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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this I V--day of Nlh , 20, by and between the CITY OF MANTECA, a public body, corporate and politic ity") and HERWIT ENGINEERING, a California 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, certification, 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 perform the Engineering Design services described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated 3/ 4/ 2022, and attached hereto as Attachment 1.
Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the Engineering Design services is sometimes referred to herein as " the Project."
2. Work Through Cit. S
taff. 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 ofActivities, attached hereto as Attachment 1. All work shall be completed no later than 12/ 31/ 2022. 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 FIFTY THOUSAND DOLLARS ($ 50, 000). Payment by City under this Agreement shall not be deemed a waiver of any defects, even ifthose defects were known to the City at the time of payment.
1 ATTACHMENT 3
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 performed, 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 ofActivities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term 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 parties 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 termination 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 information, 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.
2 ATTACHMENT 3
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 ofthis Agreement.
An C. Y 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 written 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 party 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 ofthe 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 performance 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 information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and
3 ATTACHMENT 3
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 A list of other individuals assigned to the Project will be provided to City for its VA4ew 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, permits, insurance, and approvals that are legally required of Consultant to practice its profession.
15. Indemnification and Hold Harmless. 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
2. 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 4 ATTACHMENT 3
respect to liability arising out of work performed 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 ofthe 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 forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: Peni Basalusalu
5 ATTACHMENT 3
If to Consultant: HERWIT ENGINEERING
6200 Center St. Suite 310
Clayton, CA 94517
Attention: Gregory Harris, P. E
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 party shall have the option to strike two of the five 6 ATTACHMENT 3
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 party.
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 EmploMent. 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 termination.
30. Precedence. In case of conflict between Consultant' s Proposal/ Consultant' s attachments and the City' s Agreement/ City' s attachments, the City' s Agreement and City' s attachments shall take precedence over Consultant' s proposal/ Consultant' s attachments. 7 ATTACHMENT 3
This Space Purposely Left Blank
8 ATTACHMENT 3
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 1 above.
CITY OF MANTECA: CONSULTANT:
Type name of Consultant1form of organization)"
ATTEST: By:
Sig ure
Cassan
O) r
a Candini- Tilton, Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: N:LZL
Sig a u
a. Y
et H n, Type' nathJ and title)
Director of Finance
COUNTERSIGNED: Address: S`fiE 13/ 6
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Cuff O-A 99:517
Dawn ortesi,
Acting Director of Human Resources Telephone: 659 1'
APPRO AS TO FORM:
77 L. D id Nefouse,
City Attorney
9 ATTACHMENT 3
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0 ATTACHMENT 3
HERWITR I M 6
City of Manteca
Lovelace Transfer Facility F2E/ Food Waste Processing Facility Project
SCOPE OF SERVICES
This Scope of Services( attachment 2) is incorporated into and made part of the Agreement for Consultant Services(" Agreement") entered into by City of Manteca and HERWIT Engineering as of 2022.
TASK ITEMS
Task 1 — Engineering Design Services— Lovelace
A. Conduct site visit needed for detailed design.
B. Update drawings and specifications for City of Manteca Lovelace Transfer Facility F2E/ Food Waste Processing Facility dated March 2016 to incorporate changes proposed by City of Manteca, Draft Food Waste Processing Operational Procedures dated September 20, 2020 with revised layout drawing dated 11- 8- 2021.
C. Prepare MCC Equipment Procurement Package for bidding the MCC Equipment.
D. Prepare 100% Plans and Specifications for public bidding of the Lovelace Food Waste Improvement Project. Design elements to be included are as follows:
1. Installation of mechanical equipment will be by the Equipment Supplier. Public bid contract will include the following elements.
a. Electrical MCC
b. Electrical distribution to individual motors and equipment.
C. Water supply to the equipment.
d. Bio- slurry pipe from Vendor supplied pump to location oftrailer loading. e. Install 4" valve on storm drain line service truck loading area.
2. Installation of new MCC 4A to power new equipment. This MCC will be fed from an existing breaker at the main switchboard with conductors utilizing existing duct banks and conduits 402 and 402A designated for " future recycling equipment".
3. Water piping for wash water and equipment.
4. Pump discharge piping and support system to load bio- slurry into roll offs or trailers. trailers provided by the City of Manteca.
