ITEM 4. 20
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE TASK ORDER NO. 1 WITH ENGEO, INC. FOR
CONSTRUCTION ENGINEERING SERVICES FOR CIP
WW 22- 38, CTF PHASE 3 EXPANSION
RECOMMENDATION: Adopt Resolution Approving Task Order No. 1 with ENGEO Inc. for Construction Engineering Services for
CIP WW 22- 38 CTF Phase 3 Expansion
SUMMARY:
The Consolidated Treatment Facility ( CTF) Phase 3 Expansion, Capital Improvement Project ( CIP) WW 22- 38 (Project) design phase is concluding; therefore, construction engineering services for testing, observation and inspection will soon be needed to support the Project' s upcoming construction. Therefore, City staff requested and received from ENGEO, Inc. (ENGEO) a proposal for the provision of these services.
ENGEO' s price for the subject services is not to exceed $ 226, 600, and the services are expected to be utilized from July 1, 2024 to June 30, 2026.
Staff requests Council approve Task Order No. 1 with ENGEO in the amount of 226, 600 plus a 15% contingency of $ 34, 000 for a total cost not to exceed $ 260, 60.
Sufficient funds for these services will be allocated to CIP WW 22- 38 in the adopted Fiscal Year 2024/5budget; therefore, no budget amendment is needed.
BACKGROUND:
The Project will increase the City' s
wastewater treatment capacity approximately
80%, and is essential to support the ongoing development and eventual buildout of the City. Construction is anticipated to begin in summer of 2024.
The City has a Master Agreement with ENGEO to provide various construction engineering services for CIPs. Construction engineering services typically include stormwater pollution prevention plans, special inspection of work such as welds, testing of soils, asphalt and concrete, and construction support services. As these services will soon be needed to support the upcoming construction of the Project, staff requested a proposal from ENGEO for the provision of subject services.
ENGEO provided a proposal for the requested services, including labor and vehicle rates and estimated hours of labor and vehicle travel mileage, for $ 226, 600.
Staff requests Council approve Task Order No. 1 with ENGEO in the amount of 226, 600. Staff also requests Council approve a 15% contingency of $ 34, 000 and authorize staff to spend it as needed to accomplish the goals of the Project, for a total cost not to exceed $ 260, 60.
CITY MANAGER' SREPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 17 WITH ENGEO INC. FOR CIP WW 22- 38 CTF PHASE 3 EXPANSION
REASON FOR RECOMMENDATION:
The expansion of the City' s
CTF wastewater treatment capacity is essential to the
ongoing development and eventual build - out of Lathrop. The construction engineering services contemplated by Task Order No. 1 are necessary for the construction of the Project.
FISCAL IMPACT:
Task Order No. 1 with ENGEO for construction engineering services for the Project is for $ 226, 600 plus a 15% contingency of $ 34, 000, for a total cost not to exceed 260, 60. Sufficient funds for these services will be included in the adopted Fiscal Year 2024/5budget for CTF Phase 3 Expansion, CIP WW 22- 38.
ATTACHMENTS:
A. Resolution Approving Task Order No. 1 with ENGEO, Inc. for Construction Engineering Services for CTF Phase 3 Expansion, CIP WW 22- 38 B. Task Order No. 1 with ENGEO, Inc. for Construction Engineering Services for CTF Phase 3 Expansion, CIP WW 22- 38
Brad 1ylor
City Engineer
CITY MANAGER' S REPORT PAGE 3
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
APPROVE TASK ORDER NO. 1 WITH ENGEO INC. FOR CIP WW 22- 38 CTF PHASE 3 EXPANSION
APPROVALS:
Z..
Steven Hollenbeak Date
Assistant Engineer
6 -ICS • 2DA1
Ken Reed Date
Senior Construction Manager
Cari James
Director ' Finance
Michael King
Assistant City Manager
Date
5/ 20/2) 1
Date
Date
Salvador Navarrete Date
City Attorney
Z Z • Zo2i
1 ' ze Z y
Step liJ. Salvatore Date
City Manager
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING TASK ORDER NO. 1 WITH ENGEO, INC. FOR CONSTRUCTION ENGINEERING SERVICES FOR CIP WW 22- 38 CTF PHASE 3 EXPANSION WHEREAS, on November 8, 2021, City Council approved the creation of CIP WW 22- 38 Consolidated Treatment Facility ( CTF) Phase 3 Expansion ( Project) to construct the necessary infrastructure to expand the CTF' s wastewater treatment capacity; and
WHEREAS, the City has executed a Master Agreement with ENGEO Inc.
ENGEO) to provide Geotechnical Investigations and Engineering Services for Capital Improvement Projects ( CIP); and
WHEREAS, soil and materials testing and special inspection services from ENGEO will soon be needed to support the Project' s upcoming construction, anticipated to start in summer of 2024; and
WHEREAS, staff requested and received from ENGEO a proposal for the subject services for a cost of $ 150, 00; and
WHEREAS, staff requests City Council approve Task Order No. 1 with ENGEO in the amount of $ 226, 600, plus a 15% contingency of $ 34, 000 for a total cost not to exceed $ 260, 60; and
WHEREAS, sufficient funds will be included in the adopted Fiscal Year 2024/5 budget for CIP WW 22- 38 to fund Task Order No. 1.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve Task Order No. 1 to the Master Agreement with ENGEO for a cost not to exceed $ 226, 600 to provide Construction Engineering services for the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% contingency to ENGEO' s Task Order No. 1 in the amount of 34, 000, for a total not to exceed Task Order No. 1 of $ 260, 60and authorizes staff to spend the contingency as necessary to provide the needed services for the Project.
The foregoing resolution was passed and adopted this 10th day of June, 2024 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
CITY OF LATHROP
TASK ORDER NO. 1 PURSUANT TO MASTER CONSULTING AGREEMENT WITH ENGEO, INC. DATED JUNE , 2024
TO PROVIDE CONSTRUCTION SUPPORT SERVICES FOR THE CTF PHASE III EXPANSION, CIP WW 22- 38
THIS TASK ORDER NO. 1, dated for convenience this June 10, 2024, is by and made and entered into by and between ENGEO, Inc. ("CONSULTANT"), and the City of Lathrop, a California municipal corporation of the State of California (" CITY"); RECITALS:
WHEREAS, on June , 2024, CONSULTANT entered into a Master Agreement AGREEMENT") with the CITY, by which the CONSULTANT has agreed to provide Geotechnical Investigations and Engineering Services for Capital Improvement Projects; and WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Construction Engineering Services, which are required by this agreement; and WHEREAS, CONSULTANT has provided CITY with scope of work attached hereto as Exhibit " A" for Construction Engineering Services; and WHEREAS, CONSULTANT is willing to render such Geotechnical Investigations and Engineering Services, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Incorporation of Master Agreement
This Task Order No. 1 hereby incorporates by reference all terms and conditions set forth in the Master Agreement for Geotechnical Investigations and Engineering Services dated June , 2024, unless specifically modified by this Task Order. 2) Scope of Service
CONSULTANT agrees to perform services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit "A" and incorporated herein by reference.
CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY' ssatisfaction. 3) Effective Date and Term.
The effective date of this Task Order No. 1 is June 10, 2024, and it shall terminate no later than June 30, 2026.
CITY OF LATHROP — ENGEO, INC.
TASK ORDER NO. 1 — CONSTRUCTION SUPPORT SERVICES FOR THE CTF PHASE III EXPANSION, CIP WW 22- 38
4) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 226, 600. 0, for the Geotechnical Update as described in Exhibit " A" of Task Order No. 1 pursuant to the Master Agreement dated June , 2024. CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 of the MASTER AGREEMENT.
Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation beyond what is expressed in this agreement and Exhibit " A", unless CITY' sauthorized representative has executed a written change order or authorization describing the extra work and payment terms prior to the commencement of the work. 5) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary and insurance have been received. CITY shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 6) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP - ENGEO, INC.
