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SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ____ day of July 2023 (“ Effective Date ”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and BLUE FLAME CREW WEST LLC. , a California corporation, whose address is PO BOX 525, NAPERVILLE, ILLINOIS 60566 (“Provider”), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validl y existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. The City is in need of the following services for Operation a nd Maintenance of Alameda Doolittle Landfill. City staff issued an RFP on May 25, 2023 and after a submittal period of fifteen days received one timely submitted proposal. Staff reviewed the proposals, interviewed qualified firms and selected the service provider that best meets the City’s needs.
C. Provider is specially trained, experienced and competent to p erform the special services which will be required by this Agreement.
D. Whereas, the City Council authorized the City Manager to exec ute this agreement on July 18, 2023.
E. The City and Provider desire to enter into an agreement for O peration and Maintenance of Alameda Doolittle Landfill, upon the terms and conditions herein.
AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are inc orporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:
1. TERM:
The term of this Agreement shall commence on the _____ day of Ju ly 2023, and shall terminate on the ____ day of July 2028, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.
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3. COMPENSATION TO PROVIDER:
a. By the 7 th day of each month, Provider shall submit to the City an invoice for the total amount of work done the p revious month. Pricing and acco unting of charges are to be according to the fee schedule as set forth in Exhibit A and incorporated herein by this reference.
Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit A. b. Compensation for work done under this Agreement, shall not ex ceed as follows:
Cycle Base Amount CPI - 3% Contingency Total Authorized Amount
Base $133,100 $0 $0 $133,100
8/1/23 thru
6/30/24 $122,008 $0 $12,201 $134,209
FY 24/25 $133,100 $3,993.00 $13,709 $150,802
FY 25/26 $137,093 $4,112.79 $14,121 $155,326
FY 26/27 $141,206 $4,236.17 $14,544 $159,986
FY 27/28 $145,442 $4,363.26 $14,981 $164,786
5 Year Total $16,705 $69,555 $765,110
Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regardi ng the performance of this Agreement.
5. STANDARD OF CARE:
Provider agrees to perform all services hereunder in a manner c ommensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qua lified and experienced personnel who are not employed by the City.
6. INDEPENDENT PARTIES:
Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider’s se rvices. None of the benefits provided by the City to its employees, including but not limite d to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an em ployer-employee relationship
$678,849
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Operation and Maintenance of Alameda Doolittle Landfill Version 05-23-23 from any compensation due to Provi der. Payments of the above it ems, if required, are the responsibility of Provider.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all re sponsibility for verifying the i dentity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.
8. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law tha t harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, di sability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.
9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemni fy, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under thi s Agreement or out of the operations conducted by Provider even if the City is found to h ave been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of re imbursement against I ndemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.
Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful miscond uct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider’s obli gation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemn ify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
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10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the t ype, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (3). The Certificate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insuran ce covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insura nce certificate for the duration of the term of Agreement. Endorsements naming the City, its City Coun cil, boards, commissions, officials, employees, agents, and volunteers as additional insur ed shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:
Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:
Statutory coverage as required by t h e S t a t e o f C a l i f o r n i a , a s well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4 ,000,000 will be considered equivalent to the required minimum limits shown above. Provider shall also submit declarations and po licy endorsements pages. Additi onal Insured Endorsement naming the City, its City Council, boards, commissi ons, officials,
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Operation and Maintenance of Alameda Doolittle Landfill Version 05-23-23 employees, agents, and volunteers is required. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Automotive:
Comprehensive automobile liability coverage (any auto) in the f ollowing minimum limits:
Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
As to commercial general liability and automobile liability ins urance, such insurance will provide that it constitutes primary insurance with respect to c laims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:
Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider ag rees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogat ion in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to s ecure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:
The City, its City Council, boards, commissions, officials, emp loyees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be e ntitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of a n y l o s s , o r e x p e n s e o f a n y nature on this policy or any extension thereof. Any other insurance held by an additional i nsured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage unde r Provider’s policy shall be pr imary and non-contributory and
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Operation and Maintenance of Alameda Doolittle Landfill Version 05-23-23 will not seek contribution from the City’s insurance or self-in surance. Any available insurance proceeds broader than or in excess of the specified minimum ins urance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:
The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) th e minimum coverage and limits specified in this Agreement; or (2) the broader coverage and ma ximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:
If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnifie d parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted.
11. CONFLICT OF INTEREST:
Provider warrants that it is not a conflict of interest for Pro vider to perform the services required by this Agreement. Provider may be required to fill o ut a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or i ndirectly, by operation of law o r otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desire d transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of t h e i s s u e d a n d outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.
Control means fifty percent or more of the voting power of Provider.
