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SERVICE PROVIDER AGREEMENT
Thi
s SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this 1st day of July 2025 (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and EDesignC, Inc., a California corporation whose address is 212 9 th St. Ste. 203, Oakland, CA. 94607 (“Provider”), 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: on-call mechanical engineering services.
City staff issued an RFP on March 17, 2025 and after a submittal period of 16 days received ten timely submitted proposals. Staff reviewed the proposals, interviewed qualified firms and selected the service provider that best meets the City’s needs.
C. Provider is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
D. Whereas, the City Council authorized the City Manager to execute this agreement on June 17 th, 2025.
E. The City and Provider desire to enter into an agreement for on-call mechanical engineering 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 the 1st day of July 2025, and shall terminate on the 30th day of June 2030, 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.
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 Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 Exhibit 2
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according to the fee schedule as set forth in Exhibit A and incorporated herein by this reference.
Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit A. b. The total five-year compensation for this Agreement shall not exceed $750,000.
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 employees, 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 undertak en 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 Indemnit ees 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: CC8E6701-5215-46F9-AD15-7B79654D7453
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covered, effective dates and dates of expiration of insurance coverage in compliance with Sections
10.b. (1) through (4). 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.
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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) A utomotive:
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. (
4) Professional Liability:
Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology- based, in the following minimum limits:
$2,000,000 each claim
A
s 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. d. FAILURE TO SECURE:
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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 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 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 main tained 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. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.
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:
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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.
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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. Generally, the City has the right to conduct audits of Provider’s financial, performance and compliance records maintained in connection with Contractor’s operations and services performed under the Agreement. In the event of such audit, Contractor agrees to provide the City with reasonable access to Contractor’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Contractor an opportunity to discuss and respond to any findings before a final audit report is filed.
b. 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”). c. 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.
d. 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.
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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 West Mall Square #110
Alameda, CA 94501
ATTENTION: Mike Billington, Facilities Manager
Ph: (510) 747-7952 / [email protected]
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:
EDesignC, Inc.
582 Market Street, Suite 400
San Francisco, CA 94104
ATTENTION: Rosanna Lerma, President
Ph: (415) 963-4303
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 #110
Alameda, CA 94501
ATTENTION: Jeanette Navarro, Executive Assistant
Ph: (510) 747-7932 / [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.
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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 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 re quirements, 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 Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453
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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 defend, 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.
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 defined 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, a nd 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.
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27. 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.
28. 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.
29. 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.
30. 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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IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.
EDesignC, Inc. CITY OF ALAMEDA
a California corporation a municipal corporation
Rosanna Lerma, PE, LEED AP Jennifer Ott
President City Manager
RECOMMENDED FOR APPROVAL
Stephen Howarter, PE
Secretary
Erin Smith
Public Works Director
APPROVED AS TO FORM:
City Attorney
Len Aslanian
Assistant City Attorney
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PROPOSAL
`
FOR THE
CITY OF ALAMEDA
ON-CALL MECHAN ICAL ENGINEERING SERVICES
SUBMITTED TO:
Chandni Patel
Facilities Project Manager
CITY OF ALAMEDA PUBLIC WORKS
P: (510) 747 -7978
E: [email protected]
SUBMITTED BY:
Rosanna Lerma, PE, LEED AP
Principal
EDESIGN C, INC.
O: (415) 963 -4303 x100
E: [email protected]
April 7, 2025
Exhibit A
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T ABLE OF C ONTENTS
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ON-CALL MECHANICAL ENGINEERING SERVICES
SECTION NO. AND TITLE PDF PAGE
Section A. DESCRIPTION OF ORGANIZATION , MANAGEMENT AND TEAM MEMBERS A.1. ....... COVER LETTER /F IRM PROFILE ....................................... 4 A.2. ....... TEAM ORGANIZATION ................................................ 5 A.3. ....... PROJECT TEAM RESUMES ............................................. 6 A.4. ....... PROJECT APPROACH /W ORK PLAN .................................. 11 Section B. ORGANIZATION QUALIFICATIONS .............................................. 16 B.1. ........ ON-C ALL EXPERIENCE ............................................... 17 B.2. ........ ON-C ALL WORK EXAMPLES ......................................... 18 i) ...... SAN FRANCISCO UNIFIED SCHOOL DISTRICT ............ 18 ii) ..... SOLANO COMMUNITY COLLEGE DISTRICT ................ 19 Section C. REFERENCES , RELATED EXPERIENCE AND EXAMPLES OF WORK ............. 20 C.1. ....... CLIENT REFERENCES ................................................. 20 C.2. ....... WORK EXAMPLES ..................................................... 21 i) ...... LINCOLN REC CENTER ...................................... 22 ii) ..... FRANCISCO PARK ............................................ 23 iii) .... OAKLAND UNIFIED SCHOOL DISTRICT .................... 24 iv) ...... CITY HALL PROJECTS ............................................... 25 Section D. FIVE -Y EAR BILLING RATE SCHEDULE ........................................... 27 Section E. CERTIFICATIONS ................................................................ 28 E.1. ........ COUNTY OF ALAMEDA SBE CERTIFICATION ...................... 29 E.2. ........ CERTIFICATE OF INSURANCE ........................................ 30 Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453
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SECTION A
DESCRIPTION OF ORGANIZATION , MANAGEMENT AND
TEAM MEMBERS
A.1. ....... COVER LETTER FIRM PROFILE .........................................
A.2. ....... TEAM ORGANIZATION ..................................................
A.3. ....... PROJECT TEAM RESUMES ...............................................
A.4. ....... PROJECT APPROACH /W ORK PLAN .....................................
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A.1 C OVER LETTER / FIRM PROFILE
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
SUBMITTAL DATE : APRIL 7, 2025
PROJECT TITLE : CITY OF ALAMEDA
ON-CALL MECHANICAL ENGINEERING SERVICES
SUBMITTED TO: Chandni Patel, Facilities Project Manager City of Alameda Public Works
P: (510) 747- 7978
SUBMITTED VIA: [email protected]
SUBMISSION DETAIL
EDesignC, Inc. is pleased to submit this Proposal to provide MECHANICAL ENGINEERING SERVICES for CITY OF ALAMEDA . We prepared our submission based on review of the Request for Proposal “RFP .” As of the date of this submission , EDesignC personnel have viewed the County of Alameda contracting opportunities webpage and have found no published Addenda for this RFP.
EDesignC is submitting a proposal in response to RFP for City of Alameda’s On -Call ELECTRICAL Engineering Services as well. In addition, EDesignC has been included as a subconsultant for the City of Alameda’s On -Call
ARCHITECTURAL Services.
FIRM OVERVIEW
EDesignC is a minority/woman -owned, multi -discipline
engineering firm established in 2008 , with three offices throughout the Bay Area, and is a certified by several agencies as a Small Business Enterprise (SBE), City of Alameda , Cert # #10-
00271 .
The firm is led by Principal s Rosanna Lerma, PE, LEED AP , as a Licensed Electrical Engineer, with 3 5 years of experience in the A/E industry, and Stephen Howarter, PE , a licensed Electrical Engineer, with 20 years of experience leading multi -discipline, integrated teams.
EDesignC currently holds on -call contracts with the County of Alameda and City of Oakland providing MEP Engineering Services.
PROPOSED SERVICE
MECHANICAL
Engineering Services
MARKETING CONTACTS
PRIMARY CONTACT
Rosanna Lerma, PE, LEED AP
PRINCIPAL
P: (415) 963 -4303 x100
E: [email protected]
SUBMISSION CONTACT
Debbie Graham
EDesignC Marketing Lead
C: (916) 346 -6362
E: [email protected]
FIRM INFORMATION
Established 2008
Sixteen (16) Years in Business
Three (3) Bay Area Branch Offices
PROJECT OFFICE
OAKLAND OFFICE
Established 2010
212 9th Street, Suite 203
Oakland, CA 94607
(510) 433 -0913
SCOPE OF SERVICES
Mechanical/Plumbing
Electrical | Low Voltage
Telecommunications Security
Access/Controls
Fire Alarm/Fire Protection
FIRM IDENTIFIERS
Federal ID # 26-2921452
California Corporation
DGS SBE(Micro) #1033607
County of Alameda SLEB #10 -00271
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A.2 TEAM ORGANIZATION
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
JAMES DYER, PE, LEED AP
Senior Plumbing Engineer
Rosanna Lerma will be PRINCIPAL -IN-CHARGE and will provide QUALITY ASSURANCE AND CONTROL . Rosanna has led the firm to work with multi- project, work/task order contracts for nearly two dozen contracts . Rosanna is based in the San Francisco.
PROJECT MANAGER and Primary Point -Of-Contact will be Aubrey Butte , MEP Designer. Her growing Project Management portfolio includes a versatile combination of community - centered projects. Aubrey is based in Oakland.
Bruce Douglas, PE , will be primary SENIOR MECHANICAL ENGINEER , He perform s Energy Analysis, HVAC, Plumbing, Fire/Life Safety designs . He is based in the Oakland ofice.
Jim Dyer , PE, LEED AP, is SENIOR PLUMBING ENGINEER , performing HVAC and plumbing designs . He is based out of the Oakland office.
Carol Davis IS A MECHANICAL DESIGNER . She is the BMI/CAD Manager working in conjunction wi th Project Manager and licensed PE ’s to produce high c aliber design materials. Carol is ba sed in the San Francisco office.