TASK ORDER NO. 1 - CONSTRUCTION SUPPORT SERVICES FOR THE CTF PHASE III EXPANSION, CIP WW 22- 38
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete
Recommended for Approval: City of Lathrop
Assistant City Manager
Approved By:
Resolution No.:
CONSULTANT:
Date
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
ENGEO, Inc.
Steve Harris
17278 Golden Valley Parkway
Lathrop, Ca 95330
Fed ID # 94- 1748418
Lathrop Bus License # 20170
Signature Date
Print Name and Title
ENGEO
Expect Excellence
May 6, 2024
Revised June 5, 2024
Mr. Ken Reed
City of Lathrop
390 Towne Centre Drive
Lathrop CA, 95330
Subject: CTF Phase III Expansion
18800 Christopher Way
Lathrop, California
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAL/ MARINE GEOTECHNICS
PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES
Dear Mr. Reed:
Project No.
16218. 000.07
We are pleased to provide this proposal for construction support services for the CTF Phase I II Expansion project. Based on our discussions and emails with you and the preliminary schedule provided, we understand construction will generally occur over the duration of 18 months. We would be glad to update this fee estimate once a more detailed construction schedule is available.
Based on our understanding of the project, we expect to provide on -call part- to full- time material testing and observation, special inspection, and stormwater pollution prevention plan ( SWPPP) services. The purpose of our geotechnical and special inspection services is to confirm that the improvements are constructed in general conformance with the project plans and specifications.
The purpose of our SWPPP services is to satisfy State Water Resources Control Board (SWRCB) Order No. WQ 2022- 0057- DWQ, effective September 1, 2023, for stormwater dischargers on sites with a disturbed area greater than 1 acre.
SCOPE OF SERVICES
Phase 001: Testing and Observation
Based on the provided schedule, we understand that site grading, utility installation and backfill, and site paving will occur from mid -July 2024 to early -February 2026. During this time, we estimate that we will service the project with one field representative on a mostly part- time basis, as dictated by concurrent activities. Our services will include:
Providing geotechnical engineering observation of site preparation.
Performing field density and moisture tests of fill placement, including structural areas such as building pads, utility trench backfill, subgrade, aggregate base, and hot mix asphalt ( HMA) to assess compliance with the project specifications on a part- to full- time basis ( not including overtime or weekends).
Performing laboratory testing in support of testing and observation services, including compaction curves and a lab test max density for HMA testing.
Supplemental field, office, meetings, and laboratory support will be provided as needed. Upon project completion, we will prepare a final report summarizing the results of our testing and observations services.
17278 Golden Valley Parkway • Lathrop, CA 95330 • ( 209) 835- 0610 • Fax ( 888) 279-698 www. engeo. com
City of Lathrop
CTF Phase I II Expansion
PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES
Phase 002: Special Inspection
16218. 000.07
May 6, 2024
Revised June 5, 2024
Based on the provided schedule, we understand that this project generally consists of a slab -on -grade foundation and other associated infrastructure. Foundation construction will generally occur from mid- to Tate - August 2024 through early -February 2026. During building construction, we will provide special inspection services as requested. We anticipate that we will provide the following inspections during construction.
Reinforcing steel inspections
Continuous concrete placement and sampling
Preparation of four test specimen per set of 150 cubic yards of concrete placed ( one 7 -day, three 28 -day)
Structural steel field welding observations ( 10 days - Field) Laboratory testing to support the project and various letters as needed We understand that several construction activities requiring our services will be in progress concurrently for the majority of the project' s duration. It is important to note that scheduling these activities concurrently increases the efficiency of our time on site. Supplemental field, office, meetings, and laboratory support will be provided as needed. Upon project completion, we will prepare a final report summarizing the results of our special inspection services.
Phase 003: SWPPP
Based on the provided schedule and a preliminary risk level assessment, we assume this project SWPPP will be designated as Risk Level 1. This proposal is based on the requirements of Order No. 2022- 0057- DWQ and includes the following minimum SWPPP tasks.
Task 001: SWPPP Development
We will perform a Risk Level Determination for the project site based on Sediment Risk and Receiving Water Risk over the duration of project development. The project sediment risk will be determined by the State Water Resources Control Board ( SWRCB)- provided GIS Maps and EPA Rainfall Erosivity calculations, and/ or site -specific determination. Depending upon a variety of risk factors, a Risk Level will be assigned 1, 2, or 3.
Once the final risk level determination is complete, a project specific SWPPP and erosion and sediment control plan ( ESCP) will be prepared by our Qualified SWPPP Developer ( QSD). Based on our preliminary review, we understand the project is not subject to Total Maximum Daily Load TMDL) requirements, per Attachment H of the General Permit. Based on our understanding of the project, we assume that construction dewatering and discharge, active treatment systems, and passive treatment systems will not be required for this project.
We will file the Notice of Intent ( NOI) and upload the SWPPP and other permit registration documents ( PRDs) to the Board' s SMARTS website for Owner certification http:// smarts. waterboards. ca. qov). Following NOI approval, we will prepare one hard copy of the SWPPP document for field use.
City of Lathrop
CTF Phase III Expansion
PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES
Task 002: Routine QSD Inspections
16218. 000.07
May 6, 2024
Revised June 5, 2024
As required by the General Permit, our QSD will perform the following on -site visual inspections.
Within 30 days of construction activities beginning
Twice annually ( once between August and October, and once between January and March) Inspections will occur during daylight hours of a normal business work week ( Monday through Friday). Holidays and weekends are not included. If a breach or malfunction of the erosion and sediment control measures is observed, ENGEO will assist by notifying you and/ orthe agreed upon contractor if repairs to, or alterations of, the BMPs are needed. This process should allow repair measures to be undertaken in a timely fashion.
Task 003: Routine QSP and Delegate Inspections
Order No. 2022- 0057- DWQ requires year- round site monitoring to provide documentation of Best Management Practice ( BMP) maintenance and performance, and to alert the owner and/ or specified BMP contractor when repairs to BMPs are needed.
As required by the General Permit, our Qualified SWPPP Practitioner ( QSP) will perform the following on -site visual inspections.
Monthly ( routine) inspections
Pre -precipitation event inspections within 72 hours prior to a forecasted Qualifying Precipitation Event ( QPE)
An ENGEO QSP, or an appropriately trained delegate, will perform the following additional site inspections.
During- and post -precipitation event inspections
o During- QPE inspections will be conducted at least once every 24 -hour period during extended QPEs.
o Post -storm event inspections will be conducted within 96 hours after QPEs with at least
0. 5 inch of measured precipitation.
Inspections will occur during daylight hours of a normal business work week ( Monday through Friday). Holidays and weekends are not included. If a breach or malfunction of the erosion and sediment control measures is observed, ENGEO will assist by notifying you and/ or the agreed upon contractor if repairs to, or alterations of, the BMPs are needed. This process should allow repair measures to be undertaken in a timely fashion.
Task 004: Non -Routine QSD/SP Inspections
Order No. 2022- 0057- DWQ requires QSD inspections within 30 days of a discharger replacing the QSD, within 14 days after a Numerical Action Level ( NAL) exceedance, and within the time period request in writing from Water Board staff. In addition, the General Order requires QSP inspections within 14 days after an NAL exceedance and prior to Change of Information submittals for acreage changes. These non -routine site inspections will be performed by our QSD and/ or QSP as -needed on a time - and -expense basis.
City of Lathrop
CTF Phase I II Expansion
PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES
Task 005: Annual Compliance Reporting
16218. 000.07
May 6, 2024
Revised June 5, 2024
By September 1 and continuing annually every year the permit is active, we shall prepare an Annual Compliance Report ( ACR) and upload it to SMARTS. The ACR will contain the minimum required elements described in Order No. 2022- 0057- DWQ for the project Risk Level. We will prepare and upload the ACR for the applicable reporting years ( 2024-025 and 2025- 2026).
