AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 4 day of Mo.y _ , 20 .t \ , by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and Dewberry Engineers Inc., a New York corporation ("Consultant").
RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, ·ce1iification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
C. City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall provide staff augmentation services for Project Management and Engineering Support Service as described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated April 5, 2021 , and attached hereto as Attachment 2. Consultant shall provide these services at the time, place, and in the manner specified in Attachment I, subject to the direction of the City through its staff that may be provided from time to time. Performance of the previous evaluation services is sometimes referred to herein as "the Project."
2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Consultant's services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than April 30, 2024. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.
4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed SEVENTY FIVE THOUSAND DOLLARS ($75 ,000.00).
Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.
ATTACHMENT 1
5. Method of Payment. Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were perfo1med, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. Payments may be delayed by City if Consultant fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the te1m of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the patties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without the City's prior written authorization.
7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days' prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of te1mination upon submittal of an invoice for same.
8. Ownership of Documents; Confidentiality.
A. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.
B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written infonnation, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City's prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City's prior written consent.
ATTACHMENT 1
9. Consultant's Books and Records.
A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.
B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon vvritten request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement.
D. Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any paity authorized by Consultant, Consultant's representatives, or Consultant's successor-ininterest.
10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.
11. Interest of Consultant.
A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the perfo1mance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.
B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) will conduct research and arrive at conclusions with respect to its rendition of infmmation, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
ATTACHMENT 1
(2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant.
A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.
Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
B. The primary provider of the services required by this Agreement shall be Dewbe1ry I Drake Haglan. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City's prior written consent.
13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, pe1mits, insurance, and approvals that are legally required of Consultant to practice its profession.
15. Indemnification and Hold Haimless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant's performance of this Agreement, or Consultant's failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.
16. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Attachment
4. Other insurance provisions can be found below:
B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with ATTACHMENT 1
respect to liability arising out of work perf01med by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. ( 4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers. (6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.
Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set fo1ih below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
Ifto City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: Alfredo Mijango
ATTACHMENT 1
Ifto Consultant: Dewberry Engineers
903 W. Center St. Suite 1
Manteca,' CA 95337
Attention: Matt Satow
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.
Nothing in this Agreement. shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.
21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each patty shall have the option to strike two of the five ATTACHMENT 1
mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each paiiy.
28. Prohibited Interests.
A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or tennination.
30. Precedence. In case of conflict between Consultant's Proposal, Schedule of Activities, and Scope of Services dated April 5th 2021 and this Agreement, this Agreement shall take precedence over Consultant's proposal, schedule of activities, and scope of services.
ATTACHMENT 1
This Space Purposely Left Blank
ATTACHMENT 1
TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page I above.
CITY OF MANTECA:
bisa BlaelcA10B, M. Gi. H<AY-tlU\
/\sting City Manager
\ntt.V1m
ATTEST:
Cart;;. Candini-Tilton,
Director of Legislative Services
ERSIGNED:
COUNTERSIGNED:
A?r/Wt
Aaron Slater,
CONSULTANT:
Dewberry Engineers Inc.
(1)1pe name ofConsultont '.f<mn cfmganizatinn)'
By !\/\.! (Sl~'?'WfUre)
(Matt Smm1', Vice l'resicle111)
By:
(Sif!nature) .
(l)'JX: name and title)
Address:
Dewberry I Drake Haglan
11060 White Rock Road
Suite 200, Rancho Cordova CA 95670
Director of Employee Services & Engagement
Telephone: 916-231-0971
L. David Nefouse.
City Attomey
ATTACHMENT 1
ATTACHMENT 1
REQUEST FOR PROPOSAL
11 ATTACHMENT 1
Attachment 1
CITY OF MANTECA
April 5, 2021
Dewberry I Drake Raglan
903 W. Center St. Suite 1
Manteca Ca 95337
Stockton, CA 95206-1722
Attn: Matt Satow, PE
ENGINEERING DEPARTMENT
SUBJECT: Proposal to Provide Project Management and Engineering Support Services Dear Matt Satow, PE,
Per our phone conversation on April 5, the Engineering department is requesting a proposal for staff augmentation services for Project Management and Engineering Support Services. The areas of needed staff augmentation are sewer, water, transportation, Capital Improvement projects and general engineering tasks. The fee should be on time and materials basis with not to exceed amount.