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13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub- providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be required to furnish proof of work ers’ compensation insurance and shall also be required to carry general, automobi le and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub-providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Sec tion 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.
14. PERMITS AND LICENSES:
Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.
15. REPORTS:
a. Each and every report, draft, work product, map, record and o ther document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any indiv idual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.
16. RECORDS:
a. Provider shall maintain complete and accurate records with re spect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the C ity that relate to the performance of the services and tasks under this Agreement (collectively the “Records”).
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Operation and Maintenance of Alameda Doolittle Landfill Version 05-23-23 b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow insp ection of all proceedings and activities related to this Agreement. Such Records, together w ith supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necess ary due to concerns raised by the City’s preliminary examination or audit of record s, and the City’s supplemental examination or audit of the records discloses a failure to adhe re to appropriate internal financial c o n tr o ls , o r o th e r b r ea c h o f th is Ag r ee me n t o r f ailu r e to a c t in good faith, then Provider shall reimburse the City for all reas onable costs and expenses associ ated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; o r (ii) sent by registered, express, or certified mail, with return receipt requested or wi th delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or sam e day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earl ier to occur of: (x) actual delivery or the date on which delivery is refused; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the man ner described above (Sundays and City holidays excepted).
c. Either party may, at any time, c hange its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Mike Billington, Facilities Manager
Ph: (510) 747-7947 / Email: [email protected]
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
Blue Flame Crew West. LLC.
P O Box 525
Naperville, IL 60566
ATTENTION: Dan Sawyer, Vice President of Construction
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Operation and Maintenance of Alameda Doolittle Landfill Version 05-23-23 Ph: (630) 225-4286 / Email:
f. All updated insurance certifi cates from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
ATTENTION: Jeanette Navarro, Engineering Office Assistant Ph: (510) 747-7932 / Email: [email protected]
18. SAFETY:
a. Provider will be solely and co mpletely responsible for conditions of all vehicles owned or operated by Provider, including the safety of all pers ons and property during performance of the services and tasks under this Agreement. Th is requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements w ill be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notif y the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occ urs in connection with the performance of this Agreement. Provider will promptly submit t o the City a written report of all incidents that occur in connecti on with this Agreement. This r eport must include the following information: (i) name and address of injured or deceased person (s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) b usiness days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option , at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for con venience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned
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Operation and Maintenance of Alameda Doolittle Landfill Version 05-23-23 and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.
20. ATTORNEYS’ FEES:
In the event of any litigation, including administrative procee dings, relating to this Agreement, including but not limited to any action or suit by a ny party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.
21. HEALTH AND SAFETY REQUIREMENTS.
Provider acknowledges that the Ci ty shall have the right to imp ose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.
22. COMPLIANCE WITH ALL APPLICABLE LAWS:
During the term of this Agreement, Provider shall keep fully in formed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any j urisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may d irect the application of laws of another jurisdiction. The Agreeme nt and obligations of the par ties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisd iction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.
24. WAIVER:
A waiver by the City of any breach of any term, covenant, or co ndition contained herein shall not be deemed to be a waive r of any subsequent breach of t h e s a m e o r a n y o t h e r t e r m , covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Sec tion 30, the Recitals and exhibit s are a material part of this Agreement and are expressly incorporated herein. This Agreemen t represents the full and complete understanding of every kind or nature whatsoever betwe en the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or na ture are merged herein. No
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Operation and Maintenance of Alameda Doolittle Landfill Version 05-23-23 verbal agreement or implied cove nant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.
26. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
Effective January 1, 2015, no Contractor or Subcontractor may be listed on a bid proposal for a public works project (submitted after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 ( with the limited exceptions from this requirement for bid purposed only under Labor code Section 1771.1(a)). Register at https://efiling.dir.ca.gov/PWCR
No Contractor or Subcontractor may be awarded a contract for pu blic work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
This project is subject to compliance monitoring and enforcemen t by the Department of Industrial Relations.
The Prime Contractor is required to post job site notices prescribed by regulations. See 8 Calif. Code Regulation §16451(d).
Effective April 1, 2015, All Cont ractors and Subcontractors mus t furnish electronic certified payroll records directly to the Labor Commissioner at :
https://apps.dir.ca.gov/ecpr/das/altlogin
27. REGISTRATION OF CONTRACTORS:
Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professional Code of the State of California.
28. PCC SECTION 9204 SUMMARY - CLAIMS SUBMITTED BETWEEN 01-01-2017 AND 01-01-2027.:
Notwithstanding anything else to the contrary stated in the Inf ormation For Bidders (IFB) or the Contract Documents, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 shall be governed by PCC Section 9204 and this section.
