02023-94
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this 22" day of August, 2023, by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and DF Engineering, Inc., a California corporation ("Consultant").
RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
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.
City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
Scope of Services. Consultant shall perform the On-Call Civil Improvement Plan checking services described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated May 1, 2023, and attached hereto as Attachment 2. 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 On-Call Improvement Plan checking 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 December 31, 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 on an hourly basis, at the billing rates shown in Attachment 2, and 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.
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 of Activities, 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.
and other writings prepared by and fo
'onsultant, 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.
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 2 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.
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.
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 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-in- interest.
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 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:
3 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
(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.
The primary provider of the services required by this Agreement shall be David J. Hoberg, PE; Senior Project Engineer. 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, 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 claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including costs and expenses in connection therewith), arising out of Consultant's performance of this Agreement, or Consultant's failure to comply with 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:
4 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: VIl 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 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 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, vo dad, cancer, ore has be in everage of in limits except after (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.
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 5 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: Cassandra Candini-Tilton, City Clerk
If to Consultant: DF Engineering, Inc.
3421 Tully Road, Suite J
Modesto, CA 95350
Attention: Barbara J. DeLaMare-Cremer, Principal, CFO
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.
Amendments. This Agreement may be amended only by a written documen executed by both Consultant and City and approved as to form by the City Attorney ssignment and Subcontracting. The parties recognize that a substantial aducement to Citv for entering into this Agreement is the professional reputation. experienc 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.
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.
6 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 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.
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.
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.
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
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.
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:
DF Engineering, Inc.,
a California Corporation
City Managet
ATTEST: By: Barbara J. DeL aMare Cramer
Signature) 7/27/2023
Barbara J. DeLaMare-Cremer, Principal/CFO
Director of Legislative Services
By: Ecoto Thomas De la Mare
COUNTERSIGNED:
(Signature) 7-27-2023
Jared Hansen, Scott T. DeLaMare, Principal/Secretary
Acting Director of Finance
COUNTERSIGNED: Address: 3421 Tully Road, Suite J
Modesto, CA 95350
Acting Director of Human Resources Telephone: 209.529.7450 APPROVED AS TO FORM:
Danell Other
Daniella G. Green,
Assistant City Attorney
8 ATTACHMENT 1
SCOPE OF SERVICES
Provide On-Call Professional Civil Engineering Services for plan checking improvement plans involving street improvements, striping, sewer, water, storm drainage, grading, street lighting layouts, and general engineering tasks.
9 ATTACHMENT 2
CONSULTANT'S PROPOSAL
10 DF ENGINEERING, INC. - Civil Engineering & Surveying MODESTO (209) 529-7450
www.dfengineering.com
Civil Engineering
•Storm Water Drainage Design •Street Design & Improvement Plans •Low Impact Development Design & Implementation •On-Site Design & Improvement Plans •Water Service Design • Utility Research
•Sanitary Sewer/Storm Drain Lift Station Design •Parking Lot Design •Grading & Drainage Design •Project Supervision/Contract Administration Surveying Planning
•Topographic Surveys •Use Permits/Plot Plans
•Boundary Surveys •Conceptual Site Plans
•Legal Descriptions •Engineer's Estimates
•Construction Surveying •Cost Analysis
•A.L. T.A./N.S.P.S. Surveys •Preliminary Site Design & Analysis •Parcel Maps/Subdivision Maps •Planned Developments
•Lot Line Adjustments
•Easements/Rights-of-Way
•Expert Witness
SERVING THE CENTRAL VALLEY SINCE 1957
EXPERIENCE AND QUALIFICATION OF KEY PERSONNEL:
• Barbara J. DeLaMare-Cremer, CPA - Principal
• California Certified Public Accountant No. 46482, 1986 • BA Accounting, California State University, Stanislaus, 1984 Barbara has been employed with the firm since 1986 and has over 40 years of experience in project management, entitlement processing, client coordination and working with governmental agencies. Barbara became Vice President/Chief Financial Officer in 2006 and President in 2013.