STAFF BREAKDOWN
Twelve (12) Staff Members
Two (2 ) Licensed Mechanical Engineers
Two (2 ) Licensed Electrical Engineers
Two (2) LEED Accredited Professionals
Eight (8) technical personnel
Four (4) Administrative personnel
OFFICE LOCATIONS
OAKLAND OFFICE
Established 2010
212 9th Street, Suite 203
Oakland, CA 94607
P: (510) 433 -0913
SAN FRANCISCO OFFICE
Established 2008
582 Market Street, Suite 400
San Francisco, CA 94104
P: (415) 963 -4303
PLEASANT HILL
Established 2012
91 Gregory Lane, Suite 3
Pleasant Hill, CA 94523
P: (925) 587 -9779
ROSANNA LERMA, PE, LEED AP
Principal-In-Charge
STEPHEN HOWARTER, PE
Principal + QA/QC
BRUCE DOUGLAS, PE
Senior Mechanical Engineer
MATTHEW GILLESPIE
Low Voltage Designer
CAROL DAVIS
Mechanical Designer
CHILOT MALTO
Electrical Designer
AUBREY BUTTE
PROJECT MANAGER + MEP Designer
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A. 3 PROJECT TEAM RESUMES
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
ROSANNA LERMA , PE, LEED AP
PRINCIPAL -IN-CHARGE
Rosanna has led the firm working with some
of the Bay Area’s most leading public
agencies and developers at the forefront of
the Bay Area’s housing development.
Rosanna has built a resume and reputation of 30+ years of commitment to sustainability design and professional community involvement. She is a recipient of industry awards and is a distinguished speaker, with notable engagements, such as the “G
ETTING TO ZERO ” Forum in New York in October 2021.
Rosanna founded EDesignC with a heartfelt commitment to community service and the forward movement of functional, service -oriented, and user -beneficial building systems. She has been a contributor for many LEED projects and brings a vision to integrate eff iciency with practicality and innovation. Rosanna’s leadership style cultivates a collective endeavor to produce high caliber design products.
REPRESENTATIVE EXPERIENCE
• Alameda -Contra Costa Transit District ( MEP); Oakland and Hayward • Alameda Courthouse HVAC Unit Replacement; Alameda
• Independence Plaza Senior Housing Lobby Upgrades ; Alameda • SFO Consolidate Administration Center, Design/Build New Construction • City of Oakland Retirement Benefit Office Renovation
• City of Palo Alto Multiple Floor Tenant Improvements
• City of Palo Alto Substation Security Lighting
• County of Marin Health and Human Services Tenant Improvements ; San Rafael • County of Marin Showcase Theater, HVAC Upgrades and Improvements ; San Rafael • County of Marin, Garage Fleet EV Charging Stations
• County of Mari n, Showcase Theater HVAC Replacement
• Downtown Oakland Senior Center Renovations and Upgrades; Oakland • Curry Senior Center Renovations and Upgrades; Oakland • Lincoln Rec Center Renovation and Expansion; Oakland
• WETA Ron Cowan Central Bay Operations and Maintenance Facility, New Construction
ROSANNA LERMA , PE, LEED AP
CA Electrical Engineer #E15977
35 Years | 1 6 With Firm
San Francisco Office
EDUCATION
B.S. in Electrical Engineering,
University of the Pacific
REGISTRATION
California Electrical #E15977
NV #017252 | HI #13690 -E
CERTIFICATIONS
US Green Building Council, LEED
Accredited Professional
PROFESSIONAL AFFILIATIONS
BAAQMD Advisory Council
2009 -2010
IEEE: Power & Energy Society
various positions 2004 – present
Oakland East Bay Section various
positions 1989 present
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A. 3 PROJECT TEAM RESUMES
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
AUBREY BUTTE
PROJECT MANAGER
MEP DESIGN ENGINEER
Aubrey is a graduate of San Francisco State
University. She has four years of
experience in the built industry. Aubrey has
a passion for community service and a
commitment to the development of housing accessibility in the Bay Area working with low- income housing community
organizations. Her primary role at EDesignC is designing and managing projects including upgrading much needed building renovations and new building development.
Aubrey’s growing Project Manager portfolio consists of a mix of multi- residential projects, both new and modernizations, as well as a range of commercial, education and community projects. Her approach to Project Management includes clear, open communicat ion in order to resource project goals and needs at every aspect of project progression.
REPRESENTATIVE PROJECTS
• Berkeley USD Longfellow Middle School Mod ernization (Lease/Leaseback) • SFUSD Washington HS Theater renovation, FUSD ; Fremont • Lincoln Rec Center (PM) - Community Rec center; Oakland • East Bay Municipal Utilities District, Multiple application projects; Oakland • 1535 Jackson St , Low-Income housing (PM) ; San Francisco • 2422 5 th St, Low -Income housing (PM) Berkeley
• Palmilia by the Bay – new mixed -use & two building, multi -family high rise; SF (PM) • Harrison Tower – multi -family, high rise; Oakland
• Bernal Dwellings, multifamily complex resident services office; San Francisco • Bernal Dwellings, multi- family apartment complex; San Francisco • CCDC Bayside/Consorcia/Tower Hotel, multiple sites affordable housing upgrades (in CA) • 2400 Filbert, new mixed -use, multi -family housing; Oakland • 1313 Galindo Terrace - new construction of multi- family housing; Concord • Cedars Studio Apartments - multi -family housing, conversions; Campbell • Sequoia Hotel - Hotel conversion to affordable housing high rise; Sacramento • Mission Inn - hotel turned affordable housing, upgrades; San Francisco • Mayfair – El Cerrito new apartment building (PM)
• ASJ Dojo small commercial space upgrades; San Jose ( PM)
A UBREY B UTTE
Seven (7) Years | Six (6 ) With Firm
Oakland Office
EDUCATION
Bachelor of Science
Mechanical Engineering
San Francisco State Univerity
CERTIFICATIONS
COSE Showcase Honorable Mention
Science Achievement Award
Community Service Award
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A. 3 PROJECT TEAM RESUMES
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
BRUCE DOUGLAS , PE
SENIOR MECHANICAL / SUSTAINABILITY ENGINEER
Bruce perform s Energy Analysis, HVAC,
Plumbing, Fire Protection designs and
Commissioning for various industries, both
public and private sector. He has focused on
design strategies for improved ventilation
and has experience balancing function, comfort, maintenance, constructability and architectural concerns surrounding HVAC systems.
Bruce has completed the year -long PG&E Pacific Energy Center Existing Building Commissioning (PEC EBCx) course, an intensive practicum on the commissioning process and tools. Bruce brings a systems -thinking approach to optimizing the feasible level of sustainable design on projects, with thorough evaluation of potential technologies. He has focused on design strategies for improved ventilation in residential units both affordab le and market rate, and has experience balancing function, comfort, maintenance, constructability and architectural concerns surrounding HVAC systems. Also, he has promoted and designed forward thinking domestic hot water system designs, emphasizing water conservation with an eye towards Net Zero Energy .
REPRESENTATIVE PROJECTS
• Solano Community College District; HVAC Improvements & Upgrades Vacaville/ Vallejo • County of Marin Health and Human Services Tenant Improvement ; San Rafael • Oakland USD Central Kitchen, Instructional Farm, and Education Center; Oakland • Oakland USD Fremont High School, Transformation Project; Oakland • Ohlone Community College Utilities Master Plan, Fremont • Ohlone Community College Data Center Relocation, Fremont • Coliseum Place ; Oakland, CA – New, MEP/Net Zero
• Palmilla By The Bay; San Francisco, CA -- New, MEP/Net Zero • Casa Adelante @ 2828 16 TH Street; San Francisco, CA – New, MEP/LV • The Laurette; Berkeley, CA -- New/Rehab, MEP
• St. Paul Terrace; San Francisco, CA – Renov, MEP/LV 1 • Holly courts, SFHA/MOH/RAD, San Francisco – Rehab, MEP • Hunters Point East West, SFHA/MOH/RAD, San Francisco – Rehab, MEP • Satellite Five, Five (5) Properties (SAHA), Oakland – Rehab, MEP • Project Pride SRO Housing (SAHA); San Francisco, CA -- Rehab, MEP
BRUCE DOUGLAS , PE
CA Mechanical #M25957
30+ Years |Ten (10) With firm
EDUCATION
Bachelor of Science , Mechanical
Engineering; University of
Michigan
PROFESSIONAL AFFILIATIONS
US Green Building Council,
Corporate Member
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A. 3 PROJECT TEAM RESUMES
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
JAMES A. DYER , PE, LEED AP
SENIOR PLUMBING ENGINEER
Jim has 30 years of experience as a
Mechanical Engineer in California
performing HVAC and plumbing designs for
multi- family residential, commercial,
institutional, retail, health care and
governmental projects. Jim provides Mechanical and Plumbing design support on the project.
Jim has designed solar thermal systems that help facilities with high heating loads offset energy usage. He is an AutoCAD expert (including customization) and proficient in Revit, HVAC 3D modeling, Trace and EnergyPro as well as experience with EQuest. He is also skilled in public speaking, training and technical writing. Jim has designed solar thermal systems that help facilities with high heating loads offset energy usage. He is an AutoCAD expert (including customization) and proficient in Revit, HVAC 3D modeling, Trace and EnergyPro as well as experience with EQuest.
REPRESENTATIVE EXPERIENCE
• Solano Community College District; HVAC Improvements and Upgrade, Vacaville/Vallejo • City of Palo Alto, City Hall Tenant Improvement and Remodel; Palo Alto • City of Oakland Retirement Benefit Office Tenant Improvement; Oakland • Marin County Showcase Theater, HVAC Upgrades and Improvements; San Rafael • Alameda -Contra Costa Transit District, Weatherization Repairs; Oakland/Hayward • Tri-Delta Transit , Upgrades and Modernization; Walnut Creek • Hunter’s Point Community Facilities Demonstration Project; San Francisco • Big Break Visitor’s Center at the Delta; Oakley
• Woodland Community College; Upgrade and Modernization; Woodland • Woodland Public Library; 745.5 Square One Makerspace; Woodland • Ohlone Community College, Utilities Master Plan; Fremont • Casa Adelante, 2828 16 th Street, New Construction; San Francisco • Edwin M. Lee Apts.; San Francisco
• Valley Oaks Homes, New Construction; Sonoma
• Cambrian Center, Renovation; San Jose
• Ping Yuen Center & Ping Yuen North, Renovation; San Francisco • Bethany Center Senior Housing, Renovation; San Francisco • Holly Courts SFHA/MOH/RAD Phase I
• Hunter’s Point East West SFHA/MOH/RAD Phase I
Jim Dyer, PE, LEED AP
Registration
CA Mechanical Engineer #25378
30+ Years | 11 With Firm
Education
B.S. in Mechanical Engineering,
California State University at
Sacramento
Certifications
US Green Building Council, LEED
Accredited Professional
Plumbing Design, certification
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A. 3 PROJECT TEAM RESUMES
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
CAROL DAVIS
MECHANICAL DESIGNER + BMI/CAD MANAGER
Carol’s background includes R&D and
prototype design of fiber optic sensor
systems for a variety of applications
including gyroscopes for satellites and
military aircraft, intrusion sensors, microphones, structural stress sensing, as well as fiber optic technologies and sonar systems for naval applications. U.S. Patent awarded for a Fiber Optic Rotary Joint.