D. Preliminary approximate layout as indicated in attached layout drawing date 11- 8- 2021.
E. Prepare and submit 90% submittal for review and comment by the City Public Works, and County/ City Building Department if required.
F. Incorporate 90% comments and prepare final plans and specifications for bidding.
G. Attend 2 meetings at the County.
H. Provide one half size sets of plans and specifications bound for office copy for bidding, a pdf copy of plans and specifications, and a Word and Autocad copy of plans and specifications.
I. Assist City with bidding process, including:
Manteca- Love Lace ReDesign- Exhibit R- Hervvit Scope- 3- 4- 22. doc I of 4 HERWIT ENGINEERING March 4, 2022
6200 Center Street, Suite 310, Clayton, CA 94517
PHN( 925) 672. 6599
FAX( 925) 672- 6051
WWW. HERWIT. com
ATTACHMENT 3
1. Attend pre- bid meeting and job walk for project.
2. Answer questions during bidding and prepare project addenda as needed to bid project.
3. Provide PDF and Autocad copies of the design documents.
Task 2— Engineering Services During Construction
A. Preparation of Conformed Documents.
B. Review shop drawings.
C. Answer project Requests for Information (RFI' s) and other project coordination.
D. Prepare technical portion of change orders to be issued by the Construction Manager.
E. Conduct weekly specialty site inspections concurrent with progress meetings.
F. Conduct final inspection for acceptance.
G. Assist with startup and testing of the facilities.
H. Preparation of Record Drawings.
ASSUMPTIONS
A. Scott Company " Mega Thor" equipment package to be installed by equipment supplier.
B. All fees for all permits and applications shall be paid by City.
C. All project approvals will be obtained by City.
D. The Separation and MCC equipment will be sole sourced and purchased by the City and installed by the general contractor.
E. System control will be provided as part of the Vendor equipment package.
F. Facility layout will be similar to the preliminary layout provided in attached drawing dated 11- 8- 2021
G. HERWIT will not perform daily inspection and site supervision or construction management.
HERWIT will inspect key elements ofthe project concurrent with progress meetings to verify compliance with the construction documents.
WORK ITEMS NOT INCLUDED IN SCOPE
The following items are not included in this scope of work. It is our understanding that the following items that may be necessary for completion of the project are contracted to others as identified below.
A. Surveying and Photometric/ Topographic background of the existing facility are not included in this scope of services.
B. Geotechnical services are not included in this scope of services C. Permitting is not included in this scope of services.
D. Full specifications for competitive bid of" equal" solids handling equipment is not included in this scope of services.
E. Civil/ Site work modifications outside of buildings are not included in this scope of services.
F. Material testing is not included in this scope of services.
G. Construction Management and daily construction inspection are not included in this scope of services.
H. SCADA design, SCADA programming, or SCADA construction are not included in this scope of services.
Manteca- Love Lace ReDesign- Exhibit B- Hemit Scope- 3- 4- 22. doc 2 of 4 HERWIT ENGINEERING March 4, 2022
6200 Center Street, Suite 310, Clayton, CA 94517
PHN( 925) 672- 6599
FAX( 925) 672- 6051
WWW. HERWIT. com
ATTACHMENT 3
MISCELLANEOUS
There will be several subconsultants working under HERWIT Engineering to complete this project. These subconsultants and areas of responsibility are as follows.
A. Electrical Engineering, Arostegui Engineers, Leonel Arostegui B. Structural Design, CAPSTONE Structural Engineering, Steve Stoll C. Solid Waste Coordination, International Engineering Services, Larry Buckle
SCHEDULE
HERWIT Engineering will begin immediately upon authorization of the Contract.
Item Description Date
Notice to Proceed March 15, 2022
90% Submittal to County Agencies May 15, 2022
Complete Design June 15, 2022
The schedule assumes a 2- week review period by City and County at each submittal.
FEE
HERWIT Engineering g g will complete P tasks identified below on a Lumpp Sum Not to Exceed Basis.
The costs for all subconsultants are included in these costs. Subconsultant costs will be broken out separately on all invoices. Because ofthe variability in estimating the workload between tasks and subconsultants for a project ofthis size, the subconsultant' s costs are an approximate breakdown and budget assignments may be moved between subconsultants and the Prime Consultant as needed as long as the total project cost is not exceeded.