The following provisions and procedures shall apply:
A. For the purposes of this secti on, the term “Claim”, “Contract or”, “mediation”, “Public Entity” “Public works project” and “Subcontractor” shall have t he meaning provided for in PCC Section 9204.
B. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with PCC Section 9204. C ontractor must include reasonable documentation to support each claim.
C. Upon receipt of a Claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written state ment what portions of the claim are
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Operation and Maintenance of Alameda Doolittle Landfill Version 05-23-23 disputed and undisputed. Undisput ed portions of the Claim shal l be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest t 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.
D. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to PCC Section 9204(d)(1)(C).
E. If the City fails to timely respond to a Claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via r egistered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
F. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues r emaining in dispute and that portion which is undisputed. Undisputed portions of the Claim shall be process and paid within 60 days of the written statemen t. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The i ssues remaining in dispute shal l be submitted to non-binding mediation. If the City and Cont ractor mutually agree on a medi ator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all c osts associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.
G. Unless otherwise agreed by the City and Contractor, any media tion conducted hereunder shall excuse any further oblig ation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.
H. The City reserves all rights and remedies that it has pursuant to the Construction Contract, plans and specification, at law or in equity which are not in conflict with PCC 9204.
This Section shall be automatically extended if legislation is lawfully passed which extends the terms of Public Contract Code Section 9204 beyond January 1, 2027.
29. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
30. COUNTERPARTS:
This Agreement may be executed in any number of counterparts (i ncluding by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
31. SIGNATORY:
By signing this Agreement, signatory warrants and represents th at they executed this Agreement in their authorized capacity and that by their signat ure on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
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32. CONTROLLING AGREEMENT:
In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Operation and Maintenance of Alameda Doolittle Landfill Version 05-23-23 IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
BLUE FLAME CREW WEST, LLC. CITY OF ALAMEDA
a limited liability corporation a m u n i c i p a l c o r p o r a t i o n Timothy Boos Jennifer Ott
P r e s i d e n t C i t y M a n a g e r
R E C O M M E N D E D F O R A P P R O V A L
Randy Masukawa
Secretary
Erin Smith
Public Works Director
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
INSR ADDL SUBR
LTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
$
PRO-
OTHER:
LOCJECT
COMBINED SINGLE LIMIT
$(Ea accident)
BODILY INJURY (Per person) $ANY AUTO
OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
AUTOS ONLY
HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
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 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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 THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
Crum & Forster Specialty Ins Co
Carolina Casualty Insurance Co.
StarNet Insurance Company
Depositors Insurance Company
11/10/2022
MJ Insurance, Inc.
PO Box 3430
Carmel, IN 46082-3430
317 805-7500
MJ Insurance, Inc.
317 805-7542 317 805-7515
[email protected]
Blue Flame Crew West, LLC
P.O. Box 525
Naperville, IL 60566
44520
10510
40045
42587
AX
X
XX
Y Y EPK141751 11/10/2022 11/10/2023 1,000,000
100,000
10,000
1,000,000
2,000,000
2,000,000
D
X
XX
X
PHYS DAMAGE
Y Y BAPD3028999043
COMP/COLL DED:
11/10/2022
$1,000
11/10/2023 1,000,000
A
X
X
X0
YY EFX121585 11/10/2022 11/10/2023 SEE DOO
SEE DOO
B
C N
Y
Y
KEY0145668
KEY0145669
3A STATES INCL:
3C STATES EXCL:
11/10/2022
11/10/2022
SEE DOO
ND OH WA
11/10/2023
11/10/2023
WY
X
1,000,000
1,000,000
1,000,000
A POLLUTION
ERRORS & OMISSION
YY
Y
EPK141751 11/10/2022 11/10/2023
PROFESS'L
$1,000,000/DED: $5,000
$1,000,000/DED: $10,000
RETRO DATE: 5/10/2013
WORK COMP 3A STATES INCLUDE:
POLICY #KEY0145668 AR,AL,FL,GA, IL,IN,KY,MI,MO,NC,SC,TN POLICY #KEY0145669 CA
EXCESS LIABILITY LIMITS: $10,000,000 AGG/$10,000,000 OCC: Extends over Commerical General (See Attached Descriptions)
City of Alameda
Public Works Department
1616 Fortmann Way
Alameda, CA 94501
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#S1467911/M1467206
BLUEFLA1Client#: 18173
COL
1 of 2
#S1467911/M1467206
SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
Liability, Contractor's Pollution Liability, Errors & Omissions Liability and Employers Liability; $5,000,000 AGG/$5,000,000 OCC: Extends over the Automobile Liability.
The additional insured and waiver of subrogation boxes above are marked based on the policy information shown below.
