CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
Public Works
Angela Walton
[email protected]
(510) 255-9688
8598
5828
As needed construction materials testing
Ninyo & Moore
2020 Challenger Drive, Suite 103
Alameda, CA 94501
Ransom Hennefer
(510) 343-3000
[email protected]
40039293
January 20, 2022
November 30, 2021
November 29, 2024
250,000
✔
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
Ninyo & Moore
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 Principal Engineer
11/18/2021
Mayor
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
See Attachment A
Project Manager
Ninyo & Moore
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2
ATTACHMENTS A
Qualified registered professionals shall provide co nstruction materials testing services within the City of Richmond for three years plus two-year op tional extensions for all City, Wastewater and Port Projects. Testing shall cover all services and delivery of all documents specified in the following scope of services:
1. Soils
Plant soils
Soils by Consultant who prepared initial Reports
In Place density testing
Maximum density determinations
Grading observation
Site review, final soils report and affidavit
2. Asphalt testing compaction for both base and asphalt
3. Welding Shop and Field
4. Masonry Fulltime installation inspection
Aggregates
Mortar and grout
Masonry cores and shear
Masonry units
5. Handicap lift installation
6. Concrete Inspection
Concrete placement sampling of cement and collection of mill certifications Continuous batch plant inspection
Concrete cylinder break test including cylinder pickup at site Concrete compressive strength tests
Mix Design
Expansion bolts, anchors
Vapor Transmission through slab
7. Testing and inspection of riveting, bolting, expansion anchors, high strength bolts and washers
8. Reinforcing Steel
Identification, sampling, certification
Tensile and bend tests (#5 or larger)
Fire proofing
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2
9. Structural Steel
Shop fabrication
Field welding
High strength bolting
Galvanized coating on exterior steel
10 Moisture content of hardwood flooring
11. Built-up roofing assemblies
12. Coating thickness of elastomeric paint
The selected consulting team will be required to maintain auditable records, documents, and papers for inspection by authorized local, state and federal representatives. Therefore, the consulting team may be required to undergo an evaluation to demonstrate that the firm uses recognized accounting and financial procedures.
The contract amount will be for a maximum not- to-exceed amount, based on the tasks listed in Article III, and the rates submitted in response to Article IV, or lesser rates mandated by the City.
Reimbursable expenses are subject to the prio r approval of the City. The amount for such expenses will be included in the maximum not-to-exceed amount.
The City will solicit bids for projects from each firm for each project or provide a written justification to determine which firm is must qu alified to complete a scope of work. Each firm must submit their scope of work and cost proposal on their letterhead and submit it to the project manager for acceptance by signing and dati ng the document. A Work Authorization or Authorization to Proceed will be issued upon selection and approval of the scope of work followed by a Purchase Order to encumber the funds to cover the expense of the project.
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
Angela Walton
Ninyo & Moore
Public Works
Angela Walton
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
Ninyo & Moore
Ninyo & Moore
Angela Walton
6 - 13th Street
Dushyant Manmohan
2020 Challenger Drive, Suite 103
Alameda, CA 94501
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
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Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
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Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
Ninyo & Moore
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
Ninyo & Moore
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
4/22/2021
Dealey, Renton & Associates
P. O. Box 12675
Oakland CA 94604-2675
510-465-3090
510-452-2193
[email protected]
License#: 0020739
Travelers Property Casualty Company of America
25674
NINY&MO-01
Evanston Insurance Company
35378
Ninyo & Moore Geotechnical &
Environmental Sciences Consultants
2020 Challenger Drive, Suite 103
Alameda CA 94501
Travelers Casualty and Surety Co of America
31194
458355231
A
X
1,000,000
X
1,000,000
X
Contractual Liab
10,000
X
OCP
1,000,000
2,000,000
X
Y
Y
6308986R247
10/3/2020
10/3/2021
2,000,000
A
1,000,000
X
X
X
Y
Y
8107N033091
10/3/2020
10/3/2021
A
X
X
9,000,000
Y
CUP9J428527
10/3/2020
Y
10/3/2021
9,000,000
C
X
N
Y
UB6P428399
5/1/2021
5/1/2022
1,000,000
1,000,000
1,000,000
B
Professional Liab. &
Contractor's Pollution Liab.