Scott T. DeLaMare, LS - Principal
• California Licensed Land Surveyor No. 8078, 2005
• AA General, Modesto Junior College, 1991|
David J. Hoberg, PE - Senior Project Engineer
• California Registered Civil Engineer No. 53311, 1995
• BS Engineering, University of Redlands, 1980
• Qualified SWPPP Developer (QSD) & Qualified SWPPP Practitioner (QSP) No. 20186, 2011-2023 Dave has been employed with the firm since 1990 and has over 40 years of experience in civil design for subdivisions, commercial developments and public works projects; including earthwork, pavement structural section, retaining walls, underground piping, flow analysis for sanitary sewer, water and storm drainage systems. • Kevin J. Ellis - CAD Technician
• AS Computer Science, Modesto Junior College, 2004
Kevin started with the firm in 2014 and has over 20 years of experience in civil engineering. Kevin's experience includes subdivision development, site design, and public works projects. Kevin has extensive experience in Auto Cad Civil 3D, to generate profiles, cross-sections and volume calculations.
SUB-CONSULTANT:
• Thomas Price, Principal Surveyor; Pacific Land Surveys • California Licensed Land Surveyor No. 8920, 2012
Tom has been providing high quality Professional Land Surveying services to a wide variety of clients and sectors throughout his career. Being a second generation Land Surveyor in California's Central Valley, Tom was afforded the ability to begin practicing this profession at an early age. The early years of his career were spent in the field working on topographic, ALTA, construction, aerial control, and boundary surveys of all sizes. Tom's skill sets quickly led him to an office position where he was able to interface with both clients and field staff to ensure projects maintained positive progress. While managing field technicians, Tom was tasked with numerous roles including project management, topographic survey preparation, QA & QC, survey department standardization and survey mapping.
Tom joined the DF Engineering, Inc. project team in 2019.
DoING THE JOB RIGHT THE FIRST TIME, EVERY TIME
OP BE ENGINEERING IN 997 DELANE REAL ELANG CIVIL ENGINEERING AND SURVEYING •DAVID J. HOBERG •KEVIN J. ELLIS
Effective: May 1, 2023
DF ENGINEERING, INC.
CIVIL ENGINEERING AND SURVEYING
HOURLY RATE SCHEDULE
Land Surveyor/Survey Manager 200
Civil Engineer/Project Engineer 200
Administration/Project Management 200
Civil Engineer 150
Civil/Survey/CAD Technician 120
Land Surveyor / 1 Man Survey Crew 180
2-Man Survey Crew 275
DOING THE JOB RIGHT THE FIRST R: Administration Docs|230501_DF Eng inc NEW Hourly Rate Schedule docx Every TImE ATTACHMENT 3
SCHEDULE OF ACTIVITIES
On-Call Professional Civil Engineering Services: From the effective date of this Agreement through December 31, 2024.
11 ATTACHMENT 4
INSURANCE
EXHIBIT 1
Insurance Requirements for Professional Services
INSURANCE REQUIREMENTS
Consultants shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors.
Minimum Limits of Insurance: Coverage shall be at least as broad as:
Commercial General Liability
Commercial General Liability Insurance with $2,000,000 minimum limit for each occurrence and $4,000,000 minimum limit for general aggregate.
Commercial General Liability Additional Insured Endorsement naming the following as insured on 2001 or earlier issued endorsement forms:
"City of Manteca, its officers, officials, employees, agents, and volunteers".
Automobile Liability
If the vehicles are brought onto city facilities, covering any auto, or of Contractor has no owned autos, hired, and non-owned autos, the Contractor shall maintain automobile liability with limits no less than:
• Automobile Liability Insurance with $1,000,000 minimum limit per accident for bodily injury and property damage.
• Automobile Liability Additional Insured Endorsement naming the following as additional insured:
"City of Manteca, its officers, officials, employees, agents, and volunteers".
Worker's Compensation
As required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability (Errors and Omissions)
Insurance appropriates to the Contractor's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Manteca, its officers, officials, employees, agents and volunteers are to be covered as insured's as respect to: liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance at least as broad as CG 20 10 and CG 20 37 if completed operations coverage is required.
2. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers, shall be excess of the Consultant's insurance and shall not contribute with it.
3. The applicant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Last Update: 08/23
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City of Manteca reserves the right to require complete, certified copes of all required insurance policies, including endorsements required by these specifications, at any time.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Manteca
Waiver of Subrogation
Consultant hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that The City of Manteca is an additional insured on insurance required from subcontractors.
SPECIAL RISKS OR CIRCUMSTANCES
The City of Manteca reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.
Last Update: 08/23
DELAINC-01 SALMON
ACORD: DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
8/16/2023
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 endorsements).
