DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7
Blue Flame Crew West LLC
Doolittle Landfill Flare Systems
Upgrades and Replacements 5 Version 05-23-23
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 aggreg ate limits in the amounts of $4 ,000,000 will be considered equivalent to the required minimum limits shown above. Provider shall also submit d eclarations and policy endorsements pages. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, 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 following 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
(4) Pollution Prevention:
Legal liability required for hazardous materials excavation in the amount of $1,000,000 each occurrence. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
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 insurance, such insurance will provide that it constitutes primary insurance with respect to claims 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 agrees 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 subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors.
Blue Flame Crew West LLC
Doolittle Landfill Flare Systems
Upgrades and Replacements 6 Version 05-23-23
d. FAILURE TO SECURE:
If Provider at any time during the term hereof should fail to secure 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, employees, 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 entitled 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 any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.
Additional Insured coverage under Provider’s policy shall be primary and non- contributory and will not seek contribution from the City’s insurance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance cove rage 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) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum 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 indemnified 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 Provider to perform the services required by this Agreement. Provider may be required to fill out 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.
Blue Flame Crew West LLC
Doolittle Landfill Flare Systems
Upgrades and Replacements 7 Version 05-23-23
12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or 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 desired 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 the issued and 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.
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 workers’ compensation insurance and shall also be required to carry general, automobile 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 Section 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 other 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.
Blue Flame Crew West LLC
Doolittle Landfill Flare Systems
Upgrades and Replacements 8 Version 05-23-23
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 individual 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 respect 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 City that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). 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 inspection of all proceedings and activities related to this Agreement. Such Records, together with 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 R ecords is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’ s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same 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 earlier 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 manner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change 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:
Blue Flame Crew West LLC
Doolittle Landfill Flare Systems
Upgrades and Replacements 9 Version 05-23-23
City of Alameda
Public Works Department
950 West Mall Square, Room 179
Alameda, CA 94501
ATTENTION: Ricardo De La Torre, Project Manager
Ph: (510) 747-7923 / 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.
620 N River Rd.
Naperville, IL 60563
ATTENTION: Dan Sawyer, Vice President of Construction
Ph: (630) 225-4286 / Email: [email protected]
f. All updated insurance certificates 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 completely responsible for conditions of all vehicles owned or operated by Provider , including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all s afety 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 will 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 notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider will promptly submit to the City a writte n report of all incidents that occur in connection with this Agreement. This report 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.
Blue Flame Crew West LLC
Doolittle Landfill Flare Systems
Upgrades and Replacements 10 Version 05-23-23
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) business 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 convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned 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 proceedings, relating to this Agreement, including but not limited to any action or suit by any 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 City shall have the right to impose, 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 informed 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 jurisdiction 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 direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws,
Blue Flame Crew West LLC
Doolittle Landfill Flare Systems
Upgrades and Replacements 11 Version 05-23-23
orders, rules, and regulations of the authorities having jurisdiction 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 condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
Subject to the language of Section 30, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the part ies hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant 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 public 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 enforcement 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 Contractors and Subcontractors must 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.
Blue Flame Crew West LLC
Doolittle Landfill Flare Systems
Upgrades and Replacements 12 Version 05-23-23
28. PCC SECTION 9204 SUMMARY - CLAIMS SUBMITTED BETWEEN 01-01-2017 AND 01-01-2027.:
Notwithstanding anything else to the contrary stated in the Information 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 section, the term “Claim”, “Contractor”, “mediation”, “Public Entity” “Public works project” and “Subcontractor” shall have the 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. Contractor 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 statement what portions of the claim are disputed and undisputed. Undisputed portions of the Claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 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 regi stered 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 remaining in dispute and that portion which is undisputed. Undisputed portions of the Claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non-binding mediation. If the City and Contractor mutually agree on a mediator, 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 costs 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 mediation conducted hereunder shall excuse any further obligation 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.
Blue Flame Crew West LLC
Doolittle Landfill Flare Systems
Upgrades and Replacements 13 Version 05-23-23
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 (including 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 that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.