Computer Network Security
Y
MKLV7PL0004694
5/1/2021
10/3/2022
Per Claim
Annual Aggregate
5,000,000
5,000,000
Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability.
REF: ALL OPERATIONS OF THE NAMED INSURED.
The City of Richmond, its officers, officials, employees, agents and volunteers are named as Additional Insured on General Liability and Auto Liability, per policy forms, with respect to the operations of the Named Insured as required by written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per attached. 30 Day Notice of Cancellation
City of Richmond
6 - 13th Street
Richmond CA 94804
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 Ð Ñ Ô × Ý ÇÒ Ë Ó Þ Û Î æ
COMMERCIAL GENERAL LIABILITY
ISSUED DATE:
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Ì ¸ · » ² ¼ ± ® » ³ » ² ¬ ³ ± ¼ · º · » · ² « ® ¿ ² ½ » ° ® ± ª · ¼ » ¼ « ² ¼ » ® ¬ ¸ » º ± ´ ´ ± © · ² ¹ æ Ý Ñ Ó Ó Û Î Ý × ß Ô Ù Û Ò Û Î ß Ô Ô × ß Þ × Ô × Ì ÇÝ Ñ Ê Û Î ß Ù ÛÐ ß Î Ì
× ² º ± ® ³ ¿ ¬ · ± ² ® » ¯ « · ® » ¼ ¬ ± ½ ± ³ ° ´ » ¬ » ¬ ¸ · Í ½ ¸ » ¼ « ´ » ô · º ² ± ¬ ¸ ± © ² ¿ ¾ ± ª » ô © · ´ ´ ¾ » ¸ ± © ² · ² ¬ ¸ » Ü » ½ ´ ¿ ® ¿ ¬ · ± ² ò
· ¿ ³ » ² ¼ » ¼¬ ±· ² ó ´ ± ½ ¿ ¬ · ± ²¼ » · ¹ ² ¿ ¬ » ¼¿ ² ¼¼ » ½ ® · ¾ » ¼· ²¬ ¸ » ½ ¸ » ¼ « ´ »± º ½ ´ « ¼ »¿ ¿ ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼¬ ¸ »° » ® ± ² ø ÷ ± ® ± ® ó ¬ ¸ · » ² ¼ ± ® » ³ » ² ¬° » ® º ± ® ³ » ¼ º ± ®¬ ¸ ¿ ¬¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² ó ¹ ¿ ² · ¦ ¿ ¬ · ± ² ø ÷ ¸ ± © ² · ²¬ ¸ »Í ½ ¸ » ¼ « ´ » ô ¾ « ¬ ± ² ´ §© · ¬ ¸ « ® » ¼ ¿ ² ¼ · ² ½ ´ « ¼ » ¼ · ² ¬ ¸ » þ ° ® ± ¼ « ½ ¬ ó ½ ± ³ ° ´ » ¬ » ¼ ± ° » ® ¿ ó ® » ° » ½ ¬ ¬ ± ´ · ¿ ¾ · ´ · ¬ § º ± ® þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ± ® þ ° ® ± ° » ® ¬ § ¼ ¿ ³ ó ¬ · ± ² ¸ ¿ ¦ ¿ ® ¼ þ ò ¿ ¹ » þ ½ ¿ « » ¼ ô · ² © ¸ ± ´ » ± ® · ² ° ¿ ® ¬ ô ¾ § þ § ± « ® © ± ® µ þ ¿ ¬ ¬ ¸ »
× Í ÑÐ ® ± ° » ® ¬ · » ô × ² ½ ò ô î ð ð ì Ð ¿ ¹ » ï ± º ï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs.
Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 4/22/2021
6308986R247
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2 Ð Ñ Ô × Ý ÇÒ Ë Ó Þ Û Î
COMMERCIAL GENERAL LIABILITY
ISSUED DATE:
Ì Ø × ÍÛ Ò Ü Ñ Î Í Û Ó Û Ò Ì Ý Ø ß Ò Ù Û ÍÌ Ø ÛÐ Ñ Ô × Ý Ç ò Ð Ô Û ß Í ÛÎ Û ß Ü× Ì Ý ß Î Û Ú Ë Ô Ô Ç ò
Ì ¸ · » ² ¼ ± ® » ³ » ² ¬ ³ ± ¼ · º · » · ² « ® ¿ ² ½ » ° ® ± ª · ¼ » ¼ « ² ¼ » ® ¬ ¸ » º ± ´ ´ ± © · ² ¹ æ Ý Ñ Ó Ó Û Î Ý × ß Ô Ù Û Ò Û Î ß Ô Ô × ß Þ × Ô × Ì ÇÝ Ñ Ê Û Î ß Ù ÛÐ ß Î Ì
ø × ² º ± ® ³ ¿ ¬ · ± ² ® » ¯ « · ® » ¼ ¬ ± ½ ± ³ ° ´ » ¬ » ¬ ¸ · Í ½ ¸ » ¼ « ´ » ô · º ² ± ¬ ¸ ± © ² ¿ ¾ ± ª » ô © · ´ ´ ¾ » ¸ ± © ² · ² ¬ ¸ » Ü » ½ ´ ¿ ® ¿ ¬ · ± ² ò ÷ Í » ½ ¬ · ± ² × ×
ɸ ± × ß ² × ² « ® » ¼ · ¿ ³ » ² ¼ » ¼ ¬ ± · ² ó Ì ¸ · · ² « ® ¿ ² ½ » ¼ ± » ² ± ¬ ¿ ° ° ´ § ¬ ± þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ± ® ½ ´ « ¼ »¿ ¿ ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼¬ ¸ »° » ® ± ² ø ÷ ± ® þ ° ® ± ° » ® ¬ § ¼ ¿ ³ ¿ ¹ » þ ± ½ ½ « ® ® · ² ¹ ô ± ® ° » ® ± ² ¿ ´ · ² ¶ « ® § Œ ± ® ¹ ¿ ² · ¦ ¿ ¬ · ± ² ø ÷ ¸ ± © ²· ²¬ ¸ »Í ½ ¸ » ¼ « ´ » ô ¾ « ¬ ± ² ´ § ± ® ¿ ¼ ª » ® ¬ · · ² ¹· ² ¶ « ® § Œ ¿ ® · · ² ¹± « ¬ ± º ¿ ² ± º º » ² » © · ¬ ¸ ® » ° » ½ ¬ ¬ ± ´ · ¿ ¾ · ´ · ¬ § º ± ® þ ¾ ± ¼ · ´ § · ² ¶ « ® § þ ô þ ° ® ± ° » ® ¬ § ½ ± ³ ³ · ¬ ¬ » ¼ ô ¿ º ¬ » ® æ ¼ ¿ ³ ¿ ¹ » þ ô þ ° » ® ± ² ¿ ´ · ² ¶ « ® § Œ ± ® ¿ ¼ ª » ® ¬ · · ² ¹· ² ¶ « ® § þ ß ´ ´ © ± ® µ ô · ² ½ ´ « ¼ · ² ¹³ ¿ ¬ » ® · ¿ ´ ô ° ¿ ® ¬ ± ® » ¯ « · ° ó½ ¿ « » ¼ ô · ² © ¸ ± ´ » ± ® · ² ° ¿ ® ¬ ô ¾ § æ ³ » ² ¬ º « ® ² · ¸ » ¼· ² ½ ± ² ² » ½ ¬ · ± ²© · ¬ ¸ « ½ ¸© ± ® µ ô Ç ± « ® ¿ ½ ¬ ± ® ± ³ · · ± ² å ± ® ± ² ¬ ¸ » ° ® ± ¶ » ½ ¬ ø ± ¬ ¸ » ®¬ ¸ ¿ ² » ® ª · ½ » ô ³ ¿ · ² ¬ » ó ² ¿ ² ½ »± ® ® » ° ¿ · ® ÷ ¬ ±¾ »° » ® º ± ® ³ » ¼¾ §± ® ± ² Ì ¸ » ¿ ½ ¬ ± ® ± ³ · · ± ² ± º ¬ ¸ ± » ¿ ½ ¬ · ² ¹ ± ² § ± « ® ¾ » ¸ ¿ ´ º ± º ¬ ¸ » ¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ø ÷ ¿ ¬ ¬ ¸ » ´ ± ½ ¿ ó¾ » ¸ ¿ ´ º å ¬ · ± ² ± º ¬ ¸ » ½ ± ª » ® » ¼ ± ° » ® ¿ ¬ · ± ² ¸ ¿ ¾ » » ² ½ ± ³ ó · ² ¬ ¸ » ° » ® º ± ® ³ ¿ ² ½ » ± º § ± « ® ± ² ¹ ± · ² ¹ ± ° » ® ¿ ¬ · ± ² º ± ®° ´ » ¬ » ¼ å ± ® ¬ ¸ »¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ø ÷ ¿ ¬ ¬ ¸ »´ ± ½ ¿ ¬ · ± ² ø ÷ ¼ » · ¹ ó Ì ¸ ¿ ¬ ° ± ® ¬ · ± ²± º þ § ± « ® © ± ® µ þ ± « ¬ ± º © ¸ · ½ ¸¬ ¸ »² ¿ ¬ » ¼ ¿ ¾ ± ª » ò · ² ¶ « ® § ± ® ¼ ¿ ³ ¿ ¹ » ¿ ® · » ¸ ¿ ¾ » » ² ° « ¬ ¬ ± · ¬ · ² ó É· ¬ ¸® » ° » ½ ¬ ¬ ±¬ ¸ »· ² « ® ¿ ² ½ »¿ º º ± ® ¼ » ¼¬ ±¬ ¸ » » ¬ » ² ¼ » ¼ « » ¾ § ¿ ² § ° » ® ± ² ± ®± ® ¹ ¿ ² · ¦ ¿ ¬ · ± ²¿ ¼ ¼ · ¬ · ± ² ¿ ´ · ² « ® » ¼ ô ¬ ¸ » º ± ´ ´ ± © · ² ¹ ¿ ¼ ¼ · ¬ · ± ² ¿ ´ » ¨ ½ ´ « ó± ¬ ¸ » ® ¬ ¸ ¿ ²¿ ² ± ¬ ¸ » ® ½ ± ² ¬ ® ¿ ½ ¬ ± ® ± ® « ¾ ½ ± ² ¬ ® ¿ ½ ó · ± ² ¿ ° ° ´ § æ ¬ ± ® » ² ¹ ¿ ¹ » ¼ · ² ° » ® º ± ® ³ · ² ¹ ± ° » ® ¿ ¬ · ± ² º ± ® ¿ ° ® · ² ½ · ° ¿ ´ ¿ ¿ ° ¿ ® ¬ ± º ¬ ¸ » ¿ ³ » ° ® ± ¶ » ½ ¬ ò Ý ± ° § ® · ¹ ¸ ¬ î ð ð ë Ì ¸ » Í ¬ ò Ð ¿ « ´ Ì ® ¿ ª » ´ » ® Ý ± ³ ° ¿ ² · » ô × ² ½ ò ß ´ ´ ® · ¹ ¸ ¬ ® » » ® ª » ¼ ò Ð ¿ ¹ » ï ± º ï × ² ½ ´ « ¼ » ½ ± ° § ® · ¹ ¸ ¬ » ¼ ³ ¿ ¬ » ® · ¿ ´ ± º × ² « ® ¿ ² ½ » Í » ® ª · ½ » Ñ º º · ½ » ô × ² ½ ò © · ¬ ¸ · ¬ ° » ® ³ · · ± ² ò Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed.
Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6308986R247
4/22/2021
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this methoo, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non-Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non
contributory basis. this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury'' or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit perioo we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, prooucts or services
for the purposes of attracting customers or
supporters is considered an advertisement.
Includes copyrighted material of Insuran ce Services Office, Inc. with its permiss ion.