The Certificate Holder and others as defined in the written agreement and the General Liability additional insured Endorsements EN0111 02/11 and EN0320 02/11 (see attached endorsements), Automobile Liability Endt AC7005 03/16, and Pollution Liability Endt EN0111 02/11 are included as additional insured subject to the terms, conditions and exclusions on the policies.
Waiver of Subrogation applies to the Certificate Holder and others when required by written contract or agreement, as permitted by law, and per General Liability Endorsement EN0349 02/17, Automobile Liability Endt AC7005 03/16, Workers Compensation Endt WC000313 04/84, Workers Compensation Endt WC040306 04/84 (CA operations), Pollution Liability Endt EN0109 02/11, and Errors and Omissions Liability Endt EN0109 02/11 subject to the terms, conditions and exclusions on the policies.
Primary & Noncontributory applies to the Certificate Holder and others when required by written contract or agreement and per General Liability per Endorsement EN0119 02/11, Automobile Liability Endt AC7005 03/16, and Pollution Liability Endt EN0119 02/11 subject to the terms, conditions and exclusions on the policies.
Umbrella/Excess coverage extends over general liability, automobile liability, employers liability, contractors pollution liability and errors & omissions liability and is form following subject to the terms, conditions and exclusions on the policy.
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#S1467911/M1467206
EN0111-0211 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) or Organization(s) SECTION III – WHO IS AN INSURED within the Common Provisions is amended to include as an addit ional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by “your work” for that insured which is performed by you or by those acting on your behalf.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
This page has been left blank intentionally.
EN0320-0211 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Person(s) or
Organization(s):
Location And Description Of Completed
Operations
Where Required by Written Contract Where Required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III – Who Is An Insured within the
Common Provisions is amended to include as
an insured the person(s) or organization(s)
shown in the Schedule, but only with respect to
liability for “bodily injury” or “property damage”
caused, in whole or in part, by “your work” at
the location designated and described in the
schedule of this endorsement performed for
that additional insured and included in the
“products-completed operations hazard”.
This page has been left blank intentionally.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFERoF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person(s)or Organization(s)
Blanket when specifically required in a written contract with the named insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section VI -Common Conditions, paragraph 17. Transfer Of Rights Of Recovery Against Others To Us within theCommon Provisionsis amended by the addition of the following:
We waive any rightof recovery we may have against the personor organization shown in the Schedule above becauseof payments we make for injury or "damages" arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to theperson or organization shown in the Schedule above.
ALL OTHER TERMSAND CONDITIONS OFTHE POLICY REMAIN UNCHANGED.
EN0349-0217 Page 1 of 1
CRUM&FORSTER"
A FAIRFAX CompAnnr
THIS ENDORSEMENT CHANGESTHE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) or Organization(s) Blanket when specificallyrequired in awritten contract with the named insured.
SECTION III-WHO IS AN INSUREDwithin the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shownabove, but only with respect to liability caused, in wholeor in part, by"your work" for that insured which is performed byyou or by those acting on your behalf.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAINUNCHANGED.
EN0111-0211 Page 1 of 1
COMMERCIAL AUTO
AC 70 05 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO PROTECTION - GOLD
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired or Formed Entities
C. Employees as Insureds – Nonowned Autos
D. Additional Insured by Contract, Permit or Agreement
E. Supplementary Payments – Bail Bonds
F. Supplementary Payments – Loss of Earnings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
I. Fellow Employee – Officer, Managers and Supervisors
J. Hired Auto Physical Damage
K. Temporary Substitute Autos – Physical Damage Coverage L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts – Leased Private Passenger Types O. Deductible Amendments
P. Rental Reimbursement Coverage
Q. Expanded Transportation Expense
R. Extra Expense – Stolen Autos
S. Physical Damage Limit of Insurance
T. New Vehicle Replacement Cost
U. Physical Damage Coverage Extension
V. Transfer of Rights of Recovery Against Others To Us
W. Section IV – Business Auto Conditions – Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory
Y. Emergency Lock Out
Z. Cancellation Condition
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AC 70 05 03 16
If specifically required by the written contract orA. EFFECT OF THIS ENDORSEMENT agreement referenced in the paragraph above,Coverage provided under this policy is modified any coverage provided by this endorsement toby the provisions of this endorsement. If there an additional insured shall be primary andis any conflict between the provisions of this any other valid and collectible insurance avail-endorsement and the provision(s) of any state- able to the additional insured shall be non-specific endorsement also attached to this poli- contributory with this insurance. If the writtency, then the provision(s) of the state-specific contract does not require this coverage to beendorsement shall apply instead of the provi- primary and the additional insured’s coverage tosions of this endorsement that are in conflict, be non-contributory, then this insurance will bebut only to the extent of the conflict, and only toexcess over any other valid and collectible insur-the extent necessary to bring such provisions ance available to the additional insured.into conformance with the state requirement(s) contained in the provision(s) of the state-specific
endorsement. E. SUPPLEMENTARY PAYMENTS – BAIL
BONDSB. NEWLY ACQUIRED OR FORMED ENTITIES
Supplementary Payments of SECTION II –The Named Insured shown in the Declarations is COVERED AUTOS LIABILITY COVERAGE isamended to include any organization you newly revised as follows:acquire or form, other than a partnership, joint venture, or limited liability company, and over (2) Up to $2,500 for cost of bail bonds (including which you maintain ownership or majority (more bonds for related traffic law violations) than 50%) interest; if there is no other similar in- required because of an “accident” we cover. surance available to that organization. Coverage We do not have to furnish these bonds.th under this provision is afforded until the 180 F. SUPPLEMENTARY PAYMENTS – LOSS OFday after you acquire or form the organization orEARNINGSthe end of the policy period, whichever is later.