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.
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 3/25/2024
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 vrcfltrr. totra,
DATE {Mir/ODa/YYY}
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IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISTHIS CEhTIFICA this certiticate does not confer a hts to the certificate holder in lieu of such endorsement(s) MJ lnsurance, lnc.
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Everest National lnsurance Company
COVERAGES CERTIFICATE NUMBER: REVISION NUMBERi
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TOTHE INSURED NAMED ABOVE FORTHE POLICY PERIOD INOICATED NOTWTHSTANDING ANY REOUIREMENT TERM OR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO \ryHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
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PROFESSiLRETRO DATE: 5/10/201 3
1t10t2023
OESCRIPnON OF OPERAnONS / LOCATIONS / VEHICLES {ACORD 101, Addilional Romar*s S.hedule, may be .ttachod if more sp.ce is required) -3A STATES INCLUDE:
POLICY #KEY0145668: AR,AL,FL,GA, lL,lN,KS,KY,LA,i,ll,MO,MS,NC,NE,PA,SC,TN, TX,VA,wV POLTCY #KEY0145669 CA
EXCESS LIABILITY LIMITS:
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City of Alameda
Public Works Department
'1616 Fortunann Way
Alameda, CA 94501 AUTHORIZED REPRESENTATIVE
egLl*Ll-
@ 1988-20'15 ACORD CORPORATION. All rights reserved
ACORD 25 (2016/03) 1 ot 2 The ACORD name and logo are registered marks of ACORD ACORD" CERTIFICATE OF LIABTL!ry INSURANCE
CERTIFICATE OOES 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, ANO THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the poticy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS WAIVED, subiect to the terms and conditions of the policy, certain policies may require an endorsement. A statement on I
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED SEFORE THE EXPIRATION DAIE THEREOF, NOTICE wlLL BE OELIVERED IN ACCORDANCE WTH THE POLICY PROVISIONS.
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 DESCRIPTIONS (Continued from Page 1)
$10,000,000 AGG/$10,000,000 OcC: Extends over Commerical General 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 G€neral Liability additional insured endorsement E1L04642 10/21 (CG2010 07/04 equivalent) and E1L04643 01121 (CG2037 07104 equivalent), including Pollution Liability (see attached endorsement); Automobile Liability endt ECA02517 01121; and Umbrella Liability endt EUM22931 03118 are included as additional insured subrect to the terms, conditions and exclusions on the policy(ies).
Waiver of Subrogation applies to the Certificate Holder and others as defined in the written agreement and the General Liability endorsement ECG24669 08/181 including Pollution Liability; Automobile Liability endt ECA24503 02/14; Umbrella Liability endt EUM22930 03/18; Workers Compensation (KEYo145668) per endt WC000313 04/84; and Workers Compensation (KEYo145669) per endt WC040306 04/84 subject to the terms, conditions and exclusions on the policy(ies) as permitted by law, when required by written contract.
Primary & Noncontributory applies to the Certificate Holder and others as defined in the written agreement and the General Liability endorsement ECG24676 08/18, including Pollution Liability; Automobile Liability endt C40449 1ll16; and Umbrella Liability endt EUM24571 08/18 subiect to the terms, conditions and exclusions on the policy(ies).
Umbrella/Excess coverag€ extends over General Liability, Automobile Liability, Employers Liability, Pollution Liability, and Errors & Omissions Liability and is form following subiect to the policy terms, conditions and exclusions on the policy.
Transportation Pollution Liability is included per Endt ECG00595 09/23 subject to the policy terms, conditions and exclusions on the policy.
MCS90 Filing is included for $750,000 on the above Automobile Liability policy subject to the terms, conditions and exclusions on the policy.