PRODUCER License # 0E02096 CONTACT Cynthia Salmon
DiBuduo & DeFendis Insurance Brokers, LLC
Fresno, CA 93755-5479 ADDRESS: [email protected]
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Travelers Property Casualty Company of America 25674 INSURED INSURER B: Travelers Indemnity Company of Connecticut 25682 DF Engineering, Inc. dba DeLaMare-Fultz Engineering & INSURER C : Hartford Underwriters Insurance Company Surveying
3421 Tully Road, Suite. J INSURER Travelers Casualty and Surety Company of America 31194 Modesto, CA 95350-0000 INSURER E :
INSURER F:
COVERAGES CERTIFICATE NUMBER: 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 THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM.
INSR ADDL SUBR OLICY EX
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE OCCUR 6805K7013552347 5/18/20235/18/2024 DAMAGE TO RENTED 1,000,000 x PREMISES (Ea occurrence)
MED EXP (Any one person) 5,000
PERSONAL & ADV INJURY 1,000,000
2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
POLICY X X Loc 2,000,000
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
(Ea accident)
X ANY AUTO x BA4R9077062347G 5/18/2023 5/18/2024 BODILY INJURY (Per person) AND ONLY BODILY INJURY (Per accident) $
A X UMBRELLA LIAB OCCUR EACH OCCURRENCE 2,000,000
EXCESS LIAB CLAIMS-MADE X CUP5K7030592347 5/18/2023 5/18/2024 AGGREGATE DED X RETENTIONS Aggregate 2,000,000
X BEATUTE!
Y/ N 51WECDZ6184 9/1/2022 9/1/2023 1,000,000
N/ A E.L. EACH ACCIDENT $
LE.L. DISEASE • EA EMPLOYEE $ 1,000,000
es, describe un: 1,000,000
SCRIPTION OF OPERATIONS bel E.L. DISEASE - POLICY LIMIT$ Commercial Auto BA4R9077062347G 5/18/2023 518/2024 Comprehensive Ded 1,000 D Professional Liabili 105630304 6/11/2023 6/11/2024 All Claims 2,000,000 e attached if more space is required
Civil Improvement- project
esignated locations CGD690219. Coverage is Primary and Non-Contributory per attached form CGD469 0714. Waiver of Subrogation applies in favor eneral Liability. Auto Liability and Workers' Compensation per attached forms CGD381 0915, CA8810 0113 and WWC04030
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Manteca ACCORDANCE WITH THE POLICY PROVISIONS.
Engineering Department
1001 W. Center Street
Manteca, CA 95337 AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 51 WEC DZ6184 Endorsement Number:
Effective Date: 09/01/22 Effective hour is the same as stated on the Information Page of the policy Vamed Insured and Address: DELAMARE-FULTZ ENGINEERING AND SURVEYING 3421 TULLY RD STE J
MODESTO CA 95350
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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 07/23/22 Policy Expiration Date: 09/01/23
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 6805k7013552347
05/18/2023 - 05/18/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS
AND DESIGNATED PROJECT AND LOCATION
AGGREGATE LIMITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE - LIMITS OF INSURANCE AND DESIGNATED PROJECTS AND LOCATIONS
LIMITS OF INSURANCE
Total Aggregate Limit $ 4,000,000
(Other Than Projects and Products-Completed Operations) Designated Location Aggregate Limit $ 2,000,000
(Other Than Products-Completed Operations)
Designated Project Aggregate Limit $ 2,000,000
(Other Than Products-Completed Operations)
General Aggregate Limit $ 2,000,000
(Other Than Products-Completed Operations)
Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed by you before the "bodily injury" or "property damage" occurs.
Designated Locations:
All locations listed in Item 3. Of the Common Policy Declarations or in any Master Pac Account Exposure Endorsement included in this policy.
PROVISIONS
1. The General Aggregate Limit (Other Than 1. The Limits of Insurance shown in the Products-Completed Operations) shown in the Declarations or the Schedule - Limits Of Declarations is replaced by the Limits of Insurance And Designated Projects And Insurance shown in the Schedule - Limits Of Locations, whichever apply, and the rules Insurance And Designated Projects And below fix the most we will pay regardless of Locations. the number of:
2. The following replaces Paragraph 1. of SECTION a. Insureds; III - LIMITS OF INSURANCE:
b. Claims made or "suits" brought;
CG D4 69 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
c. Persons or organizations making claims under Coverage B. Instead, the or bringing "suits"; or General Aggregate Limit described in d. "Projects" or "locations". Paragraph 2.d. below applies to such damages.