Task 1 - Engineering Design Services— Lovelace 42, 428
Task 2 - Engineering Services During Construction 44, 744 TOTAL 87, 172
Manteca- Love Lace ReDesign- Exhibit B- Hemit Scope- 34- 22. doc 3 of 4 HERWIT ENGINEERING March 4, 2022
6200 Center Street, Suite 310, Clayton, CA 95517
PHN( 925) 672- 6599
FAX( 925) 672- 6051
WWW. HERWIT. com
ATTACHMENT 3
tee° Lovelace Transfer Station
TIPPI G/SORTINC
FLOOR
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Food Y. aszc Posh Wall Not to Scale
I ( Off
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Roll Track with Box or Tank
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MSW Residue Bin
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Revised Layout 11- 8- 2021
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11 Manteca- Love Lace ReDesign- Exhibit B- Herwit Scope- 3- 4- 22. doc 4 of 4 HERWIT ENGINEERING March 4, 2022
6200 Center Street, Suite 310, Clayton, CA 94517
PHN( 925) 672- 6599
FAX( 925) 672-' 05 1
WWW. HERWIT. com
ATTACHMENT 3
City of Manteca
Lovelace Transfer Facility
F2E/ Food Waste Processing Facility
HERWfT Engineering Cost Estimate
Staff Hours at Indicated Rate
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Task 1 Redesign Services a W to W rn rn W 0 w rn 0 0 x 0 0 w 244 215 165 160 110
Design Services Items A- H
1 Civil& Mechanical Design, Coordination, etc. 40 40 13, 000 13, 000 2 Structural Design 4 6 1, 740 1. 280 3. 020
3 Electrical Design 8 32 5, 240 5, 400 10, 640
4 Electrical MCC Procurement Package 16 3, 440 3. 440
5 Prepare and Print 90% Submittals 8 8 2, 600 2, 600
6 Meetings( Total of 2) 12 2, 580 2, 580
7 Final Printing( 1 half size Plans and Specs) 4 4 1, 300 1. 300 8 Bidding 16 3, 440 3,440
9 Conformed Drawings 4 8 1, 740 1. 740
Markup on Subs 668 668
Subtotal 100% Engineering Services 112 100 35, 080 7, 348 42, 428 Staff Hours at Indicated Rate
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Task 2 COnStfUCtlOn SE' NICES a W to W rn < n w 0 w rn 0 0 x 0 0 to 244 215 165 160 110
Design Services Items A- H
1 Review Shop Drawings/ Coordinate Equipment 32 6, 880 1. 280 8, 160 2 Answer RFIs 16 3, 440 1. 280 4. 720
3 Prepare Change Orders 16 4 3, 880 3.880
4 Conduct Site Inspections( 6hr/ d, 1d/ wk16 wktotal const) 96 20, 640 500 $ 21, 140 5 Conduct Final Inspection and Acceptance 12 2, 580 1. 280 3, 860 6 Prepare Record Drawings 8 8 2, 600 2. 600
Markup on Subs 384 384
Subtotal 100% Design Services 180 12 40. 020 4. 224 500 $ 44. 744 Manteca- Lovelace ReDesgn- Eng Cost Estimate- 3- 4- 22 bs COST- 100% 3J4, 2022 4 23 PM ATTACHMENT 3
A` ORV CERTIFICATE OF LIABILITY INSURANCE
DATE/
12/2021
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 Willis Towers Watson Certificate Center NAME:
Willie Towers Watson Midwest, Inc. PHONE
1- 677- 945- 7378
FAX 1- 888- 467- 2378
c/ o 26 Century Blvd 0. A/ C No):
E- MAIL
P. O. Box 305191 ADDRESS: certificates@willis. com
Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIC# INSURERA: Citizens Insurance Company of America 31534
INSURED INSURERB: Liberty Insurance Underwriters Inc 19917 Berwit Engineering
6200 Center Street, Suite 310 INSURERC:
Clayton, CA 94517 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: W20910242 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
TYPE OF INSURANCE
ADDL SUBR POLICY EFF POLICY EXP
LTR POLICY NUMBER MM/ DD/ YYYY MM/ DDIYYYY LIMBS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 11000, 000
CLAIMS- MADE FK OCCUR
DAM MA SES Ea occunenceET RENTED $
300, 000 I
A
MED EXP( Any one person) $ 10, 000
y y
OBCA593689 06/ 01/ 2021 06/ 01/ 2022 PERSONAL 11000, 000 8 ADV INJURY $ GEN' LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 POLICY jRa LOC PRODUCTS- COMP/ OPAGG $ 2, 000, 000
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1, 000, 000 Ea accident ANY AUTO BODILY INJURY( Per person) $
A OWNED SCHEDULED Y OBCAS93689 06/ 01/ 2021 06/ 01/ 2022 BODILY INJURY( Per accident) $ AUTOS ONLY AUTOS X
HIRED ENON- OWNED PROPER, 1 DAMAGE
AUTOS ONLYAUTOS ONLY Per accident
A