CERTIFICATE HOLDER CONT'D: City of Alameda, Public Works Departrnent, The City, its City Council, boards, commissions, officials, employees, agents, and volunteers SAGITTA 2s.3 (2016t031 2 ol2
1tc l EEErEatAl/l EEAilrO
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7
POLICY NUMBER INTERLINE
EtL 04 642 01 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
Thas endorsement modifies insurance provided under the following EVEREST CONTRACTORS ENVIRONMENTALPLUS COVERAGE PART@
EVEREST ENVIRONMENTAL PLUS COVERAGE PART
SCHEDULE
Name Of Additional lnsured Person(s)
Or Orqanazation(s) Location(s) Of Covered Operations
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" or "environmental damage" caused, in whole or in part, by:
L Your acts or omissions, or
2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury", "property damage" or "environmental damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
All other terms and conditions of this Policy remain unchanged EtL 04 642 01 21 Page 1 of 1Copyright, Everest Reinsurance Company, 2021 lncludes copyraghted material of lnsurance Services Office, lnc. used with its permission.
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7
POLICY NUMBER INTERLINE
EIL 04 643 01 21
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 EVEREST CONTRACTORS ENVIRONMENTALPLUS COVERAGE PART@
EVEREST ENVIRONMENTAL PLUS COVERAGE PART
SCHEDULE
Name Of Additional lnsured Person(s)
Or Orqanization(s) Location(s) Of Covered Operations
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations A, Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organizatjon(s) shown in the Schedule, but only with respect to liability for "bodily injury", "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 operataons hazard".
All other terms and conditions of this Policy remain unchanged Copyright, Everest Reinsu rance Company,2021
lncludes copyrighted material of lnsurance Services Office lnc used wrth rts Per mrssion
EtL 04 643 01 21 Page 1 of 1
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7
POLICY NUMBER EVEREST CONTRACTORS ENVIRONMENTAL PLUS
ECG 24 669 08 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. wArvE R o r rm
fi 5ETtff fl8 1r". r"J
RE c ov E RY
This endorsement modifies insurance provided under the following:
EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person or organization that is:
1. An ownerof real or personal property on which you are performing operations; or
2. A conlractor on whose behalfyou are performing operations. (lf no entry appears above, information required to complete this endorsemenl will be shown in the Declarations as applicable to this endorsement.)
Paragraph 19. Subrogation of Section lV - Conditions is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage 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 the person or organization shown in the Schedule above.
All other terms and condilions of this Policy remain unchanged Copyright, Everest Reinsurance Company, 2018
lncludes copyrighted material of lnsurance Services Office, lnc used with its permission.
ECG 24 669 08't8 Page 1 of 1
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7
POLICY NUMBER EVEREST CONTRACTORS ENVIRONMENTAL PLUS
ECG 24 675 08 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PRIMARY AND
NONCONTRIBUTORY
This endorsement modifies insurance provided under the following:
EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART
SCHEDULE
For person(s) or organization(s) listed in the Schedule above that are also included as an additional insured under an endorsement attached to this policy, the following is added to Paragraph 14. Other lnsurance of Section lV -Conditions:
lf other valid and collectible insurance is available to an additional insured listed in the Schedule above for a "loss" we cover under this policy, this insurance will apply to such'loss" on a primary basis and we will not seek contribution from the other insurance available to the additional insured provided that you have specifacally agreed in a written contract executed prior to the "loss" that this ansurance must be primary and noncontributory with such other insurance issued directly to such additional insured.
Copyright, Everesl Reinsurance Company 2018
lncludes copyrighted material of lnsurance Services Otfice, lnc., used wilh its permission.
Name Of Additional lnsured Person(s) Or
Organization(s):
Endorsement Number
As required by written contract signed by both parties
prior to loss.
lnformation required to complete this Schedule, if not shown above, shall read: "All person(s) or organization(s) included as additional insured through an endorsement(s) to this policy with the term "additional lnsured" in its title.
ECG 24 676 08 18 Page 1 of 1
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7
COMMERCIAL AUTO
ECA 02 517 o'.t 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED ORGANIZATION
This endorsement modifies insurance provided under the following
MOTOR CARRIER COVERAGE PART
SCHEDULE
Name Of Additional lnsured Organization
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations B. ls executed after the date of "loss".