Task 006: Notice of Termination
After construction is complete and disturbed areas have been stabilized, or transferred to a new owner, a Notice of Termination ( NOT) will be prepared and submitted to SMARTS for your certification. The NOT will include a description of the basis of termination, final QSP inspection report, and photographs documenting the post -construction stabilization, if applicable.
Task 007: Consultation
We will provide additional as -needed consultation services to specific requests, such as meeting requests, preparation of SWPPP amendments, non -visible pollutant sampling, SMARTS data management, and other SWPPP needs on a time -and -expense basis.
SUMMARY OF FEES
We propose to provide the above - described scope of services on a time -and -expense basis, as outlined below in accordance with our current fee schedule.
TABLE 1: Summary of Proposed Fees
SCOPE OF SERVICES
PROPOSED
FEE TYPE*
FEE
Phase 001: Testing and Observation
Phase 002: Special Inspections
Phase 003: SWPPP
85, 000
65, 000
76, 600
T&E
T&E
Task 001: SWPPP Development
Includes one hard copy of the SWPPP document.
Task 002: Routine QSD Inspections
Estimated one pre -construction inspection and three bi- annual $ 2, 600 U inspections at $ 650 each.
Task 003: Routine QSP and Delegate Inspections
Estimated 90 inspections at $ 500 each.
Task 004: Non -Routine QSD/SP Inspections
Time -and -expense, as -needed.
Task 005: Annual Compliance Reporting
Estimated two reports at $ 1, 500 each.
10, 000 LS
45, 000 U
5, 000 T&E
Task 006: Notice of Termination
3, 000 U
3, 000 LS
Task 007: Consultation
Time -and -expense, as -needed. 8, 000 T&E
TOTAL $ 226, 600
LS = lump sum, U = unit cost, T&E = time -and -expense
City of Lathrop
CTF Phase 111 Expansion
PROPOSAL FOR CONSTRUCTION SUPPORT SERVICES
CLOSING
16218. 000.07
May 6, 2024
Revised June 5, 2024
ENGEO' sliability for damage due to professional negligence, acts, errors, omissions, breach of contract and consequential damages will be limited by Client to an amount not to exceed an aggregate limit of one million dollars, or ENGEO' sfee, whichever is greater, regardless of the legal theory under which such liability is imposed.
If the above scope of services and fee are acceptable, please issue your standard agreement as our authorization to proceed. We can begin our services upon receipt of an executed agreement.
We look forward to serving you on this project. If you have any questions or comments regarding this proposal, please call and we will be glad to discuss them with you.
Sincerely,
ENGEO Incorporated
Kenneth Hamilton ' Steve Harris, GE
Senior Project Manager
kh/ vkd/ sdh/ ca
Principal
DocuSign Envelope ID: 28799857- E9F- 48BF- 804D- ADBB964910B6
CITY OF LATHROP
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING
SERVICES WITH ENGEO, INCORPORATED
THIS AGREEMENT, dated for convenience this day of June 2024, is by and between ENGEO, INCORPORATED (" CONSULTANT") and the CITY OF LATHROP, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Geotechnical Investigation and Engineering Services, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Geotechnical Investigation and Engineering Services, as hereinafter defined, on the following terms and conditions; and NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Geotechnical Investigation and Engineering Services in conformance with each approved Task Order submitted by the CONSULTANT, attached hereto as incorporated herein by this reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and CITY' Ssatisfaction.
2) Compensation
CONSULTANT agrees to perform Geotechnical Investigation and Engineering Services per the fee schedule included as Exhibit A dated February 1, 2024. City hereby agrees to pay CONSULTANT the amount indicated in each approved Task Order, for the Geotechnical Investigation and Engineering Services. City agrees to pay CONSULTANT within thirty ( 30) days of receipt of billings containing all information required per Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in approved Task Order Scope of Work unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work and payment terms prior to the commencement of work.
3) Effective Date and Term
The effective date of this Agreement is June , 2024 and it shall terminate no later than June 30, 2025, provided that the City may extend this agreement under the same terms and conditions for two ( 2) additional two ( 2) year periods, commencing on July 1, 2025, and on July 1st of each second following year and terminating on June 30th of each second subsequent year. CONSULTANT shall be given thirty ( 30) days written notice of City' sintent to renew or not to renew this agreement.
DocuSign Envelope ID: 28799857- E9F- 48BF- 804D- ADBB964910B6
CITY OF LATHROP - ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. CONSULTANT expressly agrees not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billings
CONSULTANT' Sbills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order. 6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assignment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. The services shall be performed by, or under the direct supervision, of CONSULTANT' sAuthorized Representative: Steve Harris. CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.
8) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative.
CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative. 9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( i) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any
DocuSign Envelope ID: 28799857- E9F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars ($ 2, 000,0) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' sgeneral supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California - admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
ii) Notice of cancellation, material change, or non -renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially
available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.
The CITY shall have the right to exercise at the
CONSULTANT' Scost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew
the coverage.
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of any
work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' sauthorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f)In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
1) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' S Responsibility
As to the CONSULTANT' Swork hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the
DocuSign Envelope ID: 28799857- E9F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. CONSULTANT' s aggregate liability hereunder shall be limited by CITY to 1, 000,0 regardless of the legal theory under which such liability is imposed. 11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT represents that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' Sdelivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement. 14) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES 15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:
Copy to:
To Consultant:
16) Miscellaneous
City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
ENGEO, Inc.
17278 Golden Valley Parkway
Lathrop, CA 95330
Phone: ( 209) 835- 0610
Fax: ( 888) 279-698
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California.
c) Definitions. The definitions and terms are as defined in these specifications.
d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.
e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6
CITY OF LATHROP - ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES f)
g)
Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement. h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
1) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
j) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect. k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
1) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as alegal holiday by CITY, the time for performance shall be extended to the following Business Day. n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover
DocuSign Envelope ID: 28799857- E5F- 48BF- 804D- ADBB964910B6
CITY OF LATHROP - ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party. 17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 18) Signatures
The individuals executing this Agreement represent that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6 CITY OF LATHROP — ENGEO, INCORPORATED
MASTER AGREEMENT FOR GEOTECHNICAL INVESTIGATION AND ENGINEERING SERVICES Approved as to Form:
Recommended for Approval:
Approved by:
CONSULTANT:
City of Lathrop
City Attorney
Salvador Navarrete Date
City of Lathrop
Assistant City Manager
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen Salvatore Date
City Manager
ENGEO, Inc.
17278 Golden Valley Parkway
Lathrop, CA 95330
Fed ID # 94- 1748418
Business License # 20170
ilobimsibbed
by:
BSEI57s227A245e...
Signature
Steve Harris
5/ 30/ 224
Date
Principal
Print Name and Title
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6 ENGEO
Expect Excellence ---
EXHIBIT A GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAL/ MARINE GEOTECHNICS
PREFERRED CLIENT FEE SCHEDULE
PROFESSIONAL SERVICES
Effective February 2024
President $ 485. 00 per hour
Principal $ 390. 00 per hour
Associate $ 330. 00 per hour
Subject Matter Expert $ 425. 00 per hour
Senior $ 278. 00 per hour
Project $ 247. 00 per hour
Staff $ 216. 00 per hour
Assistant $ 173. 00 per hour
Construction Services Manager II $ 225. 00 per hour*
Construction Services Manager I $ 215. 00 per hour*
Senior Field Representative II $ 185. 00 per hour*/**
Senior Field Representative I $ 165. 00 per hour*/**
Field Representative $ 153. 00 per hour*/**
Senior Laboratory Technician $ 185. 00 per hour
Laboratory Technician $ 165. 00 per hour
Senior GIS Developer $ 200. 00 per hour
GIS Developer $ 190. 00 per hour
Senior GIS Analyst $ 195. 00 per hour
GIS Analyst $ 180. 00 per hour
Senior CAD Specialist $ 180. 00 per hour
CAD Specialist $ 170. 00 per hour
Network Administrator $ 260. 00 per hour
Project Assistant $ 150. 00 per hour
Two- hour minimum portal to portal and cancellations within 24 hours.