Supplementary Payments of the SECTION II –C. EMPLOYEES AS INSUREDS – NONOWNED COVERED AUTOS LIABILITY COVERAGE isAUTOS revised as follows:
The following is added to paragraph A.1. Who Is(4) All reasonable expenses incurred by the “in-An Insured of SECTION II – COVERED AUTOS sured” at our request, including actual lossLIABILITY COVERAGE: of earnings up to $500 a day because of d. Any "employee" of yours is an "insured" time off from work. while using a covered "auto" you don't own,G PERSONAL EFFECTS AND PROPERTY OF.hire or borrow in your business or your per- OTHERS EXTENSIONsonal affairs. 1. The. Care, Custody or Control Exclusion ofD. ADDITIONAL INSURED BY CONTRACT, SECTION II – COVERED AUTOSPERMIT OR AGREEMENT LIABILITY COVERAGE, does not apply to The following is added to A.1. Who Is An In- "property damage" to property, other than sured of SECTION II – COVERED AUTOS your property, up to an amount not exceed- LIABILITY COVERAGE: ing $250 in any one "accident". Coverage is excess over any other valid and collectibleAny person or organization that you are re- insurance.quired to name as an additional insured in a
written contract or agreement that is executed 2. The following paragraph is added to A.4. or signed by you prior to a “bodily injury” or Coverage Extensions of SECTION III – “property damage” occurrence is an “insured” PHYSICAL DAMAGE COVERAGE:
for Covered Auto L iability coverage. How- c. We will pay up to $500 for your propertyever, with respect to covered “autos”, such that is lost or damaged as a result of aperson or organization is an insured only to covered “loss”, without applying a de-the extent that person or organization qualifies ductible. Coverage is excess over anyas an “insured” under A.1. Who is an Insured of other valid and collectible insurance.SECTION II – COVERED AUTOS LIABILITY COVERAGE:
with its permission
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AC 70 05 03 16
H. PREJUDGMENT INTEREST COVERAGE substitute for a covered "auto" you own that is out of service because of its:The following paragraph is added to SECTION II – COVERED AUTOS LIABILITY COVERAGE, a. Breakdown;
2. Coverage Extensions, a. Supplementary b. Repair;
Payments: c. Servicing;
(7) Prejudgment interest awarded against the d. "Loss"; or“insured” on that part of the judgment we e. Destructionpay. If we make an offer to pay the appli- cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment interest based on that the coverage provided for the vehicle being period of time after the offer. replaced.
I FELLOW EMPLOYEE – OFFICERS,.
MANAGERS, AND SUPERVISORS L EXPANDED TOWING COVERAGE.
The Fellow Employee Exclusion in SECTION II 1. We will pay up to:– COVERED AUTOS LIABILITY COVERAGE is a. $100 for a covered "auto" you own ofreplaced as follows; the private passenger type, orA. "Bodily injury" to any fellow "employee" of b. $500 for a covered "auto" you own thatthe "insured" arising out of and in the course is not of the private passenger type,of the fellow "employee's" employment or for towing and labor costs incurred eachwhile performing duties related to the con- time the covered "auto" is disabled. Howev-duct of your business. This exclusion does er, the labor must be performed at the placenot apply to an "insured" who occupies a of disablement.position as an officer, manager, or supervi- sor. 2. This coverage applies only for an "auto"
covered on this policy for Comprehensive orJ HIRED AUTO PHYSICAL DAMAGE.