Carol’s experience includes HVAC and plumbing systems for a variety of community projects, including project management o f BETHANY CENTER SENIOR HOUSING . RENOVATION ’ RUTH ’S TABLE , as well as childcare project sites, such as the r enovation OF LA PETITE PLAYHOUSE .
STEPHEN HOWARTER , PE
PRINCIPAL + QUALITY ASSURANCE AND CONTROL
Stephen is Principal- In-Charge for all
educational environment contracts, from
K-12 to Higher Education, as well as
community learning facilities. He leads a
variety of multi -discipline combination
teams in service to over a dozen Northern California school districts. From Principal -In-Charge to hands -on, Stephen’s portfolio includes a wide -range of services, from renovation to new construction. Stephen has been a contributor to LEED certified projects at every level and brings a balance of practicality and innovation.
REPRESENTATIVE PROJECTS
• Independence Plaza Senior Housing Lobby Upgrades ; Alameda • Contra Costa County Public Works, Multiple Fire Stations, New Construction, Renovations • San Francisco Public Works, Multiple Fire Stations, New Construction, Renovations, and Upgrades • San Francisco Public Utilities Commission, Multiple Projects • San Francisco Unified School District, Multiple Consecutive On- Call Contracts 2013 -Present • Oakland USD Fremont High School, Transformation Project; Oakland • Oakland USD Central Kitchen, Instructional Farm, and Education Center; Oakland
C AROL D AVIS
Nine (9) Years | Seven (7) With firm
Pleasant Hill Office
EDUCATION
B.S. Mechanical Engineering
University of California, Berkeley
UC Berkeley Extension
Certificate in HVAC Design
TECHNICAL SKILLS
AutoCAD, SolidWorks,
Printrbot Jr.,
Makerbot Replicator
DeltaMaker 3D printers
STEPHEN HOWARTER , PE
CA Electrical Engineer #E18568
20 years | 16 With firm
Pleasant Hill Office
EDUCATION
B.S. in Electrical Engineering (Power),
California Polytechnic State University,
Pomona
PROFESSIONAL AFFILIATIONS
IEEE: Oakland East Bay Power & Energy
Society Officer
2008 to 2013
NFPA Member, Fire Alarm System
US Green Building Council
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A.4 P ROJECT APPROACH /W ORK PLAN
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
DEPTH OF TECHNICAL SERVICES
EDesignC is committed to building an organization that
represents the communities we service in all its multi- dimensional populace demographics. Our staff is made up of a culturally diverse group of professionals that bring a range of complimentary perspectives to design, incorporating years of progressive experience with advanced, state- of-the -art components.
TECHNICAL RESOURCES : EDesignC utilizes the delivery process of integrated design early in the process to ensure the systems are reviewed and selected to meet the schedule, budget and project goals for comfort and aesthetics. The schematic phase is critical in determining the p arameters and reviewing the practical system solutions. Quality control and value engineering can be leveraged early in the process. The main focus is determining first cost vs long term operations and maintenance for the systems selected. This type of ana lysis in schematic allows us to work towards a realistic budget which will limit the ‘VE’ process. Many times, quality is compromised during the VE process which is why we strive to address the issues early in design stage so decisions can be made. It also allows us to identify items that can be priced as alternates where budgeting has some flexibility.
EDesignC staff are proficient with BIM, CAD, Revit, and other design and code compliance software. Current designs in construction reflect our ability to handle projects and the unforeseen conditions that are encountered. Understanding the need to be on site regularly and to respond to RFI and submittal reviews in a timely manner is what sets our team apart from others. We work with the Architect/Owner, their stakeholders and team to resolve the issues quickly with the least impact to the project budget a nd schedule.
AC Transit
Oakland Mobile Library
Ron Cowan M&O
Dublin Sherrif’s Department
Fremont HS, Oakland USD
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A.4 P ROJECT APPROACH /W ORK PLAN
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
UNDERSTANDING OF MAJOR ISSUES
Owner stakeholders need to be interviewed at the beginning of the project to understand how the proposed work will impact operations of at any potential project sites . The key components need to be identified early and discussed regularly with the design team so that the contract documents can highlight these items to the contractor. Once a contractor is added to the team, the design team needs to confirm their under standing of the scope and how the work will impact operations. Regular check - ins between Owner, Design Team, and Contractor will result in the major issues becoming non -issues.
MULTIPLE PROJECT CONTRACT APPROACH
Our team has extensive experience delivering services for multi -project, multi- site, and task -driven projects of varying scopes range from minor to complex. Each staff member contributes to the firm’s common mode of operation working with personnel and environments at multiple locations with various projects and tasks at each individual site. Our firm has in place an in- house comprehensive project approach template which has been and continues to grow and improve through direct project experience with multi -project contracts. Our developed project approach is then specifically tailored to include and address the outlined needs of each project. This includes discipline specific cost estimating with long term cost for maintenance and operations, that leverages vendor budget numbers with experience on labor multipliers; weekly project status meetings to coordinate upcoming activities for project goals and milestones.
Our team will tailor our standard approach that has been perfected through extensive experience with multi- building properties developed for community use. We will develop a Basis of Design (BOD) document that outlines the requirements of the project with proposed solutions to upgrade the mechanical, electrical and structural systems throughout each project property, and implementing changes and upgrades.
EDesignC will work with the team to bring high performing building systems that balance the budget and the program needs with long -term cost for maintenance and operations. Our team will meet weekly as a group to discuss the project and coordinate the disciplines required and how they are interconnected. Having an integrated MEP and structural team allows for collaboration and synergy.
PROJECT SCHEDULING
Compliance with performance schedules is tied to a good working team that can provide the milestones to meet the performance schedules. Developing practical schedules and having key stakeholders make decisions in a timely manner allow us to meet the deadlines. Our team has implemented milestones that are critical path to meeting the final schedules. Our past performance is rooted in doing what it takes when curve balls are thrown.
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A.4 P ROJECT APPROACH /W ORK PLAN
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025 As a collaborative, we are set up with the capacity to accomplish the work in required time. As noted in previous performance schedule information early planning allows for adjustments to staffing on a project and priorities for the staff. In addition, our team has partnering associates to tap for additional resources and specialties to round out the capacity available for projects . The invoicing for the project is provided monthly with required back up timesheets and agreed to invoicing schedule based on the deliverables and milestones.
CONSTRUCTION ADMINISTRATION
QUALITY ASSURANCE AND QUALITY CONTROL
EDesignC works with Construction Administration in mind from the point of project kick -off, with a strong QA/QC process to minimize RFIs and change orders. We begin by establishing clear lines of communication for a seamless understanding of the needs and desires for the project. We then cultivate a steady process of project status meetings and check -ins with all stakeholders to ensure design in progress as desired and expected.
PROCESSING OF CONSTRUCTION ADMIN ITEMS
We know that inquiries during construction are necessary and expected to ensure accurate implementation of design. With cost value and expediency in mind, the firm has a tried and perfected system to process “CA “items in a timely and comprehensive manner. Our team provides strong and clear documentation of the extent of work to limit questions or ambiguities from the contractor and subcontractors.
PERSONAL , HANDS -ON RESOLUTION
For example, RFIs should include a suggested solution with RFI responses returned in three working days, and review of submittals completed in 10 working days. Early review of submittals covers proposed materials for the project that have long lead times. Bringing these items to the attention of the team incorporates them into the construction schedule with ample time to secure and implement them.
When issues arise, an in -person site visit early on ensures that any questions or concerns are answered timely. Often, reviewing the design intent with an on -site meeting avoids stop -gaps and enables a project to keep moving forward.
ATTENTION TO COST EFFICIENCY
If an unforeseen condition is found and a change order is required, controlling the cost is key to a successful project. Our reviews provide comments on credits, which enhance a project and ensure that a fair and equitable accounting is tracked.
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A.4 P ROJECT APPROACH /W ORK PLAN
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
MULTI -DISCIPLINE DESIGN
Successful projects are more than the sum of their parts. EDesignC by its definition is an Engineering Design Collaborative and our engineers understand that each design decision affects another. Working in conjunction with other team firms, Owner’s consultants, Architect’s consultant, and other stakeholders at every level is a part of our mission. It is our goal to produce th e highest caliber products in collaboration with other disciplines firms, General Contractors and all development and building permit ting agencies.
TEAM COMMUNICATION : Open and consistent communication with the entire design team, both in -house and subconsultants is a prior for the project continuity, to ensure that each discipline is alignment with the project goals, milestones, schedule and budget, as well as the Client’s expressed needs.
Internal work sessions to review equipment that needs power, equipment weights to structural to ensure mounting and supports are coordinated, plumbing items that may need power or access. These work sessions allow easy discussion on the requirements.
ADJOINING PROJECTS
For the City of Alameda , simultaneous adjacent projects are expected. It is important to identify the extent of work area and boundaries of each of the projects early in the process. Communicating early and often with the adjacent project team to understand sequencing and how each of the projects affect the other is key. The team need to work together to ensure that new work is not disturbed by the adjacent project.