OVERTIME RATES: Rates increased by factor of 1. 5 for all hours worked in excess of eight ( 8) Monday through Friday, and the first eight (8) hours worked on Saturday. Rates increased by factor of 2. 0 for all hours worked in excess of twelve ( 12) Monday through Friday, all hours worked in excess of eight (8) on Saturday and all hours worked on Sunday and holidays.
For Prevailing Wage projects, increase the hourly rate by $ 21.
Rates increased by factor of 1. 25 for night shift hours ( hours commencing after 4: 00 p. m. or before 4: 00 a. m.); rates increased by factor of 1. 875 (an additional factor of 1.5) for all night shift hours in excess of eight (8); rates increased by factor 2. 5 for all night shift hours worked in excess of twelve ( 12).
ADDITIONAL SERVICES OFFERED
In addition to our core services of geotechnical, hydrologic and environmental engineering, including construction - phase testing and observation, ENGEO provides clients with services for establishment and management of Geologic Hazard Abatement Districts ( GHAD) and for Entitlement and Permitting Support ( EPS). For more information about these services and associated pricing, please contact ENGEO at (925) 866- 9000.
OTHER FEES
Equipment and materials will be charged in addition to the above hourly rates.
Outside Consultants, Subcontracted Services and Equipment Rental Cost plus 25% Expert Witness, Deposition, Mediation, Arbitration, or Court Appearance ( Minimum Charge) $ 2, 800. 0 half day, $4, 800. 0 full day TERMS
Invoices will be submitted at completion of work or at approximately four week intervals and are due and payable upon receipt. Statements will be issued at monthly intervals. Charges not paid within 30 days of invoice date will accrue a late charge at a rate of 1. 5 percent per month. In the event it becomes necessary to commence suit to collect amount due, Client agrees to pay attorney' sfees and costs, as the court may deem reasonable until amount is paid. Fees will be applicable for one year from the effective date above; thereafter, fees will be adjusted annually. Our fees will be billed using an invoice format produced by a standardized accounting software package. A more customized itemization of charges and backup data will be provided upon Client' s requests, but at additional fees. Final reports may be withheld until outstanding invoices are paid in full.
Many risks potentially affect ENGEO by virtue of entering into this agreement to perform services on behalf of client. A principal risk is the potential for human error by ENGEO. For client to obtain the benefit of a fee that includes a nominal allowance for dealing with our liability, client agree to limit ENGEO' sliability to Client and all other parties for claims arising out of our performance of the services described in the agreement. The aggregate liability will not exceed $ 50, 000 (or ENGEO' sfee, whichever is greater, but not more than $ 1, 000,00) for professional acts, errors, or omissions, including attorney' sfees and costs that may be awarded to the prevailing party and client agrees to indemnify and hold harmless ENGEO from and against all liabilities in excess of the monetary limit established above.
February 1, 2024 www. engeo. com
DocuSign Envelope ID: 28799857- E95F- 48BF- 804D- ADBB964910B6
EQUIPMENT AND MATERIALS CHARGES
DESCRIPTION COST PER UNIT ($) UNIT
Air Content Meter
Bailers ( Disposable)
Coatings Thickness Kit (eg. Fireproofing, Protective Paint) Concrete Crack Monitor
Coring Machine
Double -Ring Infiltrometer
Electronic Water Level Indicator
Engineering Analysis Software
Equipment Transport( e)
Exploration Equipment ( Electric Auger) 50. 00 hour
Floor Flatness/ Floor Level Equipment 40. 00 hour
Generator 15. 00 hour
50. 00 month
10. 00 hour
228. 00 hour
15. 00 hour
25. 00 hour
2. 00 hour
25. 00 hour
6. 00 hour
15. 00 hour
10. 00 hour
20. 00 hour
100. 00 hour
10. 00 each
5. 00 hour
20. 00 hour
50. 00 hour
Skidmore Wilhelm Bolt Tension Calib. 40. 00 hour
Slope Inclinometer/ Settlement Indicator/ VWReadout 50. 00 hour Torque Wrench 15. 00 hour
Transfer Pump 3. 00 hour
Ultrasonic Equipment 50. 00 hour
Vapor Emission Test Kit 40. 00 kit
Vector Conversion 60. 00 conversion
Vehicle, nuclear gauge, equipment, wireless communication.
35. 00" hour
Add $ 5. 00/ hr. for RTK enabled autotesting equipment.
Vehicle, equipment, wireless communication 25. 00 hour
Vibration Monitor 1800. 0 month
Water Sampling Pumps 20. 00 hour
Bridge Toll actual actual
Mileage . 98 mile
Parking actual actual
AutoCAD, Civil 3D, GIS, Drone Data Processing 35. 00 hour Photocopies Black & White 0. 25 each
Photocopies Color 11 x 17 1. 50 each
Photocopies Color 8'/ x 11 1. 00 each
Plot - Black & White 3. 00 square foot
Plot - Color 4. 00 square foot
Postage actual actual
Scan - Black & White 1. 50 each
Scan - Color 3. 75 each
Telephone 0. 50 minute
GIS Website Portal Subscriptions
GPS Handheld Device
GPR/PS/ Drone Survey Equipment
Hand Auger and Soil Sampler
Hydraulic Pull -Test Equipment
Interface Probe
Magnetic Particle Test Equipment
Moisture Content Test Equipment
Multi - Parameter Water Meter
pH Meter/ Turbidity Meter
Photo Ionization Detector
Reinforcing Bar Locator
Sampling Tubes
Sand Cone Equipment and Material
Schmidt Hammer
Seisometer
7. 00 hour
10. 00 each
30. 00 hour
20. 00 each
30. 00 hour
50. 00 hour
5. 00 hour
49. 00 hour
100. 00 hour
February 1, 2024 www. engeo. com
A O® CERTIFICATE OF LIABILITY INSURANCE
DATE ( MMIDD/ YYYY)
9/ 1/ 2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER
Edgewood Partners Insurance Center
License # 0629370
PO Box 2110
Rancho Cordova CA 95670
CONTACT
Rebecca Foster
PHONE FAX
A/ c. No. Ext): 916- 576- 1524 ( A/ c, No): 916- 583- 7613 ADDRESS: Rebecca. Foster@epicbrokers. com
INSURER( S) AFFORDING COVERAGE NAIC#
INSURER A : Travelers Property Casualty Co of Amer 25674
INSURED ENGEINC
ENGEO Incorporated
Crow Canyon PlacePlace # 250
San Ramon CA 94583- 4634
INSURER B : The Travelers Indemnity Company of CT 25682 INSURERc: Endurance American Specialty Ins Co 41718
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 1224353949 REVISION NUMBER:
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.