If you have any questions call 209-456-8422.
Sincerely,
Alfredo Mijango
Assistant Engineer
City of Manteca - Engineering
1001 W. CENTER ST. MANTECA, CA 95337 (209) 456-8400 FAX (209) 923-8956 ATTACHMENT 1
ATTACHMENT 2
CONSULTANT'S PROPOSAL
12 ATTACHMENT 1
~!f ; Dewberry drak
April 5, 2021
Mr. Alfredo Mijango
City of Manteca Public Works
1001 W. Center St.
Manteca, CA 95337
Attachment 2
Primary Contact: Matt Satow, PE
Address: Dewberry I Drake Haglan
903 W. Center St., Suite 1
Manteca, CA 95337
Mobile: (209) 707-3330
E-Mail: [email protected]
Subject: Proposal to Provide Project Management and Engineering Support Services Dear Mr. Mijango,
Thank you for the opportunity to prepare this letter proposal to provide Project Management and Engineering Support Services in support of the City's water, sewer and transportation projects.
Understanding:
Dewberry I Drake Haglan (DOH) understands that the City of Manteca has a number of water, sewer and transportation projects identified in their Capital Improvement Program (CIP) and needs immediate assistance with project management, planning, engineering and construction support for the Cl P projects.
The DOH team brings extensive experience with providing public agency staff augmentation and engineering support services. DOH currently serves in this capacity for the San Joaquin Council of Governments, Calaveras County, the City of Angels Camp and the Calaveras Council of Governments.
As the engineering support tasks and level of effort have not been fully defined, we propose to start this contract on a time and materials basis with a not-to-exceed amount of $75,000. I have attached the rates for DOH staff that will be used for this contact as an attachment to this letter. The scope and level of effort for the engineering support would be mutually agreed upon between the City and DOH prior to starting any work.
Fee:
• On a Time and Materials basis with a Not to Exceed amount of $75,000.
Schedule:
• To be mutually agreed upon as specific tasks are identified.
Please let me know if you have any questions about this proposal and thank you again for the opportunity to serve the City of Manteca.
I
Sincerely,
ry I DRAKE HAGLAN
Matt Satow,
~k P.E.
Vice President
ATTACHMENT 1
2020/21 SCHEDULE OF FEES Attachment 2
9 Dewberry·: drake
NAME OR CLASSIFICATION 2020 CLASSIFICATION
BILLING BILLING RATE
PRINCIPAL $260 $ 298 $ ..
322 OTHER DIRECT COSTS
PROJECT MANAGER $220 $ 273 $ 307 DESCRIPTION OF ITEM C()ST ENGINEER VIII $260 $ 236 - $ 284 ; Personal Vehicle Mileage see note 1 ENGINEER VII $235 $ 215 $ 256 : Overnight Mail Service Actual ENGINEER VI $210 $ 193 $ 228
ENGINEER V $185 $ 171 $ 199 '·
ENGINEER IV $165 $ 145 $ 185 .NOTES:
ENGINEER Ill $145 $ 125 $ 165 i 1. Pre-approved travel and per-diem costs will ENGINEER II $130 $ 110 $ 151 be reimbursed in conformance with the current ENGINEER I $115 $ 97 $ 134 i Department of Transportation Travel and TECHNICAL VI $155 $ 145 $ 165
TECHNICAL V $135 $ 125 $ 145 i Expense Guide for Consultants. No charge will TECHNICAL IV $125 $ 114 $ 137 i be invoiced for employee relocation cost.
TECHNICAL Ill $110 $ 101 $ 120 I
TECHNICAL II $95 $ 88 $ 103 ) 2. Classifictions identified with ** are subject ta TECHNICAL I $80 $ 66 $ 94 !prevailing wage.