A clear scope of work needs to be identified for every project to ensure timely execution of parallel projects. Systems cutovers and down time need to be closely executed to minimize undoing work or excessive system down times. In some cases, provisions for future connections can be developed in collaboration with the adjoining projects to simplify the project implementation.
QUALITY ASSURANCE AND CONTROL
PROJECT KICK -OFF: Our most successful projects integrate practical innovations not only in design, but in the sequencing of the work, as well as the establishment of good communication and planning throughout the process. Early communication with stakeholders, decision making process and budgeting priorities allows for all parties involved to buy -in to the project goals and objectives.
CLIENT COMMUNICATION : Our Project Manager will maintain daily open communication with Client/Owner Representatives, providing regular updates on project status via conference calls and regular check -in calls; as well as team members for every project, identifying subtask goals, defining priorities, and forging clear paths.
IN-HOUSE COMMUNICATION : The coordination for the EDesignC project team members is reviewed weekly at the staff meeting and our internal three -week look ahead schedule to ensure that deliverables have Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A.4 P ROJECT APPROACH /W ORK PLAN
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025 adequate staff to meet the deadlines. The weekly meeting also ensures we can pull in support staff if issues or challenges come up. The benefit of a small firm is that our team is very tight -knit and works as a well -balanced, complimentary unit, each contributing unique, significant attributes that combined provide cohesive designs and comprehensive service.
PROJECT PROGRESSION : Project status, updates and communications are shared and reviewed team -wide at our weekly meeting project/staff meeting that welcomes additional insight. Project scheduling is a priority of this meeting to ensure all milestones and deadline are calenda red and projects are progress on-schedule. A more in -depth project review double -checks that the project is within budget.
CONTRACT DOCUMENTS
Developing a tight set of contract documents is key to minimizing the construction RFI and change orders. Our team works closely with the team to define the scope of work and maintain a rough order of cost to ensure the scope and budget align. Owner project requirements are established early on to ensure all aspects of a project are incorporated.
Schematic phase provides a basis of design and scope of work narrative that has enough detail to get preliminary pricing. Once that is reviewed with owner we move to Design development phase. Here we detail the routing, clearances and fine tune initial l oad calculations to see how the changes are incorporated to the existing systems. Another round of pricing is provided to make sure budget is maintained. Review with owner and key trade staff to see if any concerns or questions. Once DD is signed off, we move to detailed construction drawings and specifications. The BICE approval process is started at the 95% level set to allow for final details and response to comments before issuing the bid set.
As work at some project sites may take place at occupied facilit ies , the project documents will contain information on proposed sequence of construction to ensure cutovers and construction material access is considered for contractor pricing.
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453
`
SECTION B
ORGANIZATION QUALIFICATIONS
B.1. ........ ON-C ALL EXPERIENCE
B.2. ........ ON-C ALL WORK EXAMPLES
a. ..... SAN FRANCISCO UNIFIED SCHOOL DISTRICT
b. ..... SOLANO COMMUNITY COLLEGE DISTRICT
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION B: ORGANIZATION QUALIFICATIONS
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
M ULTIPLE P ROJECT C ONTRACT A PPROACH
Our team has extensive experience delivering services for multi -project, multi- site, and task -driven projects of varying scopes ranging from minor to complex. Each staff member contributes to the firm’s common mode of operation working with personnel and environments at multiple locations with various projects and tasks at each individual site.
P UBLIC S ECTOR C LIENTELE
1. AC Transit District
2. City of Oakland Public Works
3. City of Palo Alto
4. City/County of San Francisco
5. Contra Costa Public Works
6. County of Alameda
7. County of Marin Public Works
8. County of Monterey
9. County of Sonoma Water Agency
10. East Bay Regional Park District
11. San Francisco Fire Department/SFO
12. San Francisco Public Works
13. San Francisco Public Utilities Commission
14. San Francisco Housing Authority
15. Santa Clara Housing Authority
16. Treasure Island Development Authority
17. Town of Moraga
18. Water Emergency Transportation Authority
CURRENT ON-CALL CONTRACTS
EDesignC has provide services for a dozen on -call services contracts, both in the role of prime and as sub consultant. Through these project experiences, EDesignC has developed a system for managing multi -site, multi- project contracts.
1. Contra Costa County, (2) Prime ................................. Elec & Mech, Separate 2024 -2029
2. County of Alameda On -Call, Prime ....................................................... MEP 2024 -2027
3. San Francisco USD, (3) Prime ............................................... MEP/FP/LV/TC 2013 -2024
4. Marin CCD, Prime ............................................................... MEP/Fire Alarm 2022 -2025
5. City of Scotts Valley, Prime ................................................................. MEP 2022 -2025
6. Sacramento City USD, Prime ................................................... Electrical/LV 2023 -2028
7. San Francisco Public Works, Sub .................................................. Electrical 2014 -2025
8. San Francisco Public Works, Sub ............................................... Mechanical 2020 -2025
9. County of Monterey, Sub ............................................................... Historic 2019 -2025
10. Treasure Island Development Agency, Sub ........................................... MEP 2019 -2025
11. City of Oakland, Sub ....................................................... MEP/Low Voltage 2022 -2026
12. San Francisco Public Works, Sub ........................................... Waterproofing 2021 -2026 Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION B: WORK EXAMPLE
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
BUSHNELL
ATHLETIC CENTER
SAN FRANCISCO
UNIFIED SCHOOL DISTRICT
MASTER AGREEMENTS FOR ENGINEERING SERVICES
EDesignC has provided a full range of engineering disciplines and services to SFUSD through cons ecutive On-Call Master Agreement s since 2013 and on- going. In addition to services as Prime Contractor , EDesignC has provided SFUSD a variety of project support through our partnerships with Gelfand Partners Architects and Studio Perez Architects.
Project sites have included D
ISTRICT ADMINISTRATIVE OFFICES , DEPARTMENT
OF TECHNOLOGY and over 40 school sites. Project types have included New Construction, Renovation, Upgrade and Modernization, S tudy and Assessment, Access and Security , and Seismic Retrofit .
School Sites , a partial listing:
• Chinese Education Center
• Chinese Immersion School at De Avila
• Downtown Continuation High School
• Fairmount Elementary School
• Herbert Hoover Middle School
• James Denman Middle School
• James Lick Middle School
• Kate Kennedy Children's Center
• Lafayette Elementary School
• Lake Shore Elementary School
• Lawton Alternative School
• Leola M. Havard Early Education School
• Lowell High School
• Nourse Theater (Formerly Titled)
• Raoul Wallenberg Traditional High School
• Rooftop Elementary School
• Starr King Elementary School
• Student Nutritional Services, Gates
• Tenderloin Community ES
• Thomas Edison Charter Academy
• Tule Elk Park Child Development Center
• West Portal Elementary Schoo l
TENDERLOIN
COMMUNITY SCHOOL
DIANE FEINSTEIN
ELEMENTARY SCHOOL
S AN F RANCISCO USD
MASTER AGREEMENTS
2013 -2016
2018 -2019
2019 -2024
Disciplines
Mechanical, Electrical, Plumbing
Telecommunications
Fire Protection/Fire Alarm
Access Control and Security
Project Sizes
48.5K to 240.2K SqFt
Project Costs
Ranging from $40k to $12M
Service Dates : 2013 - On-going
OWNER CONTACT
Mr. Simon H. Reyes
District Architect
Facilities, Design and
Construction Department
SAN FRANCISCO
UNIFIED SCHOOL DISTRICT
P: (415) 241 -4311
E: [email protected]
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION 2: REFERENCES AND EXPERIENCE
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
SOLANO COMMUNITY COLLEGE DISTRICT
HVAC IMPROVEMENTS AND UPGRADES
VACAVILLE AND VALLEJO CAMPUSES
EDesignC provided mechanical investigation, design and construction administration services related to improvements and upgrades of the HVAC systems at the Vacaville and Vallejo Center buildings as part of the Measure Q Bond program for the Solano Communit y College District; conducting site investigations, assessment and evaluation of the existing HVAC systems to confirm feasibility of proposed preliminary approaches, and provided recommendations report advising the District on methods to modify, improve, o r replace HVAC systems for each time horizon being assessed to assist the District to fully understand the operational impacts from proposed solutions.
The projects at both the Vallejo and Vacaville Centers consisted of removal of the oversized, partially -functional water -source heat pump, rooftop indoor units and replaced with standard air
conditioning/hydronic heating units. The design included correct ing design/construction issues, such as short -circuiting air flow, thermostats installed in supply air stream.
Construction at the Vallejo Center was completed in August 2017 with a construction cost of $2 million. The Vacaville Center construction began in May 2018 and completed in August 2018 with a estimated cost of $2M.
VALLEJO CENTER
VACAVILLE CENTER
S OLANO CCD
Disciplines
Mechanical/Electrical
Project Type
Higher Education
Significant Date s
May 2016 to 2018
VALLEJO CENTER
Construction Total $2M
Completion Date: August 2017
VACAVILLE CENTER
Construction Total $2M
Completion Date: August 2018
Project Team
Stephen Howarter, PE – PIC
Jim Dyer, PE, LEED AP – PM
Rosanna Lerma, PE , LEED AP –
QA/QC
CLIENT /O WNER REFERENCE
Lucky Lofton
Executive Bond Manager
SOLANO COMMUNITY
COLLEGE DISTRICT
P: (707) 863 -7855
E: [email protected]
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453
`
SECTION C
REFERENCES , RELATED EXPERIENCE AND EXAMPLES OF WORK
C.1. ....... CLIENT REFERENCES
C.2. ....... WORK EXAMPLES
i) ...... LINCOLN REC CENTER
ii) ..... FRANCISCO PARK
iii) .... OAKLAND UNIFIED SCHOOL DISTRICT
iv) .... CITY HALL PROJECTS
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION A.3: CLIENT REFERENCES
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025 Mr. Simon H. Reyes
District Architect
SAN FRANCISCO UNIFIED SCHOOL DISTRICT
Facilities, Design and Construction Department
P: (415) 241- 4311
E: [email protected]
Chris Richard
Project Manager
GHD G ROUP
P: (415) 283.4970
E: [email protected]
Lisa Gelfand, FAIA
Principal
GELFAND PARTNERS ARCHITECTS
P: (415) 346.4040
E: [email protected]
Daniel Perez, AIA, LEED AP BD+C
PRINCIPAL
STUDIO PEREZ ARCHITECTURE
P: (415) 503.0329 | E: [email protected]
Richard Lee Parker, AIA, LEED AP
Principal
450 ARCHITECTS
P: (415) 546.0450
E: [email protected]
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION C: WORK EXAMPLE
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
LINCOLN SQUARE RECREATION CENTER
EDesignC provides MEP Engineering and Low Voltage Design for the new Lincoln Square Recreation Center, replacing the facility in the heart of Chinatown. The City of Oakland solicited teams to provide a sustainable revamp to the recreation hub in Downtown Oakland that is currently under construction.
