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SERVICE PROVIDER AGREEMENT
Thi
s SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ___ day of November 2024 (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and Hunt and Sons , a LLC, whose address is 65 Enterprise, Suite 425, Aliso Viejo, CA 92656 (“Provider” or “Contractor”), in reference to the following facts and circumstances:
RECITALS
A. The City is a municipal corporation duly organized and validly 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: fuel delivery services . Consistent with administrative procurement regulations, the City is piggybacking on the State of California Contract 1-23-91-02B with Provider for fuel delivery services.
C. Provider possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
D. Whereas, the City Council authorized the City Manager to execute this agreement on November 19, 2024.
E. The City and Provider desire to enter into an agreement for fuel delivery services, upon the terms and conditions herein.
AGREEMENT
NOW
, THEREFORE, in consideration of the forgoing, which are incorporated 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 retrocatively on the 6th day of November 2024 and shall terminate on the 30th day of June 2029, 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 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit B and incorporated herein by this reference. b. The t otal five -year compensation for work done under this agreement shall not exceed $2,800,000.
4. TIME IS OF THE ESSENCE:
Provider and the City agree that time is of the essence regarding the performance of this Agreement.
5. STANDARD OF CARE:
Provider shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Provider represents that i t is skilled in the professional calling necessary to perform all services contracted for in this Agreement. Provider further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement.
Provider further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License , as needed ); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Provider shall perform (at its own cost an d expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Provider’s failure to comply with the standard of care provided for herein. Any employee of the Provider or its sub-providers who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Provider and shall not be re-employed to perform any further services under this Agreement.
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 services. None of the benefits provided by the City to its emp loyees, including but not limited 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 employer -employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider. Any personnel performing the services under this Agreement on behalf of Provider shall also not be employees of City and shall at all times be under Provider’s exclusive direction and control.
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7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Provider assumes any and all responsibility for verifying the identity 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 that 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, disability (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 . Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 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 indemnify, 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 this A greement or out of the operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indemnitees alleg e negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees 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 misconduct 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 obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.
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 type, amount, class of operations Docusign Envelope ID: 72C40793-920D-4C29-8633-3A733FB1EF32 Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F
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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 insurance 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 insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured 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 the State of California , as 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 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.
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(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
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 endorse ment 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. 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 los s, 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 covera ge 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 coverage requirements and/or limits shall be available to the additional insured(s).
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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.
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 - Docusign Envelope ID: 72C40793-920D-4C29-8633-3A733FB1EF32 Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F
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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.
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 Docusign Envelope ID: 72C40793-920D-4C29-8633-3A733FB1EF32 Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F
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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:
City of Alameda
Public Works Department
950 W Mall Square
Alameda, CA 94501
ATTENTION: Carlo Balboni, Fleet Services Supervisor
Ph: (510) 747-7930
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
Hunt and Sons, LLC
5725 Alder Av
Sacramento, CA 95828
ATTENTION: Jesus Medina (209) 480-7771
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda
Public Works Department
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950 W Mall Square
Alameda, CA 94501
ATTENTION: Noelle Robinson
Ph: (510) 747-7930, [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; (i ii) 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) 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 Docusign Envelope ID: 72C40793-920D-4C29-8633-3A733FB1EF32 Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F
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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. Provider shall de fend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.
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, 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 33, 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 parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied cov enant 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.
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26. PREVAILING WAGES:
Provider is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Provider agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as d efined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Provider’s request, shall provide Provider with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Provider shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Provider’s principal place of business and at the project site. Provider shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
27. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 27 through 29 of this Agreement, the terms “ claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.
b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certaion bids pursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website: https://www.dir.ca.gov/Public-Works/Contractor- Registration.html
c. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at the following website : https://www.dir.ca.gov/Public- Works/Certified-Payroll-Reporting.html
d. Contractor is required to all post job site notices as prescribed by State law. (See 8 Cal. Code Regs, § 16451(d).)
e. In executing this Agreement, Contractor acknowledges and agrees that f. the work authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
28. REGISTRATION OF CONTRACTORS:
Before submitting bids for any work authorized by this Agreement , contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California.
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29. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:
Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement , all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 related to work performed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:
a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204.
Contractor must include reasonable documentation to support each claim.
b. 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 c laim 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.
c. 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 Public Contract Code Section 9204(d)(1)(C).
d. If the City fails to timely respond to a c laim 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 registered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
e. 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 c laim shall be process ed 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.
f. 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.