INSR
LTR INSD TYPE OF INSURANCE
ADDL SUBR
WVD POLICY NUMBER
POLICY EFF
MM/ DD/ YYYY)
POLICY EXP
MM/ DD/ YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY Y Y 6308899N880 9/ 1/ 2023 9/ 1/ 2024 EACH OCCURRENCE 1, 000,00
CLAIMS -MADE X OCCUR
DAMAGE TO RENTED
PREMISES ( Ea occurrence) 300, 00
X Ded - NIL MED EXP ( Any one person) 5, 000
PERSONAL & ADV INJURY 1, 000,00
GEN' L AGGREGATE
X
LIMIT APPLIES
CrJER
PER:
LOC
GENERAL AGGREGATE 2, 000,00
PRODUCTS - COMP/ OPAGG 2, 000,00
8 AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
Y Y 8100P298320 9/ 1/ 2023 9/ 1/ 2024
COMBINED SINGLE LIMIT
Ea accident) 1, 000,00
BODILY INJURY ( Per person)
BODILY INJURY ( Per accident)
PROPERTY DAMAGE
Per accident)
A X UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS - MADE
CUP6J082242 9/ 1/ 2023 9/ 1/ 2024 EACH OCCURRENCE 5, 000,00 AGGREGATE 5, 000,00
DED X
RETENTION$ NII
A WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBEREXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N/ A
Y UB4J940442 9/ 1/ 2023 9/ 1/ 2024 X
PER
STATUTE
OTHER
E. L. EACH ACCIDENT 1, 000,00
E. L. DISEASE - EA EMPLOYEE 1, 000,00
E. L. DISEASE - POLICY LIMIT 1, 000,00
C E&O (Professional Liability)
Claims Made
Retro Date. 03/1/ 89
DPL30043736100 9/ 1/ 2023 9/ 1/ 2024 Per Claim
Aggregate
Retention
1, 000,00
1, 000,00
250, 00
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: All Contracts/ Written Agreements between the Certificate Holder and the Insured. Additional Insured: City of Lathrop its officers, City Council, boards and commissions and member thereof, its employee and agents. When required by written contract, additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability, Automobile Liability and Workers' Compensation, all per the attached endorsements.
CERTIFICATE HOLDER CANCELLATION
City of Lathrop
390 Towne Centre Drive
Lathrop CA 95330
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy #6308899N880
COMMERCIAL GENERAL UABIUTY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - WRITTEN
CONTRACTS ( ARCHITECTS, ENGINEERS AND
SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II — WHO I8
AN INSURED:
Any person or organization that you agree in a
written contract requiring insurance" to Include as
an additional Insured on this Coverage Part, but
a. Only with respect to liability for "bodily Injury",
property damage" or "personal Injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of " your work" to which the " written contract
requiring insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the Independent acts
or omissions of such person or organization.
The insurance provided to such additional Insured
Is limited as follows:
c. In the event that the Limits of insurance of
this Coverage Part shown in the Declarations
exceed the limits of lability required by the
Written contract requiring insurance', the insurance provided to the additional insured shall be limited to the limits of liability required
by that ' written contract requiring Insurance'.
This endorsement shall not increase the limits
of insurance described in Section III — Limits
Of insurance.
d. This Insurance does not apply to the rendering of or failure to render any " professional services" or construction management errors
or omissions.
e. This Insurance does not apply to ' bodily Injury' or " property damage" caused by ' your work" and Included in . the " products -
completed operations hazard" unless the
written contract requiring insurance" specifically requires you to provide such coverage for that additional Insured, and then the Insurance provided to the additional insured applies only to such " bodily Injuy or ' property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period,
whichever is earlier.
2. The following Is added to Paragraph 4. 8. of SECTION N — COMMERCIAL GENERAL LIABILfTY CONDITIONS:
The insurance provided to the additional Insured
is excess over any valid and collectible " other insurance", whether primary, excess. contingent or on any other bests, that is available to the additional insured for a loss we cover. However, it you specifically agree in the "written contract requiring
insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and noncontributory basis, this insurance is primary to other insurance' available to the additional Insured which covers that person or organization as a named insured for such loss, and we will not
share with that " other Insurance". But this insurance provided to the additional Insured still Is excess over any valid and collectible ' other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional
Insured when that person or organization is an
additional Insured under any ' other Insurance".
3. The following Is added to SECTION IV — COMMERCIAL GENERAL LABILITY CONDITTON8:
Duties Of An Additional Insured
As a condition of coverage provided to the additional insured:
a. The additional insured must give us written
notice as soon as practicable of an " occurrence" or an offense which may result in a claim. To the extent possible, such notice
should include:
CG D4 14 04 08 2008 The Trawlers Companies, Inc. Page 1 of 2
COMMERCIAL GENERAL LIABILITY
1. How, when and where the " occurrence"
or offense took place;
II. The names and addresses of any injured
persons and witnesses; and
The nature and location of any injury or
damage arising out of the " occurrence" or
offense.
b. If a daim is made or "suit" is brought against
the additional insured, the additional insured
must:
I. Immediately record the spedflcs of the
claim or "suit" and the date received; and
11. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
c. The additional Insured must immediately send
us copies of all legal papers received In connection with the daim or " suit", cooperate with us in the investigation or settlement of the
claim or defense against the " suit", and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any daim or " suit" to
any provider of other insurance which would
cover the additional Insured for a loss we
cover. However, this condition does not affect
whether this insurance provided to the additional insured is primary to that other insurance available to the additional insured which covers that person or organization as a
named insured.
4. The following is added to the DEFINITIONS Section:
Written contract requiring insurance" means that
part of any written contract or agreement under
which you are required to indude a person or organization as an additional insured on this Coverage Part, provided that the " bodily Injury" and property damage' occurs and the " personal injury" Is caused by an offense committed:
a. After the signing and execution of the contract
or agreement by you;
b. While that part of the contract or agreement is
In effect and
c. Before the end of the policy period.
02008 The Travelers Companies. Inc. CO D4 14 04 08
Policy #& 308899N880 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS
AND SURVEYORS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is exduded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered.
A. Non -Owned Watercraft — 75 Feet Long Or Less
B. Who Is An Insured — Unnamed Subsidiaries
C. Who Is An Insured — Retired Partners, Members,
Directors And Employees
D. Who Is An Insured — Employees And Volunteer
Workers — Bodily Injury To Co -Employees, Co -
Volunteer Workers And Retired Partners,
Members, Directors And Employees
E. Who Is An Insured — Newly Acquired Or Formed
Limited Liability Companies
F. Blanket Additional Insured — Controlling Interest
G. Blanket Additional Insured — Mortgagees,
Assignees, Successors Or Receivers
PROVISIONS
A. NON -OWNED WATERCRAFT — 75 FEET
LONG OR LESS
1. The following replaces Paragraph ( 2) of
Exclusion g., Aircraft, Auto Or Watercraft,
In Paragraph 2. of SECTION I —
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
2) A watercraft you do not own that is:
a) 75 feet long or less; and
b) Not being used to carry any person
or property for a charge;
2. The following replaces Paragraph 2. s. of
SECTION II — WHO IS AN INSURED:
e. Any person or organization that, with
your express or implied consent, either
H. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Premises
I. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Operations
J. Incidental Medical Malpractice
K. Medical Payments — Increased Limit
L. Amendment Of Excess Insurance Condition —
Professlonal Liability
M. Blanket Waiver Of Subrogation — When Required
By Written Contract Or Agreement
N. Contractual Liability — Railroads
uses or is responsible for the use of a
watercraft that you do not own that Is:
1) 75 feet long or less; and
2) Not being used to carry any person
or property for a charge;
B. WHO I8 AN INSURED — UNNAMED
SUBSIDIARIES
The following is added to SECTION 1I — WHO 18
AN INSURED:
Any of your subsidiaries, other than a partnership
or Joint venture, that is not shown as a Named
Insured in the Declarations is a Named Insured
If:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy
period; and
CG D3 79 0219 O 2017 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL GENERAL LIABILITY
b. Such subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured for " bodily
injury" or " property damage" that occurred, or
personal and advertising injury" caused by an
offense committed:
a. Before you maintained an ownership interest
of more than 50% in such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section II — Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company; or
c. A trust;
as indicated in its name or the documents that
govern its structure.