The team met with multiple stakeholders including city staff and community members to evaluate the site and building, maintenance and operations, security, safety, and sustainability needs. California codes and City of Oakland standards and ordinances were re searched to provide facility concepts. Utility connection points were coordinated with the civil engineers and the architect.
A Sustainability Strategy Implementation Plan provided updates to the HVAC, lighting, and plumbing systems to maximize energy conservation. Indoor Air quality improvements were emphasized in the wake of Covid. Photovoltaics as well as fuel cells and other renewable energy options were considered to offset building energy usage.
EDesignC also prepared a commissioning plan for major systems and finalized LEED certification requirements.
The project accounts for diverse , city -wide use by current and future generations and incorporates accessibility and flexible spaces for community gathering, wellness and learning, and indoor/outdoor connection.
LINCOLN REC CENTER
DISCIPLINES
MEP /Low Voltage
PROJECT SIZE
Facility: 22,221 SF
Site: 37,650 SF
PROJECT COST
Est. Construction Cost: $ 29.5M
Fee: $110,000
SIGNIFICANT DATES
Design Start: 2021
Complete: est. 4/202 6
PROJECT TEAM
Stephen Howarter – PIC
Aubrey Butte – PM
Rosanna Lerma – QA/QC
CLIENT /ARCHITECT :
Alan Kawasaki , Principal
Shah Kawasaki Architects
P: ( 510) 379 -2261
E: [email protected]
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION C: WORK EXAMPLE
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
FRANCISCO PARK
F
RANCISCO PARK , is a public park in the Russian Hill neighborhood of San Francisco. The project objective of the F RANCISCO PARK CONSERVANCY , a nonprofit organization , was to change the existing Francisco Reservoir , with surrounding open space and public space to a cohesive, fully available, public park that harkens to Francisco Reservoir as an historic feature. The park has multiple spaces used for diverse types of activities, including overlook plazas, a dog run, children’s playground, large and small lawns, historical exhibits, and natural, planted areas.
EDesignC provided Mechanical, Electrical, and Plumbing Engineering Services . The scope included building ventilation, new utility connections, meters, and plumbing including irrigation
pump/infiltration building plumbing design and lighting and controls at the Bay Street Entry Plaza/Convenience Building, West Entry Plaza/Maintenance and Convenience Building; including nighttime lighting for Children’s Playground nighttime , art and education component, pathways, and landscape accent night time lighting.
F RANCICO P ARK
DISCIPLINES
Electrical + Plumbing Engineering
PROJECT VALUE
$27.5MM
PROJECT SIZE
4.5 Acres
SERVICE DATES
Design Service Began 2017
Construction Completed 2022
ARCHITECT CONTACT
Richard Parker, AIA, Principal
450 Architects, Inc.
P: 415.546.0450 x101
E: [email protected]
Photo Credit: Bruce Demonte
BEST LANDSCAPE/URBAN DEVELOPMENT
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION C: WORK EXAMPLE
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
OAKLAND UNIFIED SCHOOL DISTRICT
O NGOING D ISTRICT W ORK
EDesignC has provided engineering design services to the OAKLAND UNIFIED SCHOOL DISTRICT for the past ten years. Scope of services have included MEP, Commissioning, Energy Efficiency, Low Voltage, and Fire Alarm and Sprinkle r design and DSA.
CENTRAL KITCHEN , INSTRUCTIONAL FARM , AND EDUCATION CENTER EDesignC provided MEP commissioning services
for newly constructed 45,000 SF facility
centralized kitchen and food distribution which serves as the site of the district -wide school food program network, and serves up to 35,000 student meals per day.
FREMONT HIGH SCHOOL TRANSFORMATION PROJECT
Through the district -wide school improvements
endeavor , Fremont High School underwent an
$82 million renovation with new construction. EDesignC was brought onboard to provide Electrical, Low Voltage, and Fire Alarm services.
DISTRICT -WIDE ENERGY PROJECT
EDesignC was selected for OUSD’s Prop 39 projects to improve energy efficiency for five school campuses to improve their energy consumption, ventilation, and occupant health.
LAUREL CHILDREN DEVELOPMENT CENTER
EDesignC provided electrical and fire alarm design services for the all- electric, new construction of the 10,200 sqft , single story pre - school at the existing Laurel Elementary School Site. The project is currently in construction and estimated completion is Winter 2023.
OAKLAND USD
OUSD CONTRACT S
Central Kitchen 201 5-2021
Fremont High School 201 6-2021
Havenscourt CCPA 2015- 2018
Laurel 2016- 2023
Prop 39 2016 -2019
Range of Project Budget
Range from $ 48K to $ 133.2 M
Range of Project Sizes
Range from 10.8K to 10,329 SF
Project Team
Stephen Howarter, PE – PIC
Rosanna Lerma, PE , LEED AP – QA/QC
OWNER CONTACT
Kenya Chatman
Acting Director of Facilities
OAKLAND UNIFIED SCHOOL DISTRICT
P: (510) 535-7050
M: (510) 500-5630
[email protected]
Central Kitchen
Fremont HS
Laurel CDC
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 SECTION C: WORK EXAMPLE
CITY OF ALAMEDA EDESIGN C
ON-CALL MECHANICAL ENGINEERING SERVICES APRIL 7, 2025
CITY HALL PROJECTS
OAKLAND RETIREMENT OFFICE SUITE , RENOVATION AND EXPANSION EDesignC provided services to Studio Perez in support
of an On- Call Architectural Services contract, including the renovation and expansion of the O AKLAND RETIREMENT OFFICE SUITE located on the 3 rd Floor of 150 Frank H. Ogawa Plaza. The space had an area of approximately 2,300 square feet.
The suite was reconfigured to add a conference room, training room, private office, records storage and printing room. Existing lighting, mechanical system and fire sprinklers were modified to work with the new space layout. New flooring and paint finishes were utilized in the modernization of the suite. The permit drawings were completed by the end of 2015, but financing for the project extended the time for permitting, bidding and construction of the project.
PALO ALTO CITY HALL , MEP SYSTEMS UPGRADE
EDesignC provided MEP design for improvement and
upgrade of City Hall 4th and 5 th floor HVAC system. The scope of service included power and lighting to identified spaces; low voltage work included telephone and data for offices; and Heating & Ventilation with controls.
EDesignC’s team surveyed the existing conditions and analyzed the loads for HVAC, lighting and controls, receptacles for the new offices to meet Title 24 occupancy -controlled requirements. The team resolved temperature and acoustical issues in critical areas of the spaces and prepared construction documents, including permit drawings and title 24.
OAKLAND RETIREMENT OFFICE
Discipline: Mechanical/Electrical
Significant Dates:
Consecutive Contracts: 2013- 2021
Retirement Office: 2015 –2018
CLIENT /ARCHITECT CONTACT
Daniel Perez, AIA
LEED AP BD+C
STUDIO PEREZ ARCHITECTS
P: (415) 503.0329
E: [email protected]
PALO ALTO CITY HALL
DISCIPLINES : MEP
Construction Budget : $250K
SERVICE DATES : 2017
PROJECT TEAM
Rosanna Lerma, PE, LEED AP - PIC
Jim Dyer, PE, LEED AP – PM
Stephen Howarter, PE – QA/QC
OWNER :/C LIENT
Matt Raschke
CITY OF PALO ALTO
DEPARTMENT OF PUBLIC WORKS
P: (650) 329 -2397
[email protected]
Palo Alto City Hall
4th Floor Conference Room
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453
`
SECTION D
FIVE -YEAR BILLING RATE SCHEDULE
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 D
LEVEL # 2026 2027 2028 2029 2030
1 $271 $284 $298 $312 $328
2 $247 $260 $272 $286 $300
3 $220 $231 $242 $254 $266
4 $207 $217 $228 $239 $251
5 $197 $207 $217 $228 $239
6 $163 $172 $180 $189 $198
7 $141 $148 $155 $163 $171
ON-CALL MECHANICAL ENGINEERING SERVICE
CITY OF ALAMEDA
FIVE-YEAR BILLING RATE SCHEDULE 2026 TO 2030
E X P E N S E F E E C H A R G E S
Outside Reproduction = Cost plus 10%
Current Federal allowance per mile plus expenses
We require all payments 30 days from the invoice date. Payments not received by the due date shall bear interest at the rate of 10% per annum.
Project Manager
Low Voltage/ Telecom/ Security Controls Designer
April 7, 2025
Administrative/Technical Support
Revit Technician/CAD Designer
Project Engineer
BILLING LEVEL
Principal Engineer
Senior Engineer
Exhibit A
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4/30/2025
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd, Suite 230
Lafayette CA 94549
Chris Romano
714-427-3489
[email protected]
License#: 6003745
Sentinel Insurance Company
11000
EDESINC-02
Aspen American Insurance Company
43460
EDesignC, Inc.