Docusign Envelope ID: 72C40793-920D-4C29-8633-3A733FB1EF32 Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F
Hunt and Sons, LLC 13 Version 04-22-24
g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specification s, or at law or in equity which are not in conflict with Public Contract Code 9204.
30. 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.
31. 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.
32. 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.
33. 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.
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Docusign Envelope ID: 72C40793-920D-4C29-8633-3A733FB1EF32 Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F Hunt and Sons, LLC 14 Version 04-22-24
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
CI
TY OF ALAMEDA HUNT AND SONS
A LLC a municipal corporation
Je nnifer Ott Roderick John Palmer
President City Manager
RECOMM
ENDED FOR APPROVAL
Lindsey Grant
Vice President
Erin Smith
Public Works Director
APPR
OVED AS TO FORM:
City Attorney
Len A slanian
Assistant City Attorney
Docusign Envelope ID: 72C40793-920D-4C29-8633-3A733FB1EF32 Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F
Hunt and Sons
Pricing Based on State Contract 1-23-91-02A
Cost Structure for Fuel Delivery
Contract Composite Price for each fuel type shall be calculated according to the following table:
FUEL TYPE OPIS INDEX CONTRACT COMPOSITE
PRICE
Unleaded Regular Gasoline “Time of Delivery” “Rack Average” OPIS GROSS CARFG ETHANOL (10.0%).
RBMP + CAR Cost fee +
LCFS Cost fee +
Differential = Composite
Price
Red Dyed Diesel #2 Ultra
Low Sulfur
Daily OPIS Closing Benchmark File OPIS
GROSS RENEWABLE R99 (minus CAR
Cost Fee and LCFS fees) ULTRA LOW
SULFUR DISTILLATE PRICES** RACK
AVERAGE plus ($0.01/gal).
RBMP + CAR Cost fee +
LCFS Cost fee +
Differential + .01 per gallon
= Composite Price
Contract Differentials
Contract Item Commodity Description Unit Differential
1 Gasoline, Unleaded (87 Octane) Gallon $0.0175
2 Diesel #2 Gallon $0.0275
3 Diesel #2 (Red Dyed, includes
$0.0100) Gallon $0.0275
5 Gasoline, Unleaded (87 Octane) Gallon -$0.0475
5 Diesel #2 Gallon -$0.0375
6 Diesel #2 (Red Dyed, includes
$0.0100) Gallon -$0.0375
Differentials:
All Differential prices quoted shall be:
- Exempt from: Federal Excise Tax
Additional Charges:
Contract Item Commodity Description Unit Price
Emergency Delivery Per Delivery 1 $120.00
Demurrage Charge Per Minute 1 $2.50
Trip Charge Per Delivery 1 $250.00
Standing Time (charge
begins after 1 free hour) Per Minute 1 $1.00
Premium for Less Than
Minimum Delivery Per Gallon 1 $0.10
Winterization Per Gallon 1 $0.05
4,000 Gallons or less:
4,001 Gallons or more:
- Exclusive of: State Sales Tax, Local Sales Tax, California Motor Vehicle Fuel Tax, Leaking Underground Storage Tank Tax, Oil Spill Liability Trust Fund Tax, CAR cost fee, LCFS cost fee, AB 32 Fees.
These taxes and fees shall be listed separately on invoices and shall not be a component of the differential price. Any and all charges, levies, and/or fees not listed above shall be a component of the differential price.
The City will use the Oil Price Information Service (OPIS), Richmond CA, to determine Region Base Market Price (RBMP), the CAR Cost Fee (Cap-At-The-Rack), and the LCFS Cost Fee (Low Carbon Fuel Standard).
Exhibit A
Docusign Envelope ID: 72C40793-920D-4C29-8633-3A733FB1EF32 Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F
CONTRACTOR RESPONSIBILITIES
The Contractor shall possess and maintain all Federal, State and Local permits, licenses and approvals necessary to provide goods / services for the duration of the contract. Any associated fees shall be the responsibility of the Contractor.
The Contractor shall ensure that all delivery vehicles are in compliance with all current Federal, State and Local registration, licensing, insurance and maintenance requirements as mandated by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSA), Department of Toxic Substances (DTSC), California Air Resources Board (ARB), and California Highway Patrol (CHP), relating to the commercial transportation and delivery of bulk fuels and automotive lubricants in the State of California, for the duration of the contract.
The Contractor shall ensure that all of their fuel delivery drivers are in compliance with current Federal, State and Local licensing, registration, training, communication, packaging, emergency response and security requirements, as mandated by the Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMSA), California Air Resources Board (CARB), California Department of Motor Vehicles (DMV) and California Highway Patrol (CHP).