Specified Causes of Loss Coverage andIf covered "auto" designation symbols 1 or 8 ap- Collision Coverages.ply to Liability Coverage and if at least one "au-
3. Payment applies in addition to the otherwiseto" you own is covered by this policy for Com- applicable amount of each coverage youprehensive, Specified Causes of Loss, or Colli- have on a covered “auto”.sion coverages, then the Physical Damage coverages provided are extended to "autos" youM AUTO LOAN OR LEASE COVERAGE. lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a coveredprovisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount dueapplicable to Hired Auto Physical Damage apply on the loan or lease, including up to a max-up to a limit of $100,000. The deductible will be imum of $500 for early termination fees orequal to the largest deductible applicable to any penalties, for your covered "auto" less:owned "auto" for that coverage. Any Compre- a. The amount paid under SECTION III –hensive deductible does not apply to fire or PHYSICAL DAMAGE COVERAGE oflightning. this policy; andK. TEMPORARY SUBSTITUTE AUTOS – b. Any:PHYSICAL DAMAGE COVERAGE 1) Overdue lease/loan payments at theThe following is added to paragraph C. Certain time of the "loss";Trailers, Mobile Equipment And Temporary 2) Financial penalties imposed under aSubstitute Autos of SECTION I - COVERED lease for excessive use, abnormalAUTOS:
wear and tear or high mileage;If Physical Damage Coverage is provided by 3) Security deposits not refunded by athis Coverage Form, the following types of lessor;vehicles are also covered "autos" for Physi-
cal Damage Coverage: 4) Costs of extended warranties, Credit Life insurance, Health, Accident, orAny "auto" you do not own while used with Disability insurance purchased withthe permission of its owner as a temporary the lease; and
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AC 70 05 03 16
5) Carry-over balances from previous No deductible applies to glass if theglass is re- leases. paired, in a manner acceptable to us, rather than replaced.2. This coverage only applies to a "loss" which is also covered under this policy for Com-P. RENTAL REIMBURSEMENT COVERAGE prehensive, Specified Causes of Loss, or 1. This coverage applies only to a covered "au- Collision coverage. to" for which Physical Damage Coverage is
3. Coverage does not apply to any unpaid provided on this policy. amount due on a loan for which the covered2. We will pay for rental reimbursement ex- “auto” is not the sole collateral. penses incurred by you for the rental of an N. ORIGINAL EQUIPMENT MANUFACTURER "auto" because of "loss" to a covered "auto".
PARTS – LEASED PRIVATE PASSENGER Payment applies in addition to the otherwise TYPES applicable amount of each coverage you
have on a covered "auto." No deductiblesUnder Paragraph C. Limit of Insurance of apply to this coverage.SECTION III – PHYSICAL DAMAGE
COVERAGE, Section 4 is added as follows: 3. We will pay only for those expenses incurred during the policy period beginning 24 hours4. We will use new original equipment vehicle after the "loss" and ending, regardless of themanufacturer parts for any private passen- policy's expiration, with the lesser of theger type covered “auto” where required by following number of days:the lease agreement which has a term of at least six months. If a new original equip- a. The number of days reasonably ment vehicle manufacturer part is not in pro- required to repair or replace the covered duction or distribution we may use a like, "auto". If "loss" is caused by the ft, this kind and quality replacement part. number of days is added to the number of days it takes to locate the coveredO. DEDUCTIBLE AMENDMENTS "auto" and return it to you.The following are added to the Deductible provi- b. The number of days shown in thesion of SECTION III – PHYSICAL DAMAGE Schedule.COVERAGE:
4. Our payment is limited to the lesser of theIf another policy or coverage form that is not an following amounts:automobile policy or coverage form issued by this company applies to the same “accident”, the a. Necessary and actual ex penses following applies: incurred.
1. If the deductible under this coverage is the b. $75 for any one day or for a maximum smaller (or smallest) deductible, it will be of 30 days. waived: 5. This coverage does not apply while there
2. If the deductible under this coverage is not are spare or reserve "autos" available to you the smaller (or smallest) deductible, it will be for your operations. reduced by the amount of the smaller (or 6. If "loss" results from the total theft of a cov- smallest) deductible. ered "auto" of the private passenger type, If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that Coverage “loss” from one “accident” involves amount of your rental reimbu rsement ex- two or more covered “autos”, only the highest penses which is not already provided for un- deductible applicable to those coverages will be der SECTION III – PHYSICAL DAMAGE applied to the “accident,” if the cause of the loss COVERAGE Coverage Extension. is covered for those vehicles. This provision onlyQ EXPANDED TRANSPORTATION EXPENSE. applies if you carry Comprehensive or Specified Paragraph A.4.a. of SECTION III – PHYSICALCauses of Loss Coverage for those vehicles, DAMAGE COVERAGE is replaced by the follow-and does not extend coverage to any covered ing:“autos” for which you do not carry such We will pay up to $50 per day to a maximum ofcoverage.