CADD TECHNICIAN V $170 $ 141 $ 199
CADD TECHNICIAN IV $140 $ 138 $ 142 13. Rates subject ta an annual escalation of CADD TECHNICIAN Ill $120 $ 101 $ 140 !3.5%to be approved in writing by the Director of CADD TECHNICIAN II $100 $ 91 - $ 110 CADD TECHNICIAN I $80 $ 69 - $ 91 ! Engineering.
DESIGNER VI $200 $ 190 $ 211 I
DESIGNER V $180 $ 170 $ 191
DESIGNER IV $160 $ 150 $ 171
DESIGNER Ill $145 $ 137 $ 154
DESIGNER II $125 $ 114 $ 137
DESIGNER I $105 $ 96 - $ 114
PROFESSIONAL VII $205 $ 194 $ 216
PROFESSIONAL VI $185 $ 174 - $ 196
PROFESSIONAL V $170 $ 161 $ 179
PROFESSIONAL IV $155 $ 145 - $ 165
PROFESSIONAL Ill $135 $ 125 $ 145
PROFESSIONAL II $115 $ 105 $ 125
PROFESSIONAL I $95 $ 85 $ 106
CONSTRUCTION PROFESSIONAL VII $280 $ 295 $ 327
CONSTRUCTION PROFESSIONAL VI $255 $ 268 $ 299
CONSTRUCTION PROFESSIONAL V $220 $ 221 $ 267
CONSTRUCTION PROFESSIONAL IV $195 $ 205 - $ 228
CONSTRUCTION PROFESSIONAL Ill $175 $ 184 - $ 205
CONSTRUCTION PROFESSIONAL II $155 $ 159 $ 185
CONSTRUCTION PROFESSIONAL I $130 $ 129 $ 159
INSPECTOR VII * * $200 $ 208 $ 236
INSPECTOR VI** $180 $ 186 $ 213
INSPECTOR V * * $165 $ 176 $ 191
INSPECTOR IV** $150 $ 157 $ 177
INSPECTOR Ill** $130 $ 132 $ 157
INSPECTOR 11 ** $110 $ 111 - $ 134
INSPECTOR I ** $90 $ 89 $ 111
ADMIN PROFESSIONAL V $165 $ 154 $ 177
ADMIN PROFESSIONAL IV $150 $ 141 $ 159
ADMIN PROFESSIONAL Ill $125 $ 111 - $ 140
ADMIN ASSISTANT II $100 $ 89 $ 111
ADMIN ASSISTANT I $85 $ 79 $ 91
GEOGRAPHER/GIS IX $240 $ 227 $ 253
GEOGRAPHER/GIS VIII $210 $ 199 $ 222
GEOGRAPHER/GIS VII $190 $ 179 $ 202
GEOGRAPHER/GIS VI $160 $ 149 $ 172
GEOGRAPHER/GIS V $145 $ 134 $ 157
GEOGRAPHER/GI$ IV $130 $ 119 $ 142
GEOGRAPHER/GI$ Ill $115 $ 104 $ 127
GEOGRAPHER/GI$ II $100 $ 89 $ 112
GEOGRAPHER/GIS I $90 $ 81 $ 99
ARCHITECT IX $230 $ 219 $ 242
ARCHITECT VIII $210 $ 201 $ 219
ARCHITECT VII $195 $ 188 $ 202
ARCHITECT VI $175 $ 163 $ 188
ARCHITECTV $155 $ 148 $ 162
ARCHITECT IV $140 $ 132 $ 148
ARCHITECT Ill $120 $ 109 $ 131
ARCHITECT II $105 $ 99 $ 111
ARCHITECT I $92 $ 85 $ 100
ATTACHMENT 1
ATTACHMENT 3
SCHEDULE OF ACTIVITIES
Project Management and Engineering Support Services for staff augmentation:
April 2021 through April 2024
ATTACHMENT 1
ATTACHMENT 4
INSURANCE
ATTACHMENT 1
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 04/16/2021
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 CONTACT Molly Koch
MARSH USA, INC. NAME:
r.~~NJn "·'" 202-263-6732 I FAX 1050 CONNECTICUT AVENUE, SUITE 700 IAIC Nol:
WASHINGTON, DC 20036-5386 E-MAIL [email protected] ADDRESS:
INSURER{Sl AFFORDING COVERAGE NAIC#
CN102736896-7/1-1.1 CA-20-21 GAWP INSURER A: Travelers Prooertv Casuallv Co. Of America 25674 INSURED INSURER B : N/A N/A DEWBERRY ENGINEERS, INC.