X UMBRELLALIAB X OCCUR EACH OCCURRENCE is 1, 000, 000
EXCESS UAB CLAIMS- MADE OBCA593689 06/ 01/ 2021 06/ 01/ 2022 AGGREGATE 1, 000, 000 DED I I RETENTION$
WORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITY YIN
STATUTE I I ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE El NIA
E. L. EACH ACCIDENT $
OFFICER/ MEMBER EXCLUDED?
Mandatory In NH) E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ B Professional Liability AEXNYABREM2003 06/ 01/ 2021 06/ 01/ 2022 Per Claim 2, 000, 000 Aggregate 4, 000, 000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Manteca, its officers, officials, employees, agents and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability.
General Liability and Auto Liability policies shall be Primary and Non- contributory with any other insurance in force for or which may be purchased by Additional Insureds.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Manteca
AUTHORIZED REPRESENTATIVE
Attn: Mrs. Elba Mijango
Manteca,
1001 W. Center
CA 95337Street
1988- 2016 ACORD CORPORATION. All rights reserved.
ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD SR ID: 21087757 BATCH: 2091168
ATTACHMENT 3
AGENCY CUSTOMER ID:
LOC#:
ADDITIONAL REMARKS SCHEDULE Page 2 Of 2
AGENCY NAMED INSURED
Willis Herwit Engineering Towers Watson Midwest, Inc.
6200 Center Street, Suite 310
POLICY NUMBER Clayton, CA 94517
See Page 1
CARRIER NAIC CODE
See Page 1 See Page 1 EFFECTIVE DATE: See Page 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE: Certificate of Liability Insurance Waiver of Subrogation applies in favor of City of Manteca, its officers, officials, employees, agents and volunteers with respects to General Liability.
ACORD 101 ( 2008/ 01) 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SR ID: 21087757 BATCH: 2091168 CERT: W20910242
ATTACHMENT 3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
A. Additional Insured by Contract, Agreement or c. This provision does not apply:
Permit 1) Unless the written contract or written
The following is added to SECTION II — agreement was executed or permit was LIABILITY, C. Who Is An Insured: issued prior to the" bodily injury", " property Additional Insured by Contract, Agreement or
damage", or " personal injury and
Permit advertising injury".
a. Any person or organization with whom 2) To any person or organization included as g om you agreed in a written contract, written agreement an insured by another endorsement or permit that such person or organization to issued by us and made part of this add as an additional insured on your policy is Coverage Part. an additional insured only with respect to 3) To any lessor of equipment:
liability for " bodily injury", " property damage", a) After the equipment lease expires; or or" personal and advertising injury" caused, in
whole or in part, by your acts or omissions, or
b) If the " bodily injury", " property
the acts or omissions of those acting on your damage", or" personal and advertising behalf, but only with respect to: injury" arises out of sole negligence of 1) " Your work" for the additional insured( s)
the lessor
designated in the contract, agreement or 4) To any:
permit including" bodily injury" or" property a) Owners or other interests from whom damage" included in the " products — land has been leased if the completed operations hazard" only if this occurrence" or offense takes place or Coverage Part provides such coverage. the offense is committed after the 2) Premises you own, rent, lease or occupy;
lease for the land expires; or
or b) Managers or lessors of premises if:
3) Your maintenance, operation or use of i) The " occurrence" takes place or equipment leased to you. the offense is committed after you b. The insurance afforded to such additional cease to be a tenant in that insured described above: premises; or
1) Only applies to the extent permitted by i1) The " bodily injury", " property law; and damage", " personal injury" or
2) Will not be broader than the insurance advertising injury" which
additional
agreement
you
insured.