Policy #
6308986R247
6308986R247
6308986R247
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2
COMM E RCI AL G ENERA L LIAB ILI T Y
that i s av a ilab le to any o f y our " em p loyee s "o ccup at ional therapi st or o ccup at ional fo r "bod i ly injury " that ari s e s out o f pr ov idin gthe rapy as s ist an t, p h y s i c a l ther ap i s t o r or f a i li ng t o prov ide "i ncidental me dic a ls p ee c h- language p a th olo gi st ; or s e r v i c e s " to any p e rs on t o the e x tent n ot(b ) F i rst ai d o r "Good Sama ri tan s e r v i c e s " s ubje c t to P ar ag r ap h 2.a. (1) o f S e c tio n II –by any o f y our " em p loyee s " or " v olunteer Wh o I s An Insur ed.w orke rs ", oth e r th an an em ployed o r v o lunteer d o ctor. An y s uc h " em p loyee s " K. M ED I C AL PAYM EN T S – INCREASE D LI M IT or " v ol untee r w orkers" prov idin g or fa il in g The f o llo wing r e pla ces P aragrap h 7. o fto prov ide fi r s t aid or "Good Sama ri tan SE CTI O N II I – L IMIT S O F I N SURA NCE:s e r v i c e s " during th ei r w ork h ours fo r yo u
7. Su bje ct to P aragrap h 5. abov e, th e Medic a lwil l b e d ee m ed t o b e a c ti ng within th e s co pe o f thei r em ploy m ent b y y ou o r Ex pens e L im i t i s the mo s t w e wil l pay und e r pe rfo rm in g dutie s r elated to t he c o ndu ct C ov erage C fo r al l me di c al ex pens e s o f yo ur bus ine s s . be c aus e o f " bodily inj ury " s us tained b y any one pers on, and w ill be th e highe r o f:3. The fo llowing r epla c e s the la st s e nt en c e o f Pa r ag r aph 5. o f SE CTIO N I II – L IMIT S O F a. $10, 00 0; orINSU R A N CE :
b . The am o unt s how n i n th e D e clarat ion s o fFo r t he p urpo s es o f d eterm i ni ng th e th i s C ov erage P art fo r Medica l E x pens eappl i cable E a c h Occurrenc e L im i t , all r e la ted Lim i t.a ct s or om i s s ions c om m i tted i n prov iding o r fa il in g t o pr ov ide "inci dent al me dical L . AM END MEN T OF EXCES S INS URA NCE s e rv i ce s ", fi r s t a id or "Good Sama ri tan COND I T ION – P ROF ES SI ONAL L IA BIL I TY s e rv i ce s " to any one p er s on wil l b e deemed The f ol lo wing i s added t o P ar ag r aph 4.b . ,to b e one " o cc urrence ". Ex ces s Insu r ance , o f SE CTI O N IV –4. The fol lowing ex clu s ion is ad ded t o CO MM ERCIAL GENE R AL L IA BI LIT Y Pa r a graph 2., Ex clus ion s, o f SE CTION I – COND I T ION S :
CO V ER AGE S – C O VER AGE A – BODI L Y Thi s in s uranc e is ex c e s s ov er any o f the oth e rINJU RY A ND P ROP ERT Y DAM AGE i nsur an c e, wh eth e r prim ary, ex ces s , c o nti ng entL IA BI LI TY: or on a ny other b a s i s , that i s Pr o fe ss ionalSa le O f Ph armac eu ticals Lia bil ity or s im i la r c ov e rag e, t o th e ex tent t h e "Bo dily inj ury " o r "pr op e rty d am age " ari s ing lo ss i s n o t s ub ject to th e pro fe s s ional s e rv i c e s ou t o f t h e v iola t ion o f a p enal s ta tute o r ex clusion o f C o v erage A or Co v e r age B. ordi nanc e r elatin g t o the s a le of M . B LA NKET W AIVER OF SUBRO GATION –pharma c eut i c al s c om m i tt ed b y, o r w i th t he W H EN R E QUI RED BY WRI TT E N C ON T RACTk now ledg e o r c o n s ent o f t he in s ur ed. O R AG R EEMEN T5. The f ol lo wing i s a dd ed t o th e D EFIN I TION S The f ol lo w ing is add ed to P a ragraph 8., Tra nsfe rSe ctio n:
O f Ri g h t s O f Re co very Again st O the r s T o U s ,"In ci dent al m ed i c al s e rv i ce s " m ea ns : o f SE CTION IV – C O MMERCIAL GEN ERAL a . Med i c al , s urgic a l, d en tal , lab orato ry, x - L IA BI LI TY CO ND I T ION S:
r ay o r n ursing s erv i ce or tr eatm en t, If the i nsur ed h a s agreed in a wri tten c o n tr a ct o radv i c e o r ins tru ction, o r the r ela ted ag r ee ment to w aiv e that i nsur ed ' s right o ffu rni s hing o f food or be v e rag es; or r e cov e ry against any p ers on o r o rg anizat io n, w e b . The fur nishin g o r di s pens i ng o f drug s o r w aiv e our r ight o f r e c ov e ry agai nst s uch p ers o nm ed i c al , d en tal, or s ur gi cal s u pplie s o r or o r ganizatio n, but only f o r p ay men ts w e m akeappl ia nc e s . be c aus e o f:
6. The f ol lo w i ng is added t o Par agraph 4.b . , a. "Bo dily injury " o r "property d am age " thatE xces s Ins u r ance , o f SE CTI O N IV – o ccurs ; o rCO M M ERCI AL GENE R AL LI A B ILI T Y b . "Pe rs o nal and a dv e rti s ing injury " c aus ed b yCOND I TION S :
an o ffe n s e th at i s c om m it ted ;Thi s i nsur an c e i s ex c e s s ov e r any v al id an d s ubs equent to th e s igni ng o f that c o ntra ct o rcol le c ti ble oth e r i ns ur ance , w h ether p rim a ry, ex c e ss , c o nti ng ent o r on any other b a sis, ag r ee ment.