582 Market Street, Suite 400
San Francisco CA 94104
HARTFORD INSURANCE COMPANY
38288
1999366989
A
X
2,000,000
X
1,000,000
X
Contractual Liab
10,000
Included
2,000,000
4,000,000
X
Y
Y
57SBWVA1498
8/18/2024
8/18/2025
4,000,000
A
2,000,000
X
X
Y
Y
57SBWVA1498
8/18/2024
8/18/2025
A
X
X
3,000,000
Y
57SBWVA1498
8/18/2024
Y
8/18/2025
3,000,000
X
10,000
C
X
Y
Y
57WEGGF2912
8/18/2024
8/18/2025
1,000,000
1,000,000
1,000,000
B
Professional Liability
AAAE100004-06
8/13/2024
8/18/2025
Per Claim
Aggregate Limit
$2,000,000
$2,000,000
Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies. WC Member Excluded: Rosanna Lerma. The following policies are included in the underlying schedule of insurance for umbrella/excess liability: General Liability/Auto Liability/Employers Liability.
RE: Mechanical Engineering On-Call Services Agreement.
The City of Alameda, its City Council, boards, commissions, officials, employees, agents and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract. General Liability and Auto Liability are Primary/Non-Contributory per policy form wording.
Insurance coverage includes waiver of subrogation per the attached endorsement(s).
SEVERABILITY OF INTERESTS
Separation of Insureds - Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named See Attached...
30 Day Notice of Cancellation
City of Alameda
2263 Santa Clara Ave.
Alameda CA 94501
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 5/12/2025
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
EDESINC-02
1 1
AssuredPartners Design Professionals Insurance Services, LLC EDesignC, Inc.
582 Market Street, Suite 400
San Francisco CA 94104
25 CERTIFICATE OF LIABILITY INSURANCE
Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought.
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford
ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.
The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F-
OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:
The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.
The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
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(b) b.Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees", "volunteer workers", (2) "Personal and advertising injury"any partner or member (if you are arising out of an offense committeda partnership or joint venture), or before you acquired or formed the any member (if you are a limited organization.liability company).
4. Operator Of Mobile Equipmentb. Real Estate Manager
With respect to "mobile equipment" registered inAny person (other than your "employee" or your name under any motor vehicle registration"volunteer worker"), or any organization law, any person is an insured while driving suchwhile acting as your real estate manager. equipment along a public highway with yourc. Temporary Custodians Of Your permission. Any other person or organizationProperty responsible for the conduct of such person isAny person or organization having proper also an insured, but only with respect to liabilitytemporary custody of your property if you arising out of the operation of the equipment, anddie, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to:(2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the person driving the equipment; ord. Legal Representative If You Die b. "Property damage" to property owned by,Your legal representative if you die, but rented to, in the charge of or occupied byonly with respect to duties as such. That you or the employer of any person who isrepresentative will have all your rights and an insured under this provision.duties under this insurance.
5. Operator of Nonowned Watercrafte. Unnamed Subsidiary With respect to watercraft you do not own thatAny subsidiary and subsidiary thereof, of is less than 51 feet long and is not being usedyours which is a legally incorporated entity to carry persons for a charge, any person is anof which you own a financial interest of insured while operating such watercraft withmore than 50% of the voting stock on the your permission. Any other person oreffective date of this Coverage Part. organization responsible for the conduct ofThe insurance afforded herein for any such person is also an insured, but only withsubsidiary not shown in the Declarations respect to liability arising out of the operationas a named insured does not apply to of the watercraft, and only if no otherinjury or damage with respect to which an insurance of any kind is available to thatinsured under this insurance is also an person or organization for this liability.insured under another policy or would be However, no person or organization is anan insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or3. Newly Acquired Or Formed Organization b. "Property damage" to property owned by,Any organization you newly acquire or form, rented to, in the charge of or occupied byother than a partnership, joint venture or you or the employer of any person who islimited liability company, and over which you an insured under this provision.maintain financial interest of more than 50% of the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire a. f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
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(e)contract, written agreement or because of a Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products;A person or organization is an additional
(f) Demonstration, installation,insured under this provision only for that servicing or repair operations,period of time required by the contract, except such operations performedagreement or permit.
at the vendor's premises inHowever, no such person or organization is an connection with the sale of theadditional insured under this provision if such product;person or organization is included as an (g) Products which, after distributionadditional insured by an endorsement issued or sale by you, have been labeledby us and made a part of this Coverage Part, or relabeled or used as aincluding all persons or organizations added container, part or ingredient of anyas additional insureds under the specific other thing or substance by or foradditional insured coverage grants in Section the vendor; orF. – Optional Additional Insured Coverages. (h) "Bodily injury" or "propertya. Vendors
damage" arising out of the soleAny person(s) or organization(s) (referred to negligence of the vendor for itsbelow as vendor), but only with respect to own acts or omissions or those of"bodily injury" or "property damage" arising its employees or anyone elseout of "your products" which are distributed acting on its behalf. However, thisor sold in the regular course of the vendor's exclusion does not apply to:business and only if this Coverage Part (i) The exceptions contained inprovides coverage for "bodily injury" or (d) (f)Subparagraphs or ; or"property damage" included within the (ii)"products-completed operations hazard". Such inspections, adjustments, tests or servicing as the vendor(1) The insurance afforded to the vendor has agreed to make or normallyis subject to the following additional undertakes to make in the usualexclusions:
course of business, inThis insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to anyobligated to pay damages by insured person or organization fromreason of the assumption of whom you have acquired such products,liability in a contract or agreement. or any ingredient, part or container,This exclusion does not apply to entering into, accompanying orliability for damages that the containing such products.vendor would have in the absence b. Lessors Of Equipmentof the contract or agreement;
(1) Any person or organization from(b) Any express warranty whom you lease equipment; but onlyunauthorized by you;
with respect to their liability for "bodily(c) Any physical or chemical change injury", "property damage" orin the product made intentionally "personal and advertising injury"by the vendor; caused, in whole or in part, by your (d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
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(2) e. Permits Issued By State Or PoliticalWith respect to the insurance afforded Subdivisionsto these additional insureds, this
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1) Any person or organization from (2)whom you lease land or premises, but With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b)Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition a.is not an insured under Paragraphs operations performed by or on ethrough . above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or(1) Any architect, engineer, or surveyor, but the acts or omissions of those actingonly with respect to liability for "bodily on your behalf:injury", "property damage" or "personal
(a)and advertising injury" caused, in whole In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and (ii)This insurance does not apply to This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
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(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence LimitSupervisory, inspection,
architectural or engineering 2.a. 2.bSubject to or above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section – Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown inHow this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with
4. Personal And Advertising Injury Limitrespect to the conduct of any current or past partnership, joint venture or limited liability 2.b.Subject to above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by any one person or organization is the Personal
D. LIABILITY AND MEDICAL EXPENSES
and Advertising Injury Limit shown in theLIMITS OF INSURANCE Declarations.
1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To YouDeclarations and the rules below fix the most Limit is the most we will pay under Businesswe will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, lightning or explosion, while rented to you orc. Persons or organizations making claims or temporarily occupied by you with permission ofbringing "suits". the owner.2. Aggregate Limits
In the case of damage by fire, lightning orThe most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the 6. How Limits Apply To Additional InsuredsDeclarations.
The most we will pay on behalf of a person orb. Damages because of all other "bodily organization who is an additional insuredinjury", "property damage" or "personal under this Coverage Part is the lesser of:and advertising injury", including medical a. The limits of insurance specified in aexpenses, is the General Aggregate Limit written contract, written agreement orshown in the Declarations. permit issued by a state or politicalThis General Aggregate Limit applies subdivision; orseparately to each of your "locations" b. The Limits of Insurance shown in theowned by or rented to you.
Declarations."Location" means premises involving the
Such amount shall be a part of and not in same or connecting lots, or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street, roadway or right-of-way of a railroad.
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(1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, 3.limit set forth in Paragraph above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in theany remaining period of less than 12 months, starting enforcement of any right against anywith the beginning of the policy period shown in the person or organization that may beDeclarations, unless the policy period is extended liable to the insured because of injuryafter issuance for an additional period of less than 12 or damage to which this insurancemonths. In that case, the additional period will be may also apply.deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Costof determining the Limits of Insurance.
No insured will, except at that insured's own
E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other than for first aid, without our consent.1. Bankruptcy
e. Additional Insured's Other InsuranceBankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered by other insurance available to an2. Duties In The Event Of Occurrence, additional insured, such additional insuredOffense, Claim Or Suit must submit such claim or "suit" to thea. Notice Of Occurrence Or Offense other insurer for defense and indemnity.
You or any additional insured must see to However, this provision does not apply toit that we are notified as soon as the extent that you have agreed in apracticable of an "occurrence" or an written contract, written agreement oroffense which may result in a claim. To permit that this insurance is primary andthe extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and a. b.Paragraphs and apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is an individual;If a claim is made or "suit" is brought
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
subdivision or public entity.You and any other involved insured must:
Form SS 00 08 04 05 Page 15 of 24
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f. (3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazardsa. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance isb. With respect to "mobile equipment" to available for a loss we cover under thiswhich this insurance applies, we will Coverage Part, our obligations are limited asprovide any liability, uninsured motorists, follows:underinsured motorists, no-fault or other a. Primary Insurancecoverage required by any motor vehicle b.law. We will provide the required limits for This insurance is primary except when those coverages. below applies. If other insurance is also primary, we will share with all that other4. Legal Action Against Us c.insurance by the method described inNo person or organization has a right under below.this Coverage Form:
b. Excess Insurancea. To join us as a party or otherwise bring us This insurance is excess over any of theinto a "suit" asking for damages from an other insurance, whether primary, excess,insured; or
contingent or on any other basis:b. To sue us on this Coverage Form unless (1) Your Workall of its terms have been fully complied
with. That is Fire, Extended Coverage,
Builder's Risk, Installation Risk orA person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosionthis insurance or that are in excess of the insurance for premises rented to youapplicable limit of insurance. An agreed or temporarily occupied by you withsettlement means a settlement and release of permission of the owner;liability signed by us, the insured and the (3) Tenant Liabilityclaimant or the claimant's legal representative.