OBA DEWBERRY I DRAKE HAGLAN INSURER c : Travelers lndemnitv Comoanv 25658 903 WEST CENTER STREET, SUITE 1 INSURER D : Beazlev Insurance Comoanv. Inc. 37540 MANTECA, CA 95337 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: CLE-006712558-01 REVISION NUMBER: 2
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 TYPE OF INSURANCE ADDL SUBR POLICY EFF LTR ,.,on "'n<n POLICY NUMBER IMM/DD/YYYYI ,~gr.~%~1 LIMITS A x COMMERCIAL GENERAL LIABILITY x x 630-7792B312-COF-20 07/01/2020 07/01/2021 EACH OCCURRENCE $ 1,000,000 ,__ D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED ,__ PREMISES (Ea occurrence I $ 1,000,000
x CONTRACTUAL INS. COV. MED EXP (Any one person) $ 10,000 r-- r-- (INSURED CONTRACTS) PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 Pl POLICY DPRO- DLOC 2,000,000 JECT PRODUCTS - COMP/OP AGG $ OTHER: $
c ~
AUTOMOBILE LIABILITY x x 810-1N788974-20-43-G 07/01/2020 07/01/2021 &~~~~~d~~ti'INGLE LIMIT $ 2,000,000 x ANY AUTO BODILY INJURY (Per person) $
- OWNED - SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ - - HIRED NON-OWNED AUTOS ONLY AUTOS ONLY fp~?~~~~RAMAGE $ - - COMP I COLL OED: $ 1,000 UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $
A WORKERS COMPENSATION x UB-6P972264-20-43-G Ul/Ul/LULU 07/01/2021 x I ~f~TUTE I I OTHAND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 1,000,000 0 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D PROFESSIONAL LIABILITY V11 B5E201101 07/01/2020 07/01/2021 PER CLAIM/AGGREGATE 5,000,000 RETRO. DA TE: FULL PRIOR ACTS SIR 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: DEWBERRY PROJECT/JOB/PLN # 50139263, BU2320, ENGINEERING AND PROJECT MANAGEMENT STAFF AUGMENTATION "'PLEASE SEE ADDITIONAL PAGE FOR NOTICE OF CANCELLATION*"
CERTIFICATE HOLDER CANCELLATION
CITY OF MANTECA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1001 WEST CENTER STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MANTECA, CA 95337 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
I Manashi Mukherjee
© 1988-2016 ACORD
~~
CORPORATION.
....... ~
All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ATTACHMENT 1
AGENCY CUSTOMER ID: ~~~~~~~~~~~~~~~~~~~~-
CN102736896
LO C #: Washington
ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY NAMED INSURED
MARSH USA, INC. DEWBERRY ENGINEERS, INC.