C. WHO IS AN INSURED — RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following is added to Paragraph 2. of
SECTION II — WHO IS AN INSURED:
Any person who is your retired partner, member,
director or " employee" that is performing services
for you under your direct supervision, but only for
acts within the scope of their employment by you
or while performing duties related to the conduct
of your business. However, no such retired
partner, member, director or " employee" is an
insured for:
1) "Bodily injury":
a) To you, to your current partners or
members ( if you are a partnership or
joint venture), to your current members
if you are a limited liability company) or
to your current directors;
b) To the spouse, child, parent, brother or
sister of that current partner, member or
director as a consequence of Paragraph
1)( a) above;
For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph ( 1)( a)
or (b) above; or
d) Arising out of his or her providing or
failing to provide professional health care
services.
c)
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs ( 1)( a), ( b), (c) and ( d)
above do not apply to " bodily injury" arising
out of providing or failing to provide first aid
or "Good Samaritan services" by any of your
retired partners, members, directors or
employees", other than a doctor. Any such
retired partners, members, directors or
employees" providing or failing to provide
first aid or "Good Samaritan services" during
their work hours for you will be deemed to be
acting within the scope of their employment
by you or performing duties related to the
conduct of your business.
2) 'Personal injury":
a) To you, to your current or retired
partners or members ( if you are a
partnership or joint venture), to your
current or retired members ( if you are a
limited liability company), to your other
current or retired directors or
employees" while in the course of his or
her employment or performing duties
related to the conduct of your business,
or to your other " volunteer workers"
while performing duties related to the
conduct of your business;
b) To the spouse, child, parent, brother or
sister of that current or retired partner,
member, director, " employee" or
volunteer worker" as a
consequence of
Paragraph ( 2)( a) above;
c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraph ( 2)( a)
or (b) above; or
d) Arising out of his or her providing or
failing to provide professional health care
services.
3) "Property damage" to property:
a) Owned, occupied or used by; or
b) Rented to, in the care, custody or control
of, or over which physical control is
being exercised for any purpose by;
you, any of your retired partners, members
or directors, your current or retired
employees" or " volunteer workers", any
current partner or member ( if you are a
partnership or joint venture), or any current
member ( if you are a limited liability
company) or current director.
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COMMERCIAL GENERAL LIABILITY
D. WHO 18 AN INSURED - EMPLOYEES AND
VOLUNTEER WORKERS - BODILY INJURY
TO CO -EMPLOYEES, CO -VOLUNTEER
WORKERS AND RETIRED PARTNERS,
MEMBERS, DIRECTORS AND EMPLOYEES
The following Is added to Paragraph 2. a.( 1) of
SECTION 1I - WHO i8 AN INSURED:
Paragraphs ( 1Xa), (b) and ( c) above do not
apply to " bodily injury" to a current or retired co -
employee" while in the course of the co -
employee' s" employment by you or performing
duties related to the conduct of your business, or
to " bodily injury to your other " volunteer
workers" or retired partners, members or
directors while performing duties related to the
conduct of your business.
E. WHO 18 AN INSURED - NEWLY ACQUIRED
OR FORMED LIMITED LIABIIJTY COMPANIES
The following replaces Paragraph 3. of
SECTION II - WHOM AN INSURED:
3. Any organization you newly acquire or form,
other than a partnership or joint venture, and
of which you are the sole owner or In which
you maintain an ownership interest of more
than 50%, will qualify as a Named Insured If
there is no other similar insurance available
to that organizatlon. However:
a. Coverage under this provision is
afforded only:
1) Until the 180th day after you acquire
or form the organization or the end
of the policy period, whichever is
earlier, if you do not report such
organization in writing to us within
180 days after you acquire or form Ih
or
2) Until the end of the policy period,
when that date Is later than 180 days
after you acquire or form such
organization, if you report such
organization in writing to us within
180 days after you acquire or form it;
b. Coverage A does not apply to " bodily
injury" or " property damage" that
occurred before you acquired or formed
the organization; and
c. Coverage B does not apply to "personal
and advertising injury arising out of an
offense committed before you acquired
orformed the organization.
For the purposes of Paragraph 1. of Section
I1 — Who is An Insured, each such
organization will be deemed to be
designated In the Declarations as:
a. A limited liability company;
b. An organization other than a partnership,
joint venture or limited liability company;
or
c. A trust;
as indicated in its name or the documents
that govem its structure.
F. BLANKET ADDITIONAL INSURED -
CONTROLLING INTEREST
1. The following is added to SECTION II -
WHO IS AN INSURED:
Any person or organization that has financial
control of you la an Insured with respect to
liability for " bodily lnjury", "property damage"
or " personal and advertising injury" that
arises out of:
a. Such financial control; or
b. Such
ownership,
person' s
maintenance
or organization' s
or use of
premises leased to or occupied by you.
The insurance provided to such person or
organization does not apply to structural
alterations, new construction or demolition
operations performed by or on behalf of such
person or organization.
2. The following is added to Paragraph 4. of
SECTION 11- WHO IS AN INSURED:
This paragraph does not apply to any
prendses owner, manager or lessor that has
flnandal control of you.
G. BLANKET ADDITIONAL INSURED -
MORTGAGEES, ASSIGNEES, SUCCESSORS
OR RECEIVERS
The following Is added to SECTION II — WHO IS
AN INSURED:
Any person or organization that is a mortgagee,
assignee, successor or receiver and that you
have agreed in a written contract or agreement
to include as an additional insured on this
Coverage Part is an insured, but only wtlh
respect to its ( lability as mortgagee, assignee,
successor or receiver for "bodily injury", "property
damage" or " personal and advertising injury
that:
a. Is " bodily injury" or " property damage" that
occurs, or 1s " personal and advertising injury"
caused by an offense that Is committed,
CG D3 79 0219 sD 2017 The Travelers Indemnity Company. M rights reserved.
Includes copyrighted material of insurance Services Office, inc. with its permission.
COMMERCIAL GENERAL LIABILITY
subsequent to the signing of that contract or
agreement and
b. Arises out of the ownership, maintenance or
use of the premises for which that
mortgagee, assignee, successor or receiver
is required under that contract or agreement
to be included as an additional insured on
this Coverage Part.
The insurance provided to such mortgagee,
assignee, successor or receiver is subject to the
following provisions:
a. The limits of insurance provided to such
mortgagee, assignee, successor or receiver
will be the minimum limits that you agreed to
provide in the written contract or agreement,
or the limits shown in the Declarations,
whichever are less.
b. The insurance provided to such person or
organization does not apply to:
1) Any " bodily injury" or "property damage"
that occurs, or any " personal and
advertising injury" caused by an offense
that is committed, after such contract or
agreement is no longer in effect; or
2) Any " bodily injury", "property damage" or
personal and advertising injury" arising
out of any structural alterations, new
construction or demolition operations
performed by or on behalf of such
mortgagee, assignee, successor or
receiver.
H. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS OR
AUTHORIZATIONS RELATING TO PREMISES
The following is added to SECTION 11— WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and
that you are required by any ordinance, law,
building code or written contract or agreement to
include as an additional insured on this
Coverage Part is an insured, but only with
respect to liability for " bodily injury", "property
damage" or " personal and advertising injury"
arising out of the existence, ownership, use,
maintenance, repair, construction, erection or
removal of any of the following for which that
governmental entity has issued such permit or
authorization: advertising signs, awnings,
canopies, cellar entrances, coal holes,
driveways, manholes, marquees, hoist away
openings, sidewalk vaults, elevators, street
banners or decorations.
I. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS
OR AUTHORIZATIONS RELATING TO
OPERATIONS
The following is added to SECTION II — WHO IS
AN INSURED:
Any governmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for
bodily injury", "property damage" or " personal
and advertising injury" arising out of such
operations.
The insurance provided to such governmental
entity does not apply to:
a. Any " bodily injury", "property damage" or
personal and advertising injury" arising out
of operations performed for the
governmental entity; or
b. Any " bodily injury" or " property damage"
included in the " products -completed
operations hazard".
J. INCIDENTAL MEDICAL MALPRACTICE
1. The following replaces Paragraph b. of the
definition of " occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in
providing or failing to provide " incidental
medical services", first aid or " Good
Samaritan services" to a person, unless
you are in the business or occupation of
providing professional ' health care
services.