All drivers / delivery personnel shall be HAZMAT trained and certified in safety measures to prevent accidents endangering District personnel and property.
The Contractor’s drivers / delivery personnel shall perform all deliveries in a safe and professional manner, adhering to all applicable Federal, State, Local regulations.
The Contractor shall ensure that the driver arrives at the fueling site with the proper equipment and the knowledge in the use of all equipment.
SPECIFICATIONS
All products must meet or exceed the specifications in Attachment E of the State of California Bid Specifications:
• Gasoline, Unleaded Regular, Bid Specification Number 9130-6166A, dated 7/18/2022
• Diesel Fuel, Type 2-D, Bid Specification Number 9130-6166B, dated 7/18/2022
• Ethanol (E85), Bid Specification Number 9130-6166C, dated 7/18/2022
DELIVERIES
Contractor is to ensure regular delivery of fuel, not to exceed every other week, to the listed Locations. Bill of Lading should contain, at a minimum:
• Company Name & Address
Exhibit B
Docusign Envelope ID: 72C40793-920D-4C29-8633-3A733FB1EF32 Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F • Sold-to Party (Moulton Niguel Water District) with delivery address • Date of delivery
• Type and Gallon Quantity of Unleaded Gasoline delivered • Type and Gallon Quantity of Diesel Fuel delivered
• Fuel truck driver’s signature
LOCATIONS
Name Address Tanks Above/Underground
Maintenance
Service Center
1616 Fortman Way
Alameda, CA
94501
Three Tanks:
6,000 Gallons
unleaded
1,000 gallons Diesel
1,000 gallons Diesel
All underground
Fire Sation #1 2401 Encinal
Alameda, CA
94501
1 Tank – 500 Gallons
– with 2
compartments: 250
gallons unleaded and
250 gallons diesel
Above Ground
Fire Sation #3 1625 Buena Vista
Alameda, CA
94501
1 Tank – 1,00 Gallons
– with 2
compartments: 245
gallons unleaded and
765 gallons diesel
Above Ground
Fire Sation #4 2595 Mecartney
Alameda, CA
94502
2 Tanks:
250 gallons unleaded
250 gallons diesel
Above Ground
Exhibit B
Docusign Envelope ID: 72C40793-920D-4C29-8633-3A733FB1EF32 Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F /0/1/2/3/i255/5/6/7/8/6/7/9/10/11/12/7/13/14/i255/16/17/18/9/19/10/18/18/i255/20/8/19/21/9/22/10/19/11/9/12/23/i255/24/i255/21/8/7/i255/9/19/11/10/7/19/12/23/i255/17/18/10/i255/8/19/23/13 /25/26/27/26/i255/29/30/31/31/27/i255/32/31/33/34/35/27 /32/31/36/31/35/31/37/38/31/i255/25/26/27/31/39/i255/40/41/40/42/43/5/40/43/5/42 /44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44/44 /45/46/37/27/i255/47/i255/29/34/37/48/i255/49/49/50/i255/1/51/i255/52/53/i255/40/41/40/42/43/5/40/43/5/42 /50/54/32/55/54/32/56/57/58 /56/50/50/54/59/60/57/61/60/62 /63/64/1/64/65/51/66 /67/68/64/69/70/3/63 /67/0/i255/71/42/66/72 /73/67 /74/75/76/77/52/78/3/i255/79/80/66 /5/42/40/5/81/63 /67/0/i255/63/81/66/5 /40/41/82 /83/52/84/85/1/64/69/52/75/i255/80/1/64/3/66/40 /41/40/40/43/5/40/43/5/82/5 /41/43/86/i255/63/3/2/85/3/75/64/66 /80/65/84/1/64/69/52/75/66 /0/3/84/87/3/64/65/1/77/5 /41/43/86/i255/88/52/75/51/52/77/69/89/1/64/69/52/75/66/0 /63/90/i255/43/i255/88/52/75/51 /83/52/84/85/1/64/69/52/75/i255/63/64/1/64/3/66/80 /3/77/1/91/1/84/3/57 /56/92 /63/64/1/64/3/i255/71/3/2/69/51/64/84/1/64/69/52/75/i255/93/66/94/5/95/96/82/96/82/97 /63/i255/98/1/99/i255/74/75/64/69/64/100/i255/98/100/87/3/66/88 /52/84/87/52/84/1/64/69/52/75 /101/3/2/1/77/i255/74/75/64/69/64/100/i255/98/100/87/3/66/101/69/85/69/64/3/89/i255/101/69/1/78/69/77/69/64/100/i255/88/52/85/87/1/75/100/79 /53/i255/80/71/74/102/i255/71/3/2/1/84/89/3/89/i255/0/1/84/3/75/64/66 /101/74/79/i255/72/52/103/66 /97/63/i255/74/79/72/102/i255/71/3/2/1/84/89/3/89/66/42 /104/43/82/41/81/104/95/40/5 /105/65/51/69/75/3/51/51/i255/88/52/75/64/1/68/64/66/76 /84/1/75/64/102/i255/101/69/75/89/51/3/100/i255 /97/63/i255/74/79/72/102/i255/80/71/74/66 /88/52/84/87/103/i255/63/3/68/103/i255/88/52/75/64/1/68/64/66/74/65/75/69/68/3/i255/83/65/3/75/64/3/51/79 /71/63/i255/74/79/72/i255/71/3/51/87/i255/0/64/100/66 /106/87/3/84/1/64/52/84/66 /79/71/63/i255/0/105/67/i255/88/52/89/3/i255/107/72/67/79/88/63/108/66 /49/31/109/26/110/i255/50/34/111/111/31/37/27/48/39/57 /26/112/i255/50/34/111/111/31/37/27/48/39 /83/52/84/i255/1/75/i255/3/99/3/68/65/64/3/89/i255/113/43/96/i255/53/52/84/85/102/i255/2/52/i255/64/52/i255/64/114/3/i255/113/43/96/i255/63/114/1/84/3/0/52/69/75/64 /115/46/48/116/37/31/48/48/i255/56/117/117/35/31/48/48/57 /26/112/i255/56/117/117/35/31/48/48/i255/118/61/32/29/i255/119/116/110/116/37/109/48/120 /104/82/i255/74/75/64/3/84/87/84/69/51/3/102/i255/63/65/69/64/3/i255/81/40/82 /67/77/69/51/52/i255/121/69/3/122/52/102/i255/88/67/102/i255/97/75/69/64/3/89/i255/63/64/1/64/3/51/102/i255/96/40/104/82/104 /32/31/109/116/48/27/31/35/31/117/i255/54/36/36/116/38/31/i255/56/117/117/35/31/48/48 /40/82/5/i255/101/69/64/64/77/3/i255/83/1/77/77/51/i255/80/84/69/70/3 /113/69/77/85/69/75/2/64/52/75/102/i255/80/74/102/i255/97/75/69/64/3/89/i255/63/64/1/64/3/51/102/i255/5/96/95/41/95 /81/5/5/i255/63/103/i255/86/3/3/77/3/84/i255/67/70/3/103/102/i255/63/64/3/103/i255/82/40/42/i255/67/105 /105/1/84/64/77/3/51/70/69/77/77/3/102/i255/106/86/102/i255/97/75/69/64/3/89/i255/63/64/1/64/3/51/102/i255/94/81/41/41/42 /123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123/123 /55/46/35/33/34/48/31/i255/34/36/i255/115/46/48/116/37/31/48/48/39 /98/114/3/i255/87/65/84/87/52/51/3/i255/52/53/i255/64/114/3/i255/88/52/85/87/1/75/100/i255/51/114/1/77/77/i255/78/3/i255/64/52/i255/89/52/i255/1/75/100/i255/52/84/i255/1/77/77/i255/64/114/69/75/2/51/i255/64/114/1/64/i255/85/1/100/i255/77/1/91/53/65/77/77/100/i255/78/3/i255/89/52/75/3/i255/78/100/i255/1/i255/77/69/85/69/64/3/89/i255/77/69/1/78/69/77/69/64/100/i255/68/52/85/87/1/75/100/i255/87/65/84/51/65/1/75/64/i255/64/52/i255/64/114/3/i255 /80/3/77/1/91/1/84/3/i255/67/68/64/103
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/18/10/20/17/7/9/11/13/i255/20/23/12/18/18/10/18
/20/32/33/31/31/34/31 /19/30/35/36/27/33/32/i255/37/33/32/26/34 /12/26/28/38/30/39/36/40/34/41/i255/18/34/42/26/39/36/28/36/34/31/12/26/28/38/30/39/36/40/34/41/i255/20/33/43/36/28/33/32 /9/31/31/26/34/41/i255/18/34/42/26/39/36/28/36/34/31 /9/31/31/26/34/41/i255/20/33/43/36/28/33/32 /44/3/45/46/3/47/48/49/50/51/i255
/52/53/54/3/47/3/48/54
/55/56/57/57/57/57/55 /56/57/57/57/57