CG D3 79 02 19 ú 20 17 T he Tra v e le rs In d e mn ity C o mp a ny . All righ ts re se rv e d . Pa ge 5 o f 6 I nc lud es co py rig ht e d ma te ria l o f I nsur a nce Se rv ice s O f f ice , Inc. w it h its p e rm is sio n.
Policy #
6308986R247
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2
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 or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general 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 ELECTRONIC
EQUIPMENT
INCREASED LIMITB. EMPLOYEE HIRED AUTO
I. WAIVER OF DEDUCTIBLE
GLASSC. EMPLOYEES AS INSURED
J. PERSONAL PROPERTYD. SUPPLEMENTARY PAYMENTS
INCREASED
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 your business.The following is added to Paragraph A.1., Who Is An Insured, of SECTION II
COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV
BUSI-
NESS AUTO CONDITIONS:Any person or organization who is required under a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that 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; andtional insured is an "insured" for Covered Autos (2) Any covered "auto" hired or rented byLiability Coverage, but only for damages to which your "employee" under a contract inthis insurance applies and only to the extent that an "employee's" name, with yourperson or organization qualifies as an "insured" permission, while performing dutiesunder the Who Is An Insured provision contained related to the conduct of your busi-in Section II.
ness.B. EMPLOYEE HIRED AUTO
However, any "auto" that is leased, hired,1. The following is added to Paragraph A.1., rented or borrowed with a driver is not aWho Is An Insured, of SECTION II COV- covered "auto".ERED AUTOS LIABILITY COVERAGE:
C. EMPLOYEES AS INSUREDAn "employee" of yours is an "insured" while The following is added to Paragraph A.1., Who Isoperating a covered "auto" hired or rented An Insured, of SECTION II
COVERED AUTOSunder a contract or agreement in an "em-
LIABILITY COVERAGE:ployee's" name, with your permission, while CA T4 20 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 8107N033091
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2
COMMERCIAL AUTO
(2) An adjustment for depreciation and physicalAny "employee" of yours is an "insured" while us- 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
covered "auto".(2) Up to $3,000 for cost of bail bonds (in- (5) This Coverage Extension does not apply to:cluding bonds for related traffic law viola- 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; orthese 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 II
COVERED AUTOS LIABILITY
G. PHYSICAL DAMAGE
TRANSPORTATIONCOVERAGE:
EXPENSES
INCREASED LIMIT(4) All reasonable expenses incurred by the The following replaces the first sentence in Para-"insured" at our request, including actual graph A.4.a., Transportation Expenses, ofloss of earnings up to $500 a day be- SECTION III PHYSICAL DAMAGE COVER-cause of time off from work. AGE:E. TRAILERS
INCREASED LOAD CAPACITY
We will pay up to $50 per day to a maximum ofThe 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 pri ate passenger type.v pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONICon 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
GLASSDAMAGE COVERAGE: The following is added to Paragraph D., Deducti-Hired Auto Physical Damage Coverage ble