2. The following replaces the last paragraph of
Paragraph 2.a.( 1) of SECTION II — WHO IS
AN INSURED:
Unless you are in the business or occupation
of providing professional health care
services, Paragraphs ( 1)( a), ( b), (c) and ( d)
above do not apply to " bodily injury" arising
out of providing or failing to provide:
a) "Incidental medical services" by any of
your " employees" who is a nurse,
nurse assistant, emergency medical
technician, paramedic, athletic trainer,
audiologist, dietician, nutritionist,
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CGD3790219
COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational
therapy assistant, physical therapist or
speech -language pathologist; or
b) First aid or " Good Samaritan services"
by any of your ' employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such " employees"
or "volunteer workers' providing or failing
to provide first aid or " Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION III — LIMITS OF
INSURANCE:
For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide ' incidental medical
services", first aid or " Good Samaritan
services" to any one person will be deemed
to be one " occurrence".
4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I —
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LABILITY:
Sale Of Pharmaceuticals
Bodily Injury" or " property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of the insured.
5. The following is added to the DEFINITIONS
Section:
Incidental medical services" means:
a. Medical, surgical, dental, laboratory, xr
ray or nursing service or treatment,
advice or Instruction, or the related
furnishing of food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4. b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This Insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis,
that is available to any of your " employees"
for "bodily Injury" that arises out of providing
or failing to provide " incidental medical
services" to any person to the extent not
subject to Paragraph 2. 0.( 1) of Section II —
Who is An Insured.
K. MEDICAL PAYMENTS — INCREASED LIMIT
The following replaces Paragraph 7. of
SECTION III — LIMITS OF INSURANCE:
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses
because of "bodily injury sustained by any
one person, and will be the higher of:
a. $10, 000; or
b. The amount shown in the Declarations of
this Coverage Part for Medical Expense
Umlt.
L AMENDMENT OF EXCESS INSURANCE
CONDITION — PROFESSIONAL LABILITY
The following is added to Paragraph 4. b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any of the other
insurance, whether primary, excess, contingent
or on any other basis, that Is Professional
Liability or similar coverage, to the extent the
loss 1s not subject to the professional services
exclusion of Coverage A or Coverage B.
M. BLANKET WAIVER OF SUBROGATION —
WIHEN REQUIRED BY WRfi` EN CONTRACT
OR AGREEMENT
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If the Insured has agreed in a written contract or
agreement to waive that insured' s right of
recovery against any person or organization, we
waive our right of recovery against such person
or organization, but only for payments we make
because of:
a. " Bodily Injury" or " property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the signing of that contract or
agreement.
CGD3790219 O 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 includes copyrighted material of Insurance Services Moe, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
N. CONTRACTUAL LIABILITY — RAILROADS
1. The following replaces Paragraph c. of the
definition of " insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;
2. Paragraph f.(1) of the definition of " insured
contract" in the DEFINITIONS Section is
deleted.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # 6308899N880
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other Insurance penults contribution
by equal shares, we will fellow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of Insurance or none of the loss remains,
whk; hever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer' s
share is based on the ratio of its applcable limit
of Insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non —Contributory Insuranee If
Required Ey Written Contract
If you spedfiically agree in a written contract or
agreement that the Insurance afforded to an
Insured under this Coverage Part must apply on
a primary basis, or a primary and noncontributory basis, this Insurance Is primary to other insurance that is available to such insured
which covers such Insured as a named insured,
and we will not share with that other insurance,
provided that
1) The "balky injury' or "property damage" for
which coverage is sought occurs; and
2) The " personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
In, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specllcaliy assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
s. As If each Named Insured were the only
Named Insured; and
b. Separately to each Insured against whom Balm
Is made or " suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover ail or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring " suit" or transfer those rights to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown In
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice Is mailed, proof of making will be sufficient proof of notice.
SECTION V — DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
pubkahed to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published Include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding webaftes, only that part of a webslts
that is about your goods, products or services
for the purposes of attracting customers or
supporters Is considered an advertisement
Includes copyrighted material of Insurance Services Office, Inc. with Its permission.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 6308899N880
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED PROJECT( S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Project( s):
EACH " PROJECT" FOR WHICH YOU HAVE AGREED, IN
A WRITTEN CONTRACT WHICH IS IN EFFECT DURING
TH/ S POLICY PERIOD, TO PROVIDE A SEPARATE
GENERAL AGGREGATE LIMIT, PROVIDED THAT THE
CONTRACT IS SIGNED AND EXECUTED BY YOU
BEFORE THE " BODILY INJURY" OR " PROPERTY
DAMAGE" OCCURS.
A. For al sums which the insured becomes legally
obligated to pay as damages caused by " occurrences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents under COVERAGE C ( SECTION 1). which can be attributed only to operations at a single designated " project" shown in the Schedule above:
1. A separate Designated Project General Aggregate Limit applies to each designated " project". and that limit is equal to the amount of the General Aggregate Limit shown in the
Declarations, unless separate Designated
Project General Aggregate( s) are scheduled above.
2. The Designated Project General Aggregate
Limit is the most we will pay for the sum of all
damages under COVERAGE A.. except
damages because of " bodily injury" or " property damage" included in the " products - completed operations hazard". and for medical expenses under COVERAGE C, regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims
or bringing " suits".
Designated Project
General Aggregate( s):
S2, 000,00
3. Any payments made under COVERAGE A.
for damages or under COVERAGE C. for
medical expenses shall reduce the Designated Project General Aggregate Limit for that designated " project". Such payments
shall not reduce the General Aggregate Limit
shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated
project" shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented
To You and Medical Expense continue to
apply. However. instead of being subject to
the General Aggregate Limit shown in the
Declarations. such limits will be subject to the
applicable Designated Project General Aggregate Limit.
B. For all sums which the insured becomes legally
obligated to pay as damages caused by " occurrences" under COVERAGE A. (SECTION I), and for al medical expenses caused by accidents under COVERAGE C. (SECTION I). which cannot be attributed only to operations at a single designated " project" shown in the Schedule above:
CG D2 11 01 04 Copyright. The Travelers Indemnity Company. 2004 Page 1 of 2
COMMERCIAL GENERAL LIABILITY
1. Any payments made under COVERAGE A.
for damages or under COVERAGE C. for
medical expenses shall reduce the amount
available under the General Aggregate Limit
or the Products -Completed Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Designated Project General Aggregate Limit.
C. Part 2. of SECTION III — LIMITS OF INSURANCE
is deleted and replaced by the following:
2. The General Aggregate Limit is the most we
will pay for the sum of:
a. Damages under Coverage E3: and
b. Damages from " occurrences" under
COVERAGE A ( SECTION I) and for all
medical expenses caused by accidents
under COVERAGE C (SECTION I) which
cannot be attributed only to operations at
a single designated " project" shown in the
SCHEDULE above.
D. When coverage for liability arising out of the
products - completed operations hazard" is provided, any payments for damages because of bodily injury" or " property damage" included in
the " products -completed operations hazard" will
reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Project General Aggregate Limit.
E. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition:
Project" means an area away from premises
owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the
applicable aggregate limit of insurance, each
project" that includes premises involving the
same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of- way of a railroad shall be
considered a single " project".
F. The provisions of SECTION III — LIMITS OF
INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.
POLICY NUMBER: 6308899N880 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ALL PROJECTS SUBJECT TO A
WRAP- U INSURANCE PROGRAM
WITH LIMITED EXCEPTIONS FOR CERTAIN ONGOING
OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS
1. The following exclusion is added to Paragraph 2.,
Exclusions, of SECTION I — COVERAGES —
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY:
Wrap- uInsurance Programs
Bodily injury" or " property damage" arising out of
any project that is or was subject to a " wrap- u
insurance program".