3. The following replaces Paragraph 2. of SECTION
III - LIMITS OF INSURANCE: (5) Any payments made for damages or medical expenses to which the
2. a. The Total Aggregate Limit shown in the Designated Project Aggregate Limit Schedule - Limits Of Insurance And applies will reduce the Designated Designated Projects And Locations is the Project Aggregate Limit for the most we will pay for the sum of applicable "project". Such payments amounts under the Designated Location will not reduce the Total Aggregate Aggregate Limit and all amounts under Limit, the General Aggregate Limit General Aggregate Limit. described in Paragraph 2.d. below, the Designated Project Aggregate
(1) Damages under Coverage A, except Limit for any other "project" or the damages because of "bodily injury" or Designated Location Aggregate Limit. "property damage" included
c. Subject to the Total Aggregate Limit
the "products-completed operations
described in Paragraph 2.a. above, the
hazard";
Designated Location Aggregate Limit
(2) Damages under Coverage B; and shown in the Schedule - Limits Of (3) Medical expenses under Coverage C. Insurance And Designated Projects And Locations applies and is further subject to
b. The Designated Project Aggregate Limit all of the following provisions:
shown in the Schedule - Limits Of
Insurance And Designated Projects And (1) The Designated Location Aggregate Locations applies and is further subject to Limit is the most we will pay for the all of the following provisions: sum of:
(1) The Designated Project Aggregate (a) Damages under Coverage A Limit is the most we will pay for the because of "bodily injury" and sum of: "property damage" caused by
"occurrences"; and
(a) Damages under Coverage A
because of "bodily injury" (b) Medical expenses under
"property damage" caused by Coverage C for "bodily injury" "occurrences"; and caused by accidents;
(b) Medical expenses under that can be attributed only to Coverage C for "bodily injury" operations at a single "location". caused by accidents; (2) The Designated Location Aggregate that can be attributed only to Limit applies separately to each operations at a single "project". "location".
(2) The Designated Project Aggregate (3) The Designated Location Aggregate Limit applies separately to each Limit does not apply to damages "project". because of "bodily injury" or "property
damage" included in the "products-
(3) The Designated Project Aggregate completed hazard". operations
Limit does not apply to damages
because of "bodily injury" or "property Instead, the Products-Completed Operations Aggregate • Limit
damage" included in the "products-
completed operations hazard". described in Paragraph 3. below Instead, the Products-Completed applies to such damages.
Operations Aggregate Limit (4) The Designated Location Aggregate described in Paragraph 3. below Limit does not apply to damages applies to such damages. under Coverage B. Instead, the (4) The Designated Project Aggregate General Aggregate Limit described in Limit does not apply to damages
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL GENERAL LIABILITY
Paragraph 2.d. below applies to such General Aggregate Limit applies will damages. • reduce:
(5) Any payments made for damages or (a) The Total Aggregate Limit; and medical expenses to which
Designated Location Aggregate Limit (b) The General Aggregate Limit. applies will reduce: Such payments will not reduce the
(a) The Total Aggregate Limit; and Designated Project Aggregate Limit for any "project" or the Designated
(b) The Designated Location Location Aggregate Limit for any Aggregate Limit for the applicable "location".
"location".
Such payments will not reduce the 4. The following replaces Paragraph 3. of SECTION General Aggregate Limit described in III - LIMITS OF INSURANCE:
Paragraph 2.d. below, the 3. The Products-Completed Operations Aggre- Designated Project Aggregate Limit gate Limit shown in the Declarations is the the Designated Location most we will pay under Coverage A for Aggregate Limit for any other damages because of "bodily injury" "location". "property damage" included in the "products- d. Subject to the Total Aggregate Limit completed operations hazard". Any payments made for such damages will not reduce the
described in Paragraph 2.a. above, the Total Aggregate Limit, the General Aggregate General Aggregate Limit shown in the Limit, the Designated Project Aggregate Limit Schedule - Limits Of Insurance And
for any "project" or the Designated Location
Designated Projects And Locations Aggregate Limit for any "location". applies and is further subject to all of the
following provisions: 5. The following is added to the DEFINITIONS Section:
1) The General Aggregate Limit is the "Location" means any designated location shown nost we will pay tor ine sum ol
in the Schedule - Limits Of Insurance And
(a) Damages under Coverage A Designated Projects and Locations that is owned because of "bodily injury" and by or rented to you. For the purposes of "property damage" caused determining the applicable aggregate limit of "occurrences". and medical insurance, each "location" includes that a
expenses under Coverage C for premises involving the same or connecting lots, "bodily injury" caused by or premises whose connection is interrupted only accidents, cannot be by a street, roadway or waterway, or by a right-of- attributed only to operations at a way of a railroad, will be considered a single single "project" single "location".