This paragraph does not apply if:
1. The terms and conditions of the written contract
or written agreement had been agreed upon
prior to the "accident" or "loss"; and
2. You can definitively establish that the terms and
conditions of the written contract or written
agreement ultimately executed are the same as
those which had been agreed upon prior to the
"accident" or "loss".
Copyright, Everest Reinsurance Company, 2021
lncludes copyrighted material of lnsurance Servaces Offlce, lnc., used wrth rts permrssion
ECA 02 517 01 21 Page 'l of 1
The following is added to the Who ls An lnsured
paragraph under Section ll - Covered Auto Liability
Coverage:
The organization shown in the Schedule but only with
respect to its liability caused in whole or in part by your operation, maintenance, or use of a covered "auto" if
you are required to add such organization to this policy as an additional insured in order to comply with the
terms of a written contract or written agreement. This
does not apply when such contract or agreement:
A. lnvolves the owner or anyone else from whom you
hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto" you own; or
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7
COMMERCIAL AUTO
cA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORI\4
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The following is added to the Other lnsurance
Condition in the Business Auto Coverage Form
and the Other lnsurance - Primary And Excess
lnsurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:
This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:
1. Such "insured" is a Named lnsured under such
other insurance; and
2. You have agreed in wrating in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
B. The following is added to the Other lnsurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an "insured" under
your policy provided that:
1. Such "insured" is a Named lnsured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
cA 04 49 1't 't 6 O lnsurance Services Office, lnc., 2016 Page 1 of 1 DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7
COMMERCIAL AUTO
ECA 24 503 02 14
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
SCHEDULE
Name of Person or Organization:
(lf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for an "accident" or "loss", provided that you are required under a written agreement to waive your rights of recovery. The written agreement must be made prior to the date of the "accident" or "loss".
This waiver applies only to the person or organization shown in the Schedule above.
Copyright, Everest Reinsurance Company, 2014
lncludes copyrighted material of Insurance Services Office, lnc.. used with its permission
ECA 24 503 02 14 Pagel ofl tr
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY wc,00 03 13 (Ed.4-84)
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 Sched u le
State
AR
AL
FL
GA
IL
IN
MI
MO
NC
SC
TN
Description
Any party with whom the insured agrees to waive subrogation in a written contract.
Any party with whom the insured agrees to waive subrogation in a written contract.
Any party with whom the insured agrees to waive subrogation in a written contract.
Any party with whom the insured agrees to waive subrogation in a written contract.
Any party with whom the insured agrees to waive subrogation in a written contract.
Any party with whom the insured agrees to waive subrogalion in a written contract.
Any party with whom the insured agrees to waive subrogation in a written contract.
Any party with whom the insured agrees to waive subrogation in a written contract.
Any party with whom the insured agrees to waive subrogation in a written contract.
Any party with whom the insured agrees to waive subrogation in a written contract.
Any party with whom the insured agrees to waive subrogation in a written contract.
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 endo6ement is issued subsequent to pl€paration of the policy.) Effective Date: poticy No: KEyO14566g Endorsement No.:
lnsured: Blue Flame Crew, LLC premium:
lnsurance Company: Carolina Casualty lnsurance Company Countersigned by:
wc 00 03 13
(Ed.4-84)
@'1983 National Council on Compensation lnsurance,
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY wc 04 03 06 (Ed.04.84)
CA
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 2 % of the California workers' compensation premium otheMise due on such remuneration.
Schedule
State Description
Any party with whom the insured agrees to waive subrogation in a written contract This endorsement changes the policy to which it is attached and is effective on the date rssued unless otherwise stated (The information below is required only when this endorsemenl is issued subsequent to preparation of the policy.) Policy Number: KEY0145669 Endorsement No.l
lnsurance Company:
Countersigned By
StarNei lnsurance Company
Endorsement Effective Dale
lnsured Name:
DocuSign Envelope ID: D3829D67-8A42-4E6E-9B27-C5DA6F0242B7