$1500 for temporary transportation expense in-
curred by you because of the total theft of a
with its permission.
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AC 70 05 03 16
covered "auto" of the private passenger type. ment manufacturer or other s ources in- We will only pay for those covered "autos" for cluding non-original equipm ent manu- which you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for tem- b. If a repair or replacement results in bet- porary transportation expenses incurred during ter than like kind or quality, we will not the period beginning 24 hours after the theft and pay for the amount of the net improve- ending, regardless of the policy's expiration, ment.
when the covered "auto" is returned to use or we5. If we offer to pay the actual cash value ofpay for its "loss". the damaged or stolen property, we will R. EXTRA EXPENSE – STOLEN AUTOS value auto advertising wraps, paint customi- The following paragraph is added to Coverage zation, and similar business related advertis- Extensions of SECTION III – PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising wraps, paint customization, and similarc. We will pay for up to $5,000 for the expense business related advertising modificationsof returning a stolen covered “auto” to you. will be valued at the cost to replace themWe will pay only for those covered “autos” with an adjustment made for depreciationfor which you carry Comprehensive or Spec- and physical condition.ified Causes of Loss Coverage
T. NEW VEHICLE REPLACEMENT COSTS. PHYSICAL DAMAGE LIMIT OF INSURANCE The following is added to the Limit of InsuranceUnder SECTION III – PHYSICAL DAMAGE provision of SECTION III – PHYSICALCOVERAGE, Paragraph C., Limit of Insurance DAMAGE COVERAGE:is replaced by the following:
5. The provisions of paragraphs 1. and 3. doC. Limit Of Insurance not apply to a covered “auto“ of the private1. The most we will pay for “loss” in any one passenger type or a vehicle with a gross“accident” is the lesser of: vehicle weight rating of 20,000 pounds or a. The actual cash value of the damaged less which is a “new vehicle.” or stolen property as of the time of the In the event of a total “loss” to your new ve-“loss”, or hicle to which this coverage applies, we will b. The cost of repairing or replacing the pay at your option:
damaged or stolen property. a. The verifiable “new vehicle” purchase
2. $1500 is the most we will pay for “loss” in price you paid for your damaged vehi- any one “accident” to all electronic equip- cle, not including any insurance or war- ment that reproduces, receives or transmits ranties purchased; audio, visual or data signals which, at the b. If it is available, the purchase price, astime of “loss”, is: negotiated by us, of a “new vehicle” of a. Permanently installed in or upon the the same make, model, and equipment covered “auto” in a housing, opening or or the most similar model available, not other location that is not normally used including any furnishings, parts, or by the “auto” manufacturer for the in- equipment not installed by the manufac- stallation of such equipment. turer or manufacturers’ dealership; or . b. Removable from a permanently installed c. The market value of your damaged ve- housing unit as described in Paragraph hicle, not including any furnishings,
2.a. above or is an integral part of that parts, or equipment not installed by the equipment; or manufacturer or manufacturer’s dealer-
c. An integral part of such equipment. ship.
3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total “loss”. As used in this endorsement, a “new
4. The cost of repairing or replacing may: vehicle” means an “auto” of which you are the original owner that has not been previ-a. Be based on an estimate which includes parts furnished by the original equip-
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AC 70 05 03 16
ously titled and which you purchased less a. Your obligation in the Duties in the Event than 365 days before the date of the “loss”. of Accident, Claim, Suit or LossCondi- tion relative to notification requirements
applies only when the “accident” orU. PHYSICAL DAMAGE COVERAGE “loss” is known to:EXTENSIONS (1) You, if you are an individual;Under SECTION III – PHYSICAL DAMAGE (2) A partner, if you are a partnership;COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by (3) A member,if you are a limited liability the following: company; or
b. Loss of Use Expenses (4) An executive officer or insurance manager, if you are a corporation.For Hired Auto Physical Damage, we will pay expenses for which an “insured” be- b. Your obligation in the. Duties in the Event comes legally responsible to pay for loss of of Accident, Claim, Suit or Loss Condition use of a vehicle rented or hired without a relative to providing us with documents driver, under a written rental contract or concerning a claim or “suit” will not be agreement. We will pay for loss of use ex- considered breached unless the breach penses if caused by: occurs after such claim or “suit” is known to:(1) Other than collision if the Declarations
indicate that Comprehensive Coverage (1) You, if you are an individual; is provided for any covered “auto”; (2) A partner,if you are a partnership; (2) Specified Causes of Loss only if the (3) A member, if you are a limited Declarations indicate that Specified liability company; orCauses of Loss Coverage is provided (4) An executive officer or insurancefor any covered “auto”; or manager, if you are a corporation.(3) Collision only if the Declarations indicate that Collision Coverage is provided for