This exclusion does not apply to " bodily injury" or
property damage" arising out of your ongoing
operations that:
1) Are being performed at any location owned
by, or rented to, you that is outside the project
site for that project and is not covered by the
wrap- u insurance program" for that project;
or
2) Are punch list or warranty work, if coverage
was available to the insured under the " wrapup insurance program" for "bodily injury" and property damage" arising out of your ongoing
operations and the " bodily injury" or "property
damage" occurs after the expiration of all
such coverage.
CGD3910813
The exceptions in this exclusion do not apply to
bodily injury" or " property damage" included in
the " products -completed operations hazard" even
if you are required to provide such coverage for
an additional insured by a written contract or
agreement.
2. The following is added to the DEFINITIONS Section:
Wrap- u insurance program" means any agreement or arrangement, including any contractor - controlled, owner -controlled or similar insurance
program, under which:
a. Some or all of the contractors working on a
specific project, or specific projects, are required to enroll in a program to obtain insurance that:
1) Includes the same or similar insurance as
that provided by this Coverage Part; and
2) Is issued specifically for injury or damage
arising out of such project or projects; and
b. You are or were enrolled or allowed to enroll.
0 2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Policy Number: 8100P298320 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A.
B.
C.
D.
E.
F.
G.
BROAD FORM NAMED INSURED
BLANKET ADDITIONAL INSURED
EMPLOYEE HIRED AUTO
EMPLOYEES AS INSURED
SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS WAIVER OF DEDUCTIBLE — GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A. 1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. In A. 1.,
Who Is An Insured, of SECTION 11 — COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the " bodily injury" or
property damage" occurs and that is in effect
during the policy period, to be named as an additional insured is an " insured" for Covered Autos Liability Coverage, but only for damages to which
H.
J.
K.
L.
M.
N.
HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
PERSONAL PROPERTY
AIRBAGS
NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
BLANKET WAIVER OF SUBROGATION
UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies end only to the extent that
person or organization qualifies as an " Insured"
under the Who Is An Insured provision contained
In Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A. 1.,
Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE:
An " employee" of yours is an Insured" while
operating an " auto" hired or rented under a
contract or agreement In an " employee' s"
name, with your permission, while performing
duties related to the conduct of your business.
2. The following replaces Paragraph b. in B. 5.,
Other Insurance, of SECTION IV — BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered " autos" you own:
1) Any covered " auto" you lease, hire,
rent or borrow; and
2) Any covered " auto" hired or rented by
your " employee" under a contrail in
an " employee' s" name, with your
CAT3530215 0 2015 The Travelers Indemnity Company. Al rights reserved.
Includes copyrighted material of Insurance Services Orrice, Inc. with Its permission.
COMMERCIAL AUTO
permission, while performing duties
related to the conduct of your business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered " auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A. 1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any " employee" of yours is an " insured" while using a covered " auto" you don' town, hire or borrow in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
1. The following replaces Paragraph A. 2.a.(),
of SECTION II — COVERED AUTOS LIABILITY COVERAGE:
2) Up to $ 3, 000 for cost of bail bonds ( including bonds for related traffic law violations) required because of an " accident" we cover. We do not have to furnish
these bonds.
2. The following replaces Paragraph A. 2.a.( 4),
of SECTION II — COVERED AUTOS LIABILITY COVERAGE:
4) All reasonable expenses incurred by the
insured" at our request, including actual
loss of eamings up to $ 500 a day because of time off from work.
F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS The following replaces Subparagraph ( 6) in Paragraph B. 7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS:
5) Anywhere in the world, except any country or
jurisdiction while any trade sandion, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an " auto" you lease, hire, rent
or borrow from any of your " employees",
partners ( if you are a partnership), members
if you are a limited liability company) or
members of their households.
a) With respect to any claim made or " suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
i) You must arrange to defend the " insured" against, and investigate or settle any such claim or " suit" and keep us advised of all proceedings and actions.
ii) Neither you nor any other involved
Insured" will make any settlement
without our consent.
iii) We may, at our discretion, participate
in defending the " insured" against, or
in the settlement of, any claim or
suit".
iv) We will reimburse the " insured" for
sums that the " insured" legally must
pay as damages because of "bodily
injury" or " property damage" to which
this insurance applies, that the " insured" pays with our consent, but only up to the limit described in Paragraph C., Limits Of Insurance, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE.
We will reimburse the " insured" for
the reasonable expenses incurred
with our consent for your investigation of such daims and your defense of the " insured" against any such
suit", but only up to and induded
within the limit described in Paragraph C., Limits Of Insurance, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
b) This insurance is excess over any valid
and collectible other insurance available
to the ' insured" whether primary, excess,
contingent or on any other basis.
c) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada.
v)
Includes copyrighted material of Insurance Services Office, Inc. with Its permission.
CA T353 0215
COMMERCIAL AUTO
You agree to maintain all required or
compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with
compulsory insurance requirements will
not Invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory insurance requirements. d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories
and possessions, Puerto Rico and Canada. We assume no responsibility for the fumishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deductible, of SECTION III — PHYSICAL DAMAGE COVERAGE:
No deductible for a covered " auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Paragraph A. 4.b., Loss Of Use Expenses, of SECTION 111— PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use Is $ 65 per day, to a maximum of
750 for any one " accident".
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
The following replaces the first sentence in Paragraph A. 4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVERAGE:
We will pay up to $ 50 per day to a maximum of
1, 500 for temporary transportation expense incurred by you because of the total theft of a covered " auto" of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A. 4., Coverage Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE:
Personal Property
We will pay up to $ 400 for "loss" to wearing apparel and other personal property which is:
1) Owned by an " insured"; and
2) In or on your covered " auto".
This coverage applies only in the event of a total
theft of your covered " auto".
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph B. S., Exclusions, of SECTION III — PHYSICAL DAMAGE COVERAGE:
Exclusion 3. a. does not apply to "loss" to one or
more airbags in a covered " auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A. 1.b. and A. 1.c., but
only:
a. If that "auto" Is a covered ' auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not Intentionally inflated.
We will pay up to a maximum of $ 1, 000 for any
one loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
L088
The following is added to Paragraph A. 2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representative prompt notice of the " accident" or " loss" applies only when the " accident" or " loss" is known to:
a) You (if you are an individual);
b) A partner ( if you are a partnership);
c) A member ( if you are a limited liability cornpany); d) An executive officer, director or insurance
manager ( if you are a corporation or other organization); or e) Any "employee" authorized by you to give no -
tine of the " arrirtent" nr " Inss"
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A. 6., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDITIONS:
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the extent required of you by a written contract signed and executed prior to any " accident"
or " loss", provided that the " accident" or loss"
arises out of operations contemplated by
CA T3 53 0215 2015 The Travelers Indemnity Company. Al rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
such contract. The waiver applies only to the
person or organization designated in such
contract.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B. 2., Concealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS:
The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal.
2015 The Travelers Indemnity Company. Al rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with Its permission.
CA T3 53 0215
Policy # 8100P298320
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON- CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. The following is added to Paragraph A. 1.c., Who
Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
This Includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
bodily injury" or " property damage" occurs and
that is in effect during the policy period, to name
as an additional Insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person' s or organization' sliability for the
conduct of another "insured".
CA T4 74 02 16
2. The following is added to Paragraph B.., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part B. Other Insurance, this
insurance is primary to and non- contributory with
applicable other insurance under which an
additional Insured person or organization is the
first named Insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
bodily Injury" or " property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non- contributory.
6 2010 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. wkh Its permission.
TRAVELERSJ WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) —
POLICY NUMBER: UB- 4J940442
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium.
Schedule
Person or Organization Job Description
Any person or organization for which the named
insured has agreed by written contract
executed prior to loss to furnish this waiver.
As required by Written Contract
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 09/1/ 2023 Policy No. UB- 4J940442 Endorsement No.
Insured Engeo Inc. Premium
Insurance Company Travelers Property Casualty Countersigned by DATE OF ISSUE: ST ASSIGN: CA Page 1 of 1