/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58 /18/25/12/7/10/25/8/23/22/10/7/18/i255/59/i255/60/10/60/16/10/7/18 /25/30/32/41/34/39 /37/30/28/36/27/61/i255/62 /18/28/33/39/28/i255/22/33/28/34 /0/49/50/63/63/50/51/48/i255/64/64/i255/65/66/45/51/1/53/67 /55/57/57/68 /5/57/5/5/69/55/5/69/55/70 /18/25/12/7/10/25/8/23/22/10/7/18/i255/59/i255/60/10/60/16/10/7/18/i255/16/13/i255/18/10/20/17/7/9/11/13/i255/20/23/12/18/18 /60/34/35/71/34/39/31/38/36/43/i255/9/27/28/34/39/34/31/28 /18/34/42/26/39/36/28/36/34/31/i255/25/34/32/41 /37/30/28/36/27/61/i255/62 /18/28/33/39/28/i255/22/33/28/34 /0/49/50/63/63/50/51/48/i255/64/64/i255/65/66/45/51/1/53/67/55 /56/57/57/57/57 /55/57/57/68 /5/57/5/5/69/55/5/69/55/70 /72/73/74/74/74/74
/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58 /75/17/12/23/9/21/9/20/12/11/9/8/19/18
/76/26/39/36/31/41/36/42/28/36/30/27 /12/61/34/27/28/20 /38/33/39/28/34/39/i255/19/30/73/10 /77/77/34/42/28/36/78/34/i255/22/33/28/34 /65/1/63/50/79/66/47/53/50/1 /65/80/65/i255/81/65/82/83/i255/69/i255/65/66/47/51/66/47/1/54/50/66/53/i255/80/3/47/84/50/85/3/i255/65/66/45/51/1/53/67/i255/86/87/46/87/1/i255/65/80/65/69/88/1/89/67/3/47/48/i255 /52/53/85/66/47/51/66/47/1/54/50/53/2/i255/80/3/47/84/50/85/3 /5/57/5/90/70/91/90/55/92/70/93/90/5 /57/5/90/69/57/55/69/55/5 /58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58 /19/8/11/10/18
/22/34/31/42/39/36/43/28/36/30/27 /11/94/43/34/19 /30/28/34/10 /77/77/34/42/28/36/78/34/i255/22/33/28/34 /82/2/47/3/3/45/3/53/54/87/65/66/53/54/47/1/85/54/88 /50/45/50/54/3/86/i255/88/50/1/46/50/63/50/54/67/i255/65/66/45/51/1/53/67/i255 /82/2/47/3/3/45/3/53/54
/95/49/3/i255/88/50/45/50/54/3/86/i255/88/50/1/46/50/63/50/54/67/i255/65/66/45/51/1/53/67/i255/82/2/47/3/3/45/3/53/54/i255/89/1/48/i255 /3/96/3/85/97/54/3/86/i255/3/79/79/3/85/54/50/84/3/i255/98/3/85/3/45/46/3/47/i255/55/70/99/i255/5/57/5/5/56 /5/57/5/5/69/55/5/69/55/70
/100/3/48/66/63/97/54/50/66/53 /101/47/2/1/53/50/102/1/54/50/66/53/1/63/i255/65/66/53/48/3/53/54/95 /49/3/i255/66/47/2/1/53/50/102/1/54/50/66/53/1/63/i255/85/66/53/48/3/53/54/i255/89/1/48/i255/1/86/66/51/54/3/86/i255/3/79/79/3/85/54/50/84/3/i255 /98/3/85/3/45/46/3/47/i255/55/70/99/i255/5/57/5/5/56
/5/57/5/5/69/55/5/69/55/70
/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58 /18/103/i255/20/8/60/6/12/19/13/i255/20/8/22/10/18
/18/103/i255/20/30/35/43/33/27/94/i255/20/30/41/34/20 /30/35/43/33/27/94/i255/20/30/41/34/i255/22/34/31/42/39/36/43/28/36/30/27/72 /74/104/105/i255/18/34/61/35/34/27/28 /55/5/57/70
/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58/58 /17/73/105/73/i255/12/41/41/34/27/41/26/35
/6/12/18/11/i255/18/25/12/7/10/25/8/23/22/10/7/18
/19/33/35/34 /20/34/33/31/34/41
Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F
Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F 10/17/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED BY CONTRACT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include:
Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. However, this additional insurance does not apply to:
(1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household.