X. HIRED CAR – COVERAGE TERRITORYany covered “auto.”
Item (5) of the Policy Period, Coverage TerritoryHowever, the most we will pay for any GeneralConditionss replacedby the following:expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided (5) Anywheren the worldif a covered “auto” is by this provision is excess over any other leased, hired, rented or borrowed without a collectible insurance. driver for a period of 30 days or less; and V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT
AGAINST OTHERS TO US We will reimburse you up to $100 for reasonable The following is added to the Transfer Of Rightsexpense incurred for the services of a locksmith Of Recovery Against Others To Us Condition: to gain entry into your covered “auto” subject to these provisions:We waive any right of recovery we may
have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written con- pad has been lost, stolen or locked in your tract executed prior to any “accident” be- covered “auto” and you are unable to enter cause of payments we make for damages such “auto” , or
under this coverage form. 2. Your keyless entry device battery dies and W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such "auto" as a re- OCCURRENCE sult,
3. Your key, electronic key or key entry padSECTION IV – BUSINESS AUTO has been lost or stolen and you haveCONDITIONS, Paragraph A is amended as changed the lock to prevent an unauthorizedfollows:
entry; and6. NOTICE OF AND KNOWLEDGE OF
OCCURRENCE
with its permission.
ACP BAPD30-0-8999043 L7PA 18316 INSURED COPY AC7005031600 0001 43 000361 8
COMMERCIAL AUTO
AC 70 05 03 16
4. Original copies of receipts for services of a If we cancel for any reason other than non- locksmith must be provided before reim- payment of premium, we will mail or deliver bursement is payable. to the First Named Insured written notice of cancellation at least 60 days before the ef-Z. CANCELLATION CONDITION fective date of cancellation. This provision Paragraph A.2. of the COMMON POLICY does not apply in those states that require CONDITION – CANCELLATION applies more than 60 days prior notice of cancella- except as follows: tion.
AC 70 05 03 16 Page 7 of 7Includes copyrighted material of Insurance Services Office, Inc., with its permission
ACP BAPD30-0-8999043 L7PA 18316 INSURED COPY AC7005031600 0001 43 000361 9
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED WAIVER OF TRANSFER OF RIGHTS
OF RECOVERY AGAINST OTHERSTO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
ONSITE CLEANUP COVERAGE PART
SCHEDULE
Name ofPerson(s) or Organization(s)
Blanket when specificallyrequired in awritten contract with the named insured.
SECTION VI- COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against OthersTo Us within the Common Provisions is amended by the addition of the following:
Solely as respects the person(s)or organization(s) indicated in the Schedule shown above, we waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above becauseof payments we make for "damages" arising out of your ongoing operations or "your work" performed under awritten contract with that person(s) or organization(s) and included in the "products- completed operations hazard".
However, this waiver shall not apply to "damages" resulting from the sole negligence of the person(s) or organization(s) indicated in the Schedule shown above.
ALL OTHER TERMSAND CONDITIONS OFTHE POLICY REMAIN UNCHANGED.
En0109-0211 Page 1of 1
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
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.) Policy No: KEY0145668Effective Date: Endorsement No.:
Premium:Insured: Blue Flame Crew, LLC
Countersigned by:Insurance Company: Carolina Casualty Insurance Company WC 00 03 13
(Ed. 4-84)
© 1983 National Council on Compensation Insurance.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
State Description
AR Any party with whom the insured agrees to waive subrogation i n a written contract.
AL Any party with whom the insured agrees to waive subrogation i n a written contract.
FL Any party with whom the insured agrees to waive subrogation i n a written contract.
GA Any party with whom the insured agrees to waive subrogation i n a written contract.
IL Any party with whom the insured agrees to waive subrogation i n a written contract.
IN Any party with whom the insured agrees to waive subrogation i n a written contract.
MI Any party with whom the insured agrees to waive subrogation i n a written contract.
MO Any party with whom the insured agrees to waive subrogation i n a written contract.
NC Any party with whom the insured agrees to waive subrogation i n a written contract.
SC Any party with whom the insured agrees to waive subrogation i n a written contract.
TN Any party with whom the insured agrees to waive subrogation i n a written contract.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (Blanket) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be ________ % of the California workers’ compensation premium otherwise due on such remuneration.
2 Schedule
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.) Countersigned By
CA Any party with whom the insured agrees to waive subrogation in a written contract.
DescriptionState
Endorsement Effective Date: 11/10/2021 Endorsement No.:
Insured Name: Insurance Company: StarNet Insurance Company Policy Number: KEY0145669
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