"location": and
"Project" means any designated project shown in
(b) Damages under Coverage B. the Schedule - Limits Of Insurance And (2) The General Aggregate Limit does Designated Projects And Locations that is away not apply to damages for "bodily from premises owned by or rented to you and at injury" or "property damage" included which you are performing operations pursuant to in the "products-completed oper- a contract or agreement. For the purposes of hazard". Instead, determining the applicable aggregate limit of Products-Completed Operations insurance, each "project" that includes a premises Aggregate described involving the same or connecting
Paragraph 3. below applies to such premises whose connection is interrupted only by damages. a street, roadway or waterway, or by a right-of- way of a railroad, will be considered a single
(3) Any payments made for damages or "project".
medical expenses to which the
CG D4 69 02 19 © 2017 The Travelers Indemnity Company. All rights reserved Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy #bar9077062347
05/18/2023 to 05/18/2024
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS 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 ol imited 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 cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIO B. EMPLOYEE HIRED AUTO EQUIPMENT - INCREASED LIMIT
C. EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE - GLASS D. SUPPLEMENTARY PAYMENTS - INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS
E. TRAILERS - INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business.
An Insured, of SECTION II - COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV - BUSI- Any person or organization who is required under NESS AUTO CONDITIONS:
a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- hat person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own:
"property damage" occurs and that is in effect
(1) Any covered "auto" you lease, hire,
during the policy period, to be named as an addi- rent or borrow; and tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi-
ness.
B. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, rented or borrowed with a driver is not a
Who Is An Insured, of SECTION II - COV- covered "auto".
ERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II - COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE:
CẠ T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 002840
COMMERCIAL AUTO
Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss".
D. SUPPLEMENTARY PAYMENTS - INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the amount of betterment.
1. The following replaces Paragraph A.2.a.(2) of
SECTION II - COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned
(2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to:
tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish
rowed with a driver; or
these bonds.
(b) Any "auto" that is hired, rented or bor-
2. The following replaces Paragraph A.2.a.(4) of rowed from your "employee".
SECTION I| - COVERED AUTOS LIABILITY
COVERAGE: G. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
(4) All reasonable expenses incurred by the
"insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III - PHYSICAL DAMAGE COVER- AGE:
E. TRAILERS - INCREASED LOAD CAPACITY
We will pay up to $50 per day to a maximum of
The following replaces Paragraph C.1. of SEC- $1,500 for temporary transportation expense in- TION I - COVERED AUTOS:
curred by you because of the total theft of a cov-
1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT - INCREASED LIMIT
F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III - PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III - PHYSICAL I. WAIVER OF DEDUCTIBLE - GLASS DAMAGE COVERAGE:
The following is added to Paragraph D., Deducti-
Hired Auto Physical Damage Coverage ble, of SECTION III - PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE:
Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or
The following is added to Paragraph A.4., Cover-
borrow subject to the following:
age Extensions, of SECTION III - PHYSICAL
(1) The most we will pay for "loss" to any one DAMAGE COVERAGE:
"auto" that you hire, rent or borrow is the Personal Property Coverage lesser of:
We will pay up to $400 for "loss" to wearing ap-
(a) $50,000; parel and other personal property which is:
(b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
K. AIRBAGS (2) Any:
The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III - PHYSICAL DAMAGE time of the "loss"; COVERAGE:
(b) Financial penalties imposed under a
Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- sor;
a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability Insurance purchased with the loan or
b. The airbags are not covered under any war-
lease; and
ranty; and
(e) Carry-over balances from previous loans
c. The airbags were not intentionally inflated
or leases.
We will pay up to a maximum of $1,000 for any
M. BLANKET WAIVER OF SUBROGATION
one "loss".