That is insurance purchased by you to5. Separation Of Insureds cover your liability as a tenant forExcept with respect to the Limits of Insurance, "property damage" to premises rentedand any rights or duties specifically assigned to you or temporarily occupied by youin this policy to the first Named Insured, this with permission of the owner;insurance applies:
(4) Aircraft, Auto Or Watercrafta. As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured; and or use of aircraft, "autos" or watercraft tob. Separately to each insured against whom g.the extent not subject to Exclusion ofa claim is made or "suit" is brought. A.Section – Coverages.
6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property damage" to borrowed equipment or(1) The statements in the Declarations the use of elevators to the extent notare accurate and complete; k. A.subject to Exclusion of Section –(2) Those statements are based upon Coverages.representations you made to us; and
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(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
Declarations of this Coverage Part.However, the following provisions c. Method Of Sharingapply to other insurance available to any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains,This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
(a) (b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)
additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
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ABCDEFGHIJ
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NON-OWNED AUTO
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the "insured" for movement into expressly modified herein: or onto the covered "auto"; or c. After the "pollutants" or any property in
which the "pollutants" are contained areA. Amended Coverage:
moved from the covered "auto" to the placeCoverage is extended to "bodily injury" and where they are finally delivered, disposed of"property damage" arising out of the use of a "hired or abandoned by the "insured".auto" and "non-owned auto". a.Paragraph above does not apply to fuels,B. Paragraph B. EXCLUSIONS is amended as lubricants, fluids, exhaust gases or otherfollows: similar "pollutants" that are needed for or
1. Exclusion g. Aircraft, Auto or Watercraft does result from the normal electrical, hydraulic not apply to a "hired auto" or a "non-owned or mechanical functioning of the covered auto". "auto" or its parts, if:
2. Exclusion e. Employers Liability does not (1) The "pollutants" escape, seep, migrate, apply to "bodily injury" to domestic "employees" or are discharged or released directly not entitled to workers’ compensation benefits from an "auto" part designed by its or to liability assumed by the "insured" under an manufacturer to hold, store, receive, or "insured contract". dispose of such "pollutants"; and
3. f. PollutionExclusion is replaced by the (2) The "bodily injury" and "property following: damage" does not arise out of the
operation of any equipment listed in"Bodily injury" or "property damage" arising out paragraphs 15.b. and 15.c. of theof the actual, alleged or threatened discharge, definition of "mobile equipment".dispersal, seepage, migration, release or escape of "pollutants": Paragraphs b. and c. above do not apply to "accidents" that occur away from premisesa. That are, or that are contained in any owned by or rented to an "insured" with property that is:
respect to "pollutants" not in or upon a (1) Being transported or towed by, handled, covered "auto" if:or handled for movement into, onto or (1) The "pollutants" or any property infrom, the covered "auto"; which the "pollutants" are contained are(2) Otherwise in the course of transit by or upset, overturned or damaged as aon behalf of the "insured"; or result of the maintenance or use of a (3) Being stored, disposed of, treated or covered "auto"; and processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
Form SS 04 38 09 09 Page 1 of 3
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Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 (2) The discharge, dispersal, seepage, company) for an "auto" owned by him or her migration, release or escape of the or a member of his or her household. "pollutants" is caused directly by such d. Anyone liable for the conduct of an "insured"upset, overturn or damage as a result of described above but only to the extent of thatthe maintenance or use of a covered liability."auto". D. With respect to the operation of a "hired auto" and4. With respect to this coverage, the following "non-owned auto", the following additionaladditional exclusions apply: conditions apply:
a. Fellow employee 1. OTHER INSURANCE
Coverage does not apply to "bodily injury" to a. Except for any liability assumed under an any fellow "employee" of the "insured" "insured contract" the insurance provided byarising out of the operation of an "auto" this Coverage Form is excess over anyowned by the "insured" in the course of the other collectible insurance.fellow "employee’s" employment. However, if your business is the selling,b. Care, custody or control servicing, repairing, parking or storage of Coverage does not apply to "property "autos", the insurance provided by this damage" involving property owned or endorsement is primary when covered transported by the "insured" or in the "bodily injury" or "property damage" arises "insured’s" care, custody or control. out of the operation of a customer’s "auto" by you or your "employee".C. With respect to "hired auto" and "non-owned auto" coverage, Paragraph C. WHO IS AN INSURED is b. When this Coverage Form and any other deleted and replaced by the following: Coverage Form or policy covers on the same basis, either excess or primary, weThe following are "insureds": will pay only our share. Our share is thea. You. proportion that the Limit of Insurance of our b. Your "employee" while using with your Coverage Form bears to the total of the permission: limits of all the Coverage Forms and policies covering on the same basis.(1) An "auto" you hire or borrow; or
2. TWO OR MORE COVERAGE FORMS OR(2) An "auto" you don’t own, hire or borrow in POLICIES ISSUED BY USyour business or personal affairs; or If the Coverage Form and any other Coverage(3) An "auto" hired or rented by your Form or policy issued to you by us or any"employee" on your behalf and at your company affiliated with us apply to the samedirection.
"accident", the aggregate maximum Limit ofc. Anyone else while using a "hired auto" or "non- Insurance under all the Coverage Forms orowned auto" with your permission except: policies shall not exceed the highest applicable (1) The owner or anyone else from whom you Limit of Insurance under any one Coverage hire or borrow an "auto". Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an(2) Someone using an auto while he or she is affiliated company specifically to apply asworking in a business of selling, servicing, excess insurance over this Coverage Form.repairing, parking or storing "autos" unless that business is yours. E. The following definitions are added:
(3) Anyone other than your "employees", G. LIABILITY AND MEDICAL EXPENSES partners (if you are a partnership), members DEFINITIONS:
(if you are a limited liability company), or a 1. "Hired auto" means any "auto" you lease,lessee or borrower or any of their hire, rent or borrow. This does not include"employees", while moving property to or any auto you lease, hire, rent or borrowfrom an "auto". from any of your "employees", your partners (4) A partner (if you are a partnership), or a (if you are a partnership), members (if you member (if you are a limited liability are a limited liability company),
3ROLF\
57SBWVA1498
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 or your "executive officers" or members of
their households.
This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.
2. "Non-owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer’s "auto" that is in your care,
custody or control for service.
Form SS 04 38 09 09 Page 3 of 3
3ROLF\
57SBWVA1498
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
Process Date:
Policy Expiration Date:
© 2000, The Hartford
WORKERS’ COMPENSATION BROAD FORM ENDORSEMENT
EXTENDED OPTIONS
Endorsement Number:Policy Number:
Effective Date: Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
Section I of this endorsement expands coverage provided under WC 00 00 00.
Section II of this endorsement provides additional coverage usually only provided by endorsement.
Section III of this endorsement is a Schedule of Covered States.
You may use the index to locate these coverage features quickly:
INDEX
SUBJECT PAGE SUBJECT PAGE
SECTION I
PARTS ONE and TWO
01 We Will Also Pay
PART - THREE
02 How This Insurance Works
PART - SIX
03 Transfer of Your Rights and Duties
04 Liberalization
SECTION II
VOLUNTARY COMPENSATION
INSURANCE
05 Voluntary Compensation Insurance
A. How This Insurance Applies
B. We Will Pay
C. Exclusions
D. Before We Pay
E. Recovery From Others
F. Employers’ Liability Insurance
EMPLOYERS’ LIABILITY STOP GAP
ENDORSEMENT
06 Employers’ Liability Stop Gap
Coverage
A. Stop Gap Coverage Limited to
Montana, North Dakota, Ohio,
Washington, West Virginia and
Wyoming
2 2
2 2
2 2
2 2
2 2
2 2
3 3
3 3
3 3
3 3
B. Part One Does Not Apply
C. Application of Coverage
D. Additional Exclusions
E. West Virginia
EXTENDED OPTIONS
01 Employers’ Liability Insurance
02 Unintentional Failure to Disclose
Hazards
03 Waiver of Our Right to Recover from
Others
04 Foreign Voluntary Compensation
A. How This Reimbursement Applies
B. We Will Reimburse
C. Exclusions
D. Before We Pay
E. Recovery From Others
F. Reimbursement For Actual Loss
Sustained
G. Repatriation
H. Endemic Disease
05 Longshore and Harbor Workers’
Compensation Act Coverage
Endorsement
SECTION III
01 Schedule of Covered States
3 3
3 3
4 4
4 4
4 4
4 4
5 5
5 5
5 5
6 6
57WEGGF2912
08/18/2024
EDesignC, Inc.
582 Market Street, Suite 400
San Francisco, CA 94104
08/18/2025
4/30/2025
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 2 of 6
SECTION I
PARTS ONE and TWO
1. WE WILL ALSO PAY
D. We Will Also Pay of Part One (WORKERS’
COMPENSATION INSURANCE); and
E. We Will Also Pay of Part Two
(EMPLOYERS’ LIABILITY INSURANCE) is
replaced by the following:
We Will Also Pay
We will also pay these costs, in addition to
other amounts payable under this insurance,
as part of any claim, proceeding, or suit we
defend:
1. reasonable expenses incurred at our
request, INCLUDING loss of earnings;
2. premiums for bonds to release
attachments and for appeal bonds in
bond amounts up to the limit of our
liability under this insurance;
3. litigation costs taxed against you;
4. interest on a judgment as required by law
until we offer the amount due under this
law; and
5. expenses we incur.
PART THREE
2. How This Insurance Applies
Paragraph 4. of A. How This Insurance Applies of
Part 3 (Other States Insurance) is replaced by the
following:
4. If you have work on the effective date of this
policy in any state not listed in Item 3.A. of the
Information Page, coverage will not be afforded
for that state unless we are notified within sixty
days.
PART SIX
3. Transfer Of Your Rights and Duties
C. Transfer Of Your Rights and Duties of Part 6
(Conditions) is replaced by the following:
Your rights or duties under this policy may not be
transferred without our written consent.