are
or permit
required
to
by
provide
the contract,
for such performed
struction
manager
or
or
alterations,
by
demolition
lessor.
or on
arises
behalf
operations
new
out
of
contheo
3) Applies on a primary basis if that is 5) To " bodily injury", " property damage" or required by the written contract, written personal and advertising injury" arising agreement or permit. out of the rendering of or the failure to 4) Will not be broader than coverage render any professional services. provided to any other insured. This exclusion applies even if the claims 5) Does not apply if the " bodily injury", against any insured allege negligence or property damage" or " personal and other wrongdoing in the supervision, advertising injury" is otherwise excluded hiring, employment, training or monitoring from coverage under this Coverage Part, of others by that insured, if the including any endorsements thereto. occurrence" which caused the " bodily 391- 1586 08 16 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 1 of 2 ATTACHMENT 3
injury" or" property damage" or the offense The following changes are made to SECTION II — which caused the " personal and LIABILITY:
advertising injury" involved the rendering 1. The following is added to SECTION II — of or failure to render any professional LIABILITY, D. Liability and Medical services by or for you. Expenses Limits of Insurance, paragraph 4:
d. With respect to the insurance afforded to The Aggregate Limits of Insurance apply these additional insureds, the following is separately to each of" your projects" or each added to SECTION II — LIABILITY, D. location" listed in the Declarations.
Liability and Medical Expense Limits of
Insurance: 2. For the purpose of coverage provided by this The most we will pay on behalf of the
endorsement only, the following is added to
additional insured for a covered claim is the
SECTION II — LIABILITY, F. Liability And
Medical Expenses Definitions:
lesser of the amount of insurance:
1. Required by the contract, agreement or
1. " Your project' means:
permit described in Paragraph a.; or
a. Any premises, site or" location" at, on,
2. Available under the applicable Limits of
or in which " your work" is not yet
Insurance shown in the Declarations.
completed; and
This endorsement shall not increase the
b. Does not include any " location" listed
applicable Limits of Insurance shown in the
in the Declarations.
Declarations 2. " Location" means premises involving the B. Aggregate Limits of Insurance per Project or
same or connecting lots, or premises
per Location whose connection is interrupted only by a
street, roadway, waterway or right- of-way
of a railroad.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391- 1586 08 16 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 2 of 2 ATTACHMENT 3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE*
Name Of Person Or Organization:
WHERE REQUIRED BY WRITTEN CONTRACT
Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations.
Paragraph K. Transfer Of Rights Of Recovery
Against Others To Us in Section III - Common Policy Conditions is amended by the addition of the following:
We waive any right of recovery we may have
against the person or organization shown in the
Schedule above because of payments we make for
injury or damage arising out of your ongoing operations or " your work" done under a contract with that person or organization and included in the
products- completed operations hazard". This
waiver applies only to the person or organization
shown in the Schedule above.
BP 04 97 07 02 Copyright, ISO Properties, Inc., 2001 Page 1 of 1 ATTACHMENT 3
Liberty_
Design and Data InsureT11 Polic
International
g Y Undenvritcrs.
LIBERTY INSURANCE UNDERWRITERS INC.
A Stock Insurance Company, hereinafter the" Company')
ENDORSEMENT NO. S
Effective Date: June 1, 20201
Policy Number: AEXNYABHE1112003
Issued To: HERWIT Engineering
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO OTHER PARTIES ENDORSEMENT
It is agreed that VII. CONDITIONS. G. Notice of Cancellation, is amended by adding the following provision:
In the event this Policy is to be canceled by you or by us, we agree to give 30 days prior notice to the party( s) listed below.
This provision does not apply if cancellation is due to non-payment of premiums to us or to a finance company authorized to cancel this Policy.
Notice to: City of Nlanteca
1001 \ X' Center Street
ianteca, CA 95337
Attention: Mr. Bret Swain
ALL OTHER TERMS& CONDITIONS OF THE POLICY REMAIN UNCHANGED LIUIAEC AER-E035( 05/ 2015)
ATTACHMENT 3