L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us,
The following is added to Paragraph A.4., Cover- of SECTION IV - BUSINESS AUTO CONDI- age Extensions, of SECTION III - PHYSICAL TIONS:
DAMAGE COVERAGE:
5. Transfer Of Rights Of Recovery Against
Auto Loan Lease Gap Coverage for Private
Others To Us
Passenger Type Vehicles
In the event of a total "loss" to a covered "auto" of We waive any right of recovery we may have against any person or organization to the ex-
the private passenger type shown in the Schedule
or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or "loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that "auto"; organization designated in such contract.
CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 002841
policy BA4R9077062347
05/18/2023OM/ERC7A2 AUTO
4. Loss Payment - Physical Damage Cover- son or organization holding, storing or trans- ages porting property for a fee regardless of any
other provision of this Coverage Form.
At our option, we may:
5. Other Insurance
a. Pay for, repair or replace damaged or sto-
len property; a. For any covered "auto" you own, this
Coverage Form provides primary insur-
b. Return the stolen property, at our ex-
pense. We will pay for any damage that ance. For any covered "auto" you don't own, the insurance provided by this Cov-
results to the "auto" from the theft; or
erage Form is excess over any other col-
C. Take all or any part of the damaged or lectible insurance. However, while a cov- stolen property at an agreed or appraised ered "auto" which is a "trailer" is con- value. nected to another vehicle, the Covered
If we pay for the "loss", our payment will in- Autos Liability Coverage this Coverage clude the applicable sales tax for the dam- Form provides for the "trailer" is:
aged or stolen property. (1) Excess while it is connected to a mo-
5. Transfer Of Rights Of Recovery Against tor vehicle you do not own; or Others To Us (2) Primary while it is connected to a
If any person or organization to or for whom covered "auto" you own. we make payment under this Coverage Form b. For Hired Auto Physical Damage Cover- has rights to recover damages from another, age, any covered "auto" you lease, hire, those rights are transferred to us. That person rent or borrow is deemed to be a covered or organization must do everything necessary "auto" you own. However, any "auto" that to secure our rights and must do nothing after is leased, hired, rented or borrowed with "accident" or "loss" to impair them. a driver is not a covered "auto".
B. General Conditions c. Regardless of the provisions of Para-
1. Bankruptcy graph a. above, this Coverage Form's
Bankruptcy or insolvency of the "insured" or Covered Autos Liability Coverage is pri- the "insured's" estate will not relieve us of any mary for any liability assumed under an "insured contract"
obligations under this Coverage Form.
d. When this Coverage Form and any other
2. Concealment, Misrepresentation Or Fraud Coverage Form or policy covers on the This Coverage Form is void in any case of same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other "insured", at any time, intentionally con- our Coverage Form bears to the total of ceals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis.
a. This Coverage Form; 6. Premium Audit
b. The covered "auto"; a. The estimated premium for this Coverage c. Your interest in the covered "auto"; or Form is based on the exposures you told d. A claim under this Coverage Form. us you would have when this policy be- gan. We will compute the final premium
3. Liberalization due when we determine your actual ex- If we revise this Coverage Form to provide posures. The estimated total premium will more coverage without additional premium be credited against the final premium due charge, your policy will automatically provide and the first Named Insured will be billed the additional coverage as of the day the re- for the balance, if any. The due date for vision is effective in your state. the final premium or retrospective pre- mium is the date shown as the due date
4. No Benefit To Bailee - Physical Damage on the bill. If the estimated total premium Coverages
exceeds the final premium due, the first
We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per-
CA 00 01 10. 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 001984
Policy # 6805K7013552347
COMMERCIAL GENERAL LIABILITY
05/18/2023 to 05/18/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(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 h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such
a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage" or "personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier.
The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV - COMMERCIAL GENERAL
c. With respect to the independent acts or LIABILITY CONDITIONS:
omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other insurance, whether primary, excess, contingent or
any other basis, that is available to the
contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract
The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and organization non-contributory basis, this insurance is primary coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part, as a named insured for such loss, and we will not share with the other insurance, provided that:
This insurance does not apply to the
rendering of or failure to render any (1) The "bodily injury" or "property damage" for "professional services". which coverage is sought occurs; and (2) The "personal injury" for which coverage is
g. In the event that the Limits of Insurance of the
Coverage Part sought arises out of an offense committed; shown in the Declarations
exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance" requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary. by that "written contract requiring insurance" excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section I|| - person or organization is an additional insured Limits Of Insurance. under any other insurance.
CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc. with its permission 000505
COMMERCIAL GENERAL LIABILITY
3. The following is added to Paragraph 8., Transfer
4. The following definition is added to the
Of Rights Of Recovery Against Others To Us, DEFINITIONS Section:
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS: "Written contract requiring insurance" means that part of any written contract under which you are
We waive any right of recovery we may have
required to include a person or organization as an
against any person or organization because of additional insured on this Coverage Part,
payments we make for "bodily injury". "property
damage" or "personal injury" arising out of "your provided that the "bodily injury" and "property work" performed by you, or on your behalf, done damage" occurs and the "personal injury" is under a "written contract requiring insurance" with caused by an offense committed:
that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with
effect: and
such person or organization
before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury"
offense is committed.
CG D3 81 09 15
Includes the copyrighted material of Insurance Services Office, Inc., with its permission
UMBRELLA
3. When we have the duty to defend, we may, at With respect to a claim we investigate or our discretion, investigate and settle any claim settle, or "suit" against an insured we defend or "suit". In all other cases, we may, at our under COVERAGE A - EXCESS FOLLOW- discretion, participate in the investigation, FORM LIABILITY, these payments will not defense and settlement of any claim or "suit" for reduce the applicable limits of insurance, but damages to which this insurance may apply. If only if the applicable "underlying insurance" we exercise such right to participate, all provides for such payments in addition to its expenses we incur in doing so will not reduce limits of insurance. With respect to a claim we the applicable limits of insurance. investigate or settle, or "suit" against an insured we defend under COVERAGE B -
4. Our duty to defend ends when we have used up
the applicable limit of insurance in the payment UMBRELLA LIABILITY, these payments will defense not reduce the applicable limits of insurance.
of judgments or settlements, or
expenses if such expenses are within the limits SECTION II - WHO IS AN INSURED of insurance of this policy. A. COVERAGE A - EXCESS FOLLOW-FORM
5. We will pay, with respect to a claim we LIABILITY
investigate or settle, or "suit" against an insured With respect to Coverage A, the following persons we defend: and organizations qualify as insureds:
a. All expenses we incur. 1. The Named Insured shown in the b. The cost of: Declarations; and
(1) Bail bonds required because of 2. Any other person or organization qualifying as accidents or traffic law violations arising an insured in the "underlying insurance". . If out of the use of any vehicle to which you have agreed to provide insurance for that this insurance applies; or person or organization in a written contract or (2) Appeal bonds and bonds to release agreement:
attachments; a. The limits of insurance afforded to such but only for bond amounts within the person or organization will be:
applicable limit of insurance. We do not (1) The amount by which the minimum have to furnish these bonds. limits of insurance you agreed to c. All reasonable expenses incurred by the provide such person or organization insured at our request to assist us in the in that written contract or agreement exceed the total limits of insurance of
investigation or defense of such claim or
"suit", including actual loss of earnings up all applicable "underlying insurance"; to $1,000 a day because of time off from or
(2) The limits of insurance of this policy;
d. All court costs taxed against the insured in whichever is less; and the "suit". However, these payments do not b. Coverage under this policy does not apply include attorneys' fees or attorneys'
to such person or organization if the
expenses taxed against the insured. minimum limits of insurance you agreed e. Prejudgment interest awarded against the o provide such person or organization i insured on that part of the judgment we hat written contract or agreement ar pay. If we make an offer to pay the wholly within the total limits of insurance applicable limit of insurance, we will not pay of all available applicable "underlying any prejudgment interest based on that insurance".
period of time after the offer. B. COVERAGE B - UMBRELLA LIABILITY f. All interest that accrues on the full amount
of any judgment after entry of the judgment With respect to Coverage B:
and before we have paid, offered to pay or 1. The Named Insured shown in the deposited in court the part of the judgment Declarations is an insured. that is within the applicable limit of 2. If you are:
insurance. If we do not pay part of the
a. An individual, your spouse is also an
judgment for any reason other than it is
insured, but only with respect to the
more than the applicable limit of insurance.
we will not pay any interest that accrues on conduct of a business of which you are that portion of the judgment. the sole owner.
© 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16