OBA DEWBERRY I DRAKE HAGLAN
POLICY NUMBER 903 WEST CENTER STREET, SUITE 1
MANTECA, CA 95337
CARRIER I NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance
CITY OF MANTECA, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY AND AUTOMOBILE LIABILITY. THE GENERAL AND AUTO LIABILITY INSURANCE IS PRIMARY AND NON-CONTRIBUTORY OVER ANY EXISTING INSURANCE AND LIMITED TO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IS APPLICABLE WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECTS TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION. PER PROJECT AGGREGATE FOR GENERAL LIABILITY APPLIES WHEN SPECIFICALLY REQUIRED BY WRITTEN CONTRACT. AS RESPECTS THE GENERAL LIABILITY, AUTOMOBILE LIABILITY, AND WORKERS' COMPENSATION COVERAGES EVIDENCED ABOVE, NOTICE OF CANCELLATION Will BE PROVIDED BY THE INSURER(S) TO THE CERTIFICATE HOLDER PER THE ATTACHED AS REQUIRED BY WRITTEN CONTRACT. AS RESPECTS THE PRIMARY
LA YER ONLY OF THE PROFESSIONAL LIABILITY COVERAGE EVIDENCED ABOVE, IF THIS POLICY IS CANCELLED BYTHE INSURER, OTHER THAN FOR NON-PAYMENT OF PREMIUM, THE INSURER Will PROVIDE 30 DAYS WRITTEN NOTICE TO CERTIFICATE HOLDER ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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630-77928312-COF-20 COMMERCIAL GENERAL LIABILITY
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 IS
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 liability required by the
"written contract requiring insurance", the insurance provided to the additional insured shall be Ii mited to the limits of liability required
by that "written contract requiring insurance".
This endorsement shall not increase the Ii mils
of insurance described in Section Ill - 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 "productscompleted 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 injury" 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 pol icy period.
whichever is earlier.
2. The following is added to Paragraph 4.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY 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 basis, that is available to the additional insured for a loss we cover. However, if 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 - COM·
MERCIAL GENERAL LIABILITY CONDITIONS:
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 Travelers Companies, Inc. Page 1 of 2 ATTACHMENT 1
COMMERCIAL GENERAL LIABILITY
I. How, when and where the "occurrence"
or offense took place;
ii. The names and addresses of any injured
persons and witnesses: and
ill. The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
the additional insured, the additional insured
must:
i. Immediately record the specifics of the
claim or "suit" and the date received; and
ii. 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 claim 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 claim or "suit" to 630-77928312-COF-20
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 include 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.
ATTACHMENT 1
POLICY NUMBER: 810-1N788974-20-43-G
COMMERCIAL AUTO
ISSUE DATE: 06-06-20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
VIRGINIA BLANKET CANCELLATION
AND NONRENEWAL NOTICE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTORCARRIER COVERAGE FORM
In the event of cancellation or nonrenewal or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or non renewal or material change to:
SCHEDULE
Any person or organization to whom you have agreed to under any contract or agreement that notice of cancellation or material limitation of this policy will be given, but only if:
1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured receives notice from us of the cancellation or nonrenewal or material change of this policy; and
2. We receive such written request at least 14 days before the beginning of the applicable number of days shown in this endorsement.
3. Number of days advance notice:
Cancellation for nonpayment of premium:
Cancellation other than nonpayment of premium:
Nonrenewal:
Material change:
30 Days
Days
Days
Days
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CA F2 36 0417 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
ATTACHMENT 1
POLICY NUMBER: P-630-7792B312-COF-20 ISSUE DATE: 06-20-20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - NOTICE OF
CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
CANCELLATION:
PERSON OR
ORGANIZATION:
ANY PERSON OR ORGANIZATION
(CONTINUED ON IL TS 06)
ADDRESS:
SEE IL TS 06
FAIRFAX
VA
22031
PROVISIONS:
SCHEDULE
Number of Days Notice of Cancellation: .!Q._
If we cancel this policy for any statutorily permitted
reason other than nonpayment of premium, and a
number of days is shown for cancellation in the
schedule above, we will mail notice of cancellation to
the person or organization shown in the schedule
above. We will mail such notice to the address shown
in the schedule above at least the number of days
shown for cancellation in the schedule above before
the effective date of cancellation.
IL T4 05 0311 © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 ATTACHMENT 1
POLICY NUMBER: P-630-77928312-COF-20 GENERAL PURPOSE ENDORSEMENT 'l'BIS BNDOR.SIDN'r ClWfGD TKE POLICY. PLIASE READ IT CARll'OLLY.