If you die and we receive notice within sixty days
after your death, we will cover your legal
representative as insured.
4. Liberalization
If we adopt a change in this form that would broaden
the coverage of this form without extra charge, the
broader coverage will apply to this policy. It will apply when the change becomes effective in your state.
SECTION II
VOLUNTARY COMPENSATION ANDEMPLOYERS’
LIABILITY COVERAGE
5. Voluntary Compensation Insurance
A. How This Insurance Applies
This insurance applies to bodily injury by
accident or bodily injury by disease. Bodily
injury includes resulting death.
1. The bodily injury must be sustained by
any officer or employee not subject to the
workers’compensation law of any state
shown in Item 3.A. of the Information
Page.
2. The bodily injury must arise out of and in
the course of employment or incidental to
work in a state shown in Item 3.A. of the
Information Page.
3. The bodily injury must occur in the United
States of America, its territories or
possessions, or Canada, and may occur
elsewhere if the employee is a United States
or Canadian citizen, or otherwise legal
resident, and legally employed, in the United
States or Canada and temporarily away from
those places.
4. Bodily injury by accident must occur during
the policy period.
5. Bodily injury by disease must be caused or
aggravated by the conditions of the
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6 officer’sor employee’semployment. The
officer’s or employee’s last day of last
exposure to the conditions causing or
aggravating such bodily injury by disease
must occur during the policy period.
B. We Will Pay
We will pay an amount equal to the benefits
that would be required of you as if you and
your employees were subject to the workers’
compensation law of any state shown in Item
3.A. of the Information Page. We will pay
those amounts to the persons who would be
entitled to them under the law.
C. Exclusion
This insurance does not cover:
1. any obligation imposed by workers’
compensation or occupational disease
law or any similar law.
2. bodily injury intentionally caused or
aggravated by you.
3. officers or employees who have elected
not to be subject to the state workers’
compensation law.
4. partners or sole proprietors not covered
under the Standard Sole Proprietors,
Partners, Officers and Others Coverage
Endorsement.
D. Before We Pay
Before we pay benefits to the persons
entitled to them, they must:
1. Release you and us, in writing, of all
responsibility for the injury or death.
2. Transfer to us their right to recover from
others who may be responsible for the
injury or death.
3. Cooperate with us and do everything
necessary to enable us to enforce the
right to recover from others.
If the persons entitled to the benefits of this
insurance fail to do those things, our duty to
pay ends at once. If they claim damages
from you or from us for the injury or death,
our duty to pay ends at once.
E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we paid. We will
pay the balance to the persons entitled to it.
If the persons entitled to the benefits of this
insurance make a recovery from others, they
must reimburse us for the benefits we paid them.
F. Employers’ Liability Insurance
Part Two (Employers’Liability Insurance) applies
to bodily injury covered by this endorsement as
though the State of Employment was shown in
Item 3.A. of the Information Page.
This provision 5. does not apply in New Jersey or
Wisconsin.
EMPLOYERS’ LIABILITY STOP GAP COVERAGE
6. Employers’ Liability Stop Gap Coverage
A. This coverage only applies in Montana, North
Dakota, Ohio, Washington, West Virginia and
Wyoming.
B. Part One (Workers’ Compensation Insurance)
does not apply to work in states shown in
Paragraph A above.
C. Part Two (Employers’Liability Insurance) applies
in the states, shown in Paragraph A., as though
they were shown in Item 3.A. of the Information
Page.
D. Part Two, Section C. Exclusions is changed by
adding these exclusions.
This insurance does not cover;
5. bodily injury intentionally caused or
aggravated by you or in Ohio bodily injury
resulting from an act which is determined by
an Ohio court of law to have been committed
by you with the belief than an injury is
substantially certain to occur. However, the
cost of defending such claims or suits in Ohio
is covered.
13. bodily injury sustained by any member of the
flying crew of any aircraft.
14. any claim for bodily injury with respect to
which you are deprived of any defense or
defenses or are otherwise subject to penalty
because of default in premium under the
provisions of the workers’compensation law
or laws of a state shown in Paragraph A.
E. This insurance applies to damages for which you
are liable under West Virginia Code Annot. S 23-
4-2.
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 4 of 6
EXTENDED OPTIONS
1. Employers’ Liability Insurance
Item 3.B. of the Information Page is replaced by
the following:
B. Employers’ Liability Insurance:
1. Part Two of the policy applies to work in
each state listed in Item 3.A.
The Limits of Liability under Part Two are
the higher of:
Bodily Injury
by Accident $500,000 Each Accident
Bodily Injury
by Disease $500,000 Policy Limit
Bodily Injury
by Disease $500,000 Each Employee
OR
2. The amount shown in the Information
Page.
This provision 1 of EXTENDED OPTIONS does
not apply in New York because the Limits Of Our
Liability are unlimited.
In this provision the limits are changed from
$500,000 to $1,000,000 in California.
2. Unintentional Failure to Disclose Hazards
If you unintentionally should fail to disclose all
existing hazards at the inception date of your
policy, we shall not deny coverage under this
policy because of such failure.
3. Waiver of Our Right To Recover From Others
A. 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 any person or organization for whom
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
agreement.
B. This provision 3. does not apply in the states
of Pennsylvania and Utah.
4. Foreign Voluntary Compensation and Employers’
Liability Reimbursement
A. How This Reimbursement Applies
This reimbursement provision applies to bodily
injury by accident or bodily injury by disease.
Bodily injury includes resulting death.
1. The bodily injury must be sustained by an
officer or employee.
2. The bodily injury must occur in the course of
employment necessary or incidental to work
in a country not listed in Exclusion C.1. of this
provision.
3. Bodily injury by accident must occur during
the policy period.
4. Bodily injury by disease must be caused or
aggravated by the conditions of your
employment. The officer or employee’slast
exposure to those conditions of your
employment must occur during the policy
period.
B. We Will Reimburse
We will reimburse you for all amounts paid by
you whether such amounts are:
1. voluntary payments for the benefits that
would be required of you if you and your
officers or employees were subject to any
workers’ compensation law of the state of
hire of the individual employee.
2. sums to which Part Two (Employers’Liability
Insurance) would apply if the Country of
Employment were shown in Item 3.A. of the
Information Page.
C. Exclusions
This insurance does not cover:
1. any occurrences in the United States,
Canada, and any country or jurisdiction
which is the subject of trade or economic
sanctions imposed by the laws or regulations
of the United States of America in effect as of
the inception date of this policy.
2. any obligation imposed by a workers’
compensation or occupational disease law,
or similar law.
3. bodily injury intentionally caused or
aggravated by you.
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 5 of 6
4. liability for any consequence, whether
direct or indirect, of war, invasion, act of
Foreign enemy, hostilities (whether war
be declared or not), civil war, rebellion,
revolution, insurrection or military or
usurped power. No endorsement now or
subsequently attached to this policy shall
be construed as overriding or waiving
this limitation unless specific reference is
made thereto.
D. Before We Pay
Before we reimburse you for the benefits to
the persons entitled to them, you must have
them:
1. release you and us, in writing, of all
responsibility for the injury or death,
2. transfer to us their right to recover from
others who may be responsible for their
injury or death,
3. cooperate with us and do everything
necessary to enable us to enforce the
right to recover from others.
If the persons entitled to the benefits paid fail
to do these things, our duty to reimburse
ends at once. If they claim damages from us
for the injury or death, our duty to reimburse
ends at once.
E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we reimbursed.
We will pay the balance to the persons
entitled to it. If persons entitled to the
benefits make a recovery from others, they
must repay us for the amounts that we have
reimbursed you.
F. Reimbursement for Actual Loss
Sustained
This endorsement provides only for
reimbursement for the loss you actually
sustain. In order for you to recover loss or
expenses under this reimbursement you
must:
1. actually sustain and pay the loss or
expense in money after trial, or
2. secure our consent for the payment of
the loss or expense.
G. Repatriation
Our reimbursement includes the additional
expenses of repatriation to the United States
of America necessarily incurred as a direct result
of bodily injury.
Our reimbursement shall be limited as follows:
1. to the amount by which such expenses
exceed the normal cost of returning the
officer or employee if in good health, or
2. in the event of death, to the amount by which
such expenses exceed the normal cost of
returning the officer or employee if alive and
in good health.
In no event shall our reimbursement exceed the
bodily injury by accident limit shown in Item 3.B.
of the Information Page as respects any one
such officer or employee whether dead or alive.
H. Endemic Disease
The word “disease” includes any endemic
diseases.
The coverage applies as if endemic diseases
were included in the provisions of the workers’
compensation law.
5. Longshore and Harbor Workers’ Compensation
Act Coverage
General Section C. Workers’Compensation Law
is replaced by the following:
C. Workers’ Compensation Law
Workers’Compensation Law means the workers
or workers’compensation law and occupational
disease law of each state or territory named in
Item 3.A. of the Information Page and the
Longshore and Harbor Workers’ Compensation
Act (33 USC Sections 901-950). It includes any
amendments to those laws that are in effect
during the policy period. It does not include any
other federal workers or workers’compensation
law, other federal occupational disease law or the
provisions of any law that provide
nonoccupational disability benefits.
Part Two (Employers’ Liability Insurance), C.
Exclusions, exclusion 8, does not apply to work
subject to the Longshore and Harbor Workers’
Compensation Act.
This coverage does not apply to work subject to
the Defense Base Act, the Outer Continental
Shelf Lands Act, or the Nonappropriated Fund
Instrumentalities Act.
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453 Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 6 of 6
SECTION III
1. SCHEDULE OF COVERED STATES
A. This endorsement only applies in the states
listed in this Schedule of Covered States.
B. If a state, shown in Item 3.A. of the Information
Page, approves this endorsement after the
effective date of this policy, this endorsement will
apply to this policy. The coverage will apply in
the new state on the effective date of the state
approval
C. Schedule of Covered States:
CA
Countersigned by
Authorized Representative
Docusign Envelope ID: CC8E6701-5215-46F9-AD15-7B79654D7453