(3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto".
(5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household.
B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached.
In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance.
C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy.
D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply:
1. To "loss" which occurs prior to the date of your contract with such person or organization;
2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement.
3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CA-F-127 (03-03) Policy Number: 1867267 Transaction Effective Date: 08/01/2024
Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F POLICY NUMBER: 1867267 COMMERCIAL GENERAL LIABILITY CG 20 42 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - AUTOMATIC STATUS FORDESIGNATED OPERATIONS This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Description Of Operation(s):
Delivery of goods, products, and/or fuel.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to
include as an additional insured any person(s) or
organization(s) for whom you have agreed to add
under any contract or agreement, but only with
respect to liability for:
1. "Bodily injury" or "property damage" not
included in the "products-completed
operations hazard"; or
2. "Personal and advertising injury";
caused by, in whole or in part, your acts or
omissions or the acts or omissions of those acting
on your behalf in the performance of your
operations as described in the Schedule above.
B. The insurance afforded to such additional insured
described in Paragraph A. above:
1. Only applies to the extent permitted by law;
and
2. Will not be broader than any coverage
requirement in a contract or agreement to
provide for such additional insured.
C. With respect to insurance afforded to these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising
injury" due to rendering of or failure to render any
professional service. This includes but is not
limited to:
1. Legal, accounting or advertising services;
2. Preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings or specifications;
3. Inspection, supervision, quality control,
architectural or engineering activities done by
or for you on a project on which you serve as
construction manager;
4. Engineering services, including related
supervisory or inspection services;
5. Medical, surgical, dental, X-ray or nursing
services treatment, advice or instruction;
6. Any health or therapeutic service treatment,
advice or instruction;
7. Any service, treatment, advice or instruction
for the purpose of appearance or skin
enhancement, hair removal or replacement,
or personal grooming or therapy;
8. Any service, treatment, advice or instruction
relating to physical fitness, including service,
treatment, advice or instruction in connection
with diet, cardiovascular fitness, bodybuilding
or physical training programs;
9. Optometry or optical or hearing aid services
including the prescribing, preparation, fitting,
demonstration or distribution of ophthalmic
lenses and similar products or hearing aid
devices;
10. Body piercing services;
11. Services in the practice of pharmacy;
12. Law enforcement or firefighting services; and
13. Handling, embalming, disposal, burial,
cremation or disinterment of dead bodies.
©Insurance Services Office, Inc., 2018 Page 1 of 2
CG 20 42 12 19 Policy Number: 1867267 Transaction Effective Date: 08/01/2024
Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the
offense which caused the "personal and
advertising injury", involved the rendering of or
failure to render any professional service.
D. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
The most we will pay on behalf of the additional
insured is the amount of insurance:
1. Required by the contract or agreement
described in Paragraph A. above; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
CG 20 42 12 19 Policy Number: 1867267 Transaction Effective Date: 08/01/2024
Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F
NAME:
COVERAGES CERTIFICATE NUMBER: 000-000000000-00 REVISION NUMBER:0
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD 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.
INSR
LTR TYPE OF INSURANCE ADDL
INSD
SUBR
WVD POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY PRO- LOC JECT
OTHER:
PRODUCTS - COMP/OP AGG $
$
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED
AUTOS ONLY
SCHEDULED
AUTOS BODILY INJURY (Per accident) $
HIRED
NON-OWNED PROPERTY DAMAGE
(Per accident) $ AUTOS ONLY AUTOS ONLY
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION $ $
B
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
X WLR C50724219 (AOS) 06/01/2024 06/01/2025 X PER
STATUTE
OTH-
ER
N / A SCFC50724256 (WI,MO,NC,NE,OK,PA) 06/01/2024 06/01/2025 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
City of Alameda
Public Works Department
2263 Santa Clara Avenue
Alameda, CA 94501
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA LLC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
10/16/2024
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 rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
MARSH USA LLC.
500 Dallas St., Suite 1500
Houston, TX 77002
CN108961098--CAS-24-25
CONTACT
PHONE
(A/C, No, Ext):
FAX
(A/C, No):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : ACE American Insurance Company 22667
INSURED
Hunt & Sons LLC
5725 Alder Ave
Sacramento, CA 95328-1107
INSURER B : Indemnity Insurance Company of North America 43575 INSURER C :
INSURER D :
INSURER E :
INSURER F :
Docusign Envelope ID: 9F6D2B5E-105E-40C3-866E-A5DE8EE6800F