DBSIGNA'l'BD EN'l'ITY - HOTICB OF CAHCBLLA'l'IOH PROVIDBD BY US IL '1'4 05 03 11
THIS ENDORSBllBN'r MODIFIES IRSlJRANCE PROVIDED UNDER TBB FOLLOWING:
ALL COVIRAGB Pll'l'S INCLUDBD IN TBIS POLICY
COM'l'IN'CJA'l'ION or FORM IL T4 OS, PERSON OR ORGANIZATION:
Aft PERSON OR ORGIRIZATION TO WHOll YOU' HAVE AGRDD IN A WRIT'l'IN CONTRACT TDT NOTICE OF CANCBLLATION OP' THIS POLICY WILL BB OIVIN', BUT ON'LY IF:
1. YOU SEND US A WRIT'l'lDI RBQUEST TO PROVIDE SUCH NOTICB, IN'CLUDIRG TSE HAD
AND ADDRBSS OP' SUCH PERSON' OR
ORGANIZATION, AFTER TBB FIRST NAMED INSURED SBOWH IN 'l'BE DBCI.AllATIOHS RBCEIVES
NOTICE FROM OS OF THB
CANCELLATION or TIIS POLICI; Am>
2. WI RBCBIVE SVCB WRITTID'I RBQO'BST AT LBAST 14 DAYS BBFORB TBB BBGIIHIHG or TBI APPLICABLE HllMBER or DAYS
SBOWH IN TBIS SCBBDULB.
ADDRESS:
TllB ADDRBSS FOR THAT PBRSON OR ORGANIZATION INCLUDED IN SUCH 1'11.ITTBR RBQO'BST ll'ROM YOU' 'l'O US •
IL T8 06 Page 1
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TRAVELERft· WORKERS COMPENSATION
AND
ONE TOWER SQUARE
HARTFORD CT 06183
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 06 R4 (00) • 001
POLICY NUMBER: UB-6P972264-20-43-G
NOTICE OF CANCELLATION OR NONRENEWAL
TO DESIGNATED PERSONS OR ORGANIZATIONS
The following is added to PART SIX - CONDITIONS :
Notice Of Cancellation Or Non renewal To Designated Persons Or Organizations If we cancel or non-renew this policy for any reason other than non-payment of premium by you. we will provide notice of such cancellation or non-renewal to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organization before the cancellation or nonrenewal is to take effect.
You are responsible for providing us with the information necessary to accurately complete the Schedule below.
If we cannot mail or deliver a notice of cancellation or nonrenewal to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation or nonrenewal.
SCHEDULE
Name and Address of Designated Persons or Organizations: Number of Days Notice:
ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NON RENEWAL OF THIS POLIC 30 Y WILL BE GIVEN, BUT ONLY IF:
1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQU
EST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS
OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NA
MED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NON RENEWAL OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE
BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT.
ADDRESS:
THE ADDRESS FOR THAT PERSON OR ORGA
NIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US.
All other terms and conditions of this policy remain unchanged.
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
Insured
Insurance Company
DATE OF ISSUE: 06-06-20
Policy No.
Countersigned by
ST ASSIGN:
© 2013 The Travelers Indemnity Company. All rights reserved.
Endorsement No.
Premium$
ATTACHMENT 1
NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES
ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW
YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE
FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF
THE NEW YORK INSURANCE LAW AND REGULATIONS.
Effective date of this Endorsement: 01.Jul-2020
This Endorsement I• attached to and forms a part of Polley Nwnber: V11B5E201101 Beazley Insurance Company, Inc. referred to In this andorumant as either the "Insurer" or the "Underwriters"
DEWBERRY NOTICE OF CANCELlATION TO CERTIFICATE HOLDER
This .endorsement modifies insurance provided under the following:
ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY INSURANCE POLICY In consideration of the premium charged for the Policy, it is hereby understood and agreed that in addition to the provisions of the Cancellation section cf the Conditions, if this policy is cancelled by us, other than for non-payment of premium, we will provide 30 days written notice to the following party(ies):
As per list to be provided by the Named Insured or its Broker of Record.
All other terms end aonditions of this Policy remain unchanged. ' ' ""'--·
AuthortZed Representative _:,·
EDB005NYFTZ
032011 ed.
Class Code: 2-14180
..
I
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