceptable to the City.

 

Please forward a certificate of insurance verifying these insurance requirements.

 

Liability insurance shall include automobile coverage, including "hired automobiles and non- ownership automobiles."

 

Liability insurance shall include the hazard of collapse, damage to underground utilities, underground blasting, and excavation. Prior to any blasting which may be required, blasting insurance shall be obtained by the Contractor in an amount satisfactory to the City Engineer.

 

Liability insurance shall include the hazard of building collapse and of damage to adjoining properties and/or to individuals located within or adjacent to each project site.

 

All subcontractors performing work under this contract must furnish to the City a copy of their Certificate of Insurance for Workers’ Compensation and liability for bodily injury and property damage.

 

Item 2:

 

GENERAL PROVISIONS – Revised

 

 

G.20 INDEMNIFICATION OF CITY/BUILDING OWNER. In case any action at law, proceeding in eminent domain, or suit in equity may or shall be brought against the party of the first part (“City/Building Owner”), or any of its offices or agents, for or on account of the failure, omission or neglect of the Contractor or the subcontractors, his/her or their employees or agents, to do and perform any of the covenants acts, matters, or things by this contract undertaken to be done or performed by the Contractor or subcontractors, his/her or their employees or agents, or for any injury or damage caused by the negligence of the Contractor or subcontractors, his/her or their employees or agents, or for damage or injury for which the Contractor undertakes responsibility under the provisions of this contract, the Contractor shall immediately assume and take charge of the defense to such actions, proceedings or suits in like manner and to all intents and purposes, as if said actions, proceedings or suits had been brought directly against the Contractor; and the Contractor shall also indemnify and save harmless the party of the first part, its officers and agents, of and from all loss, cost or damage whatever arising out of such actions, proceedings or suits as may or shall be brought as aforesaid.

 

G.21 SUITS AND CLAIMS. The Contractor agrees to indemnify and save harmless the City of Reading, the applicable Director, the Engineer, and their assistants and Building Owner, from all suits or actions of every name and description, either in law or in equity, including proceedings in eminent domain for the recovery of consequential damages, or for or on account of use of patented appliance, brought against them or either of them, or for any damage or injuries received or

sustained by any party or parties, person or persons, natural or artificial, either in the performance or as a result of the work under this agreement, regardless of whether such suits, actions or proceedings brought are based or grounded upon negligence of the Contractor, the subcontractors, or his/her or their agents, servants or employees. The Contractor further agrees that all or as much of the monies due under this agreement as shall be or may be considered necessary by the applicable Director, shall or may be retained, without any liability of the City to the Contractor, for interest thereon because of the retention thereof, until all such suits, proceedings or claims have been settled or terminated, and satisfactory evidence to that effect furnished to the applicable Director, provided however, that no such monies shall be retained by the City after six (6) years following the completion and acceptance of the work under the contract, excepting for or on account of claims filed or suits or proceedings begun before the expiration of the applicable statute of limitations.

 

G.22 RESPONSIBILITY FOR INJURY. The Contractor shall assume all responsibility for loss, damage or injury to persons or property arising out of the nature of the work, from the actions of the elements, or from any unforeseen or unusual difficulties over which the City or Building Owner have no control, in addition to and without limiting the Contractor's liability under the other provisions of the contract.

 

This item was deleted

G.26 NIGHT WORK. No night work, except for the inspection of lighting, requiring the presence of the Engineer or Inspector will be permitted except in case of emergency, and then only with the written consent of the Engineer and to such an extent as may be judged necessary.

 

I, HEREBY CERTIFY THAT THE CHANGES COVERED BY THIS ADDENDUM HAVE BEEN TAKEN INTO ACCOUNT.

 

Firm Name (Type or Print)__________________________________________________

 

Authorized Signature_______________________________________________________

 

Title_____________________________________________________________________

 

Name (Type or Print)_______________________________________________________

 

Date_____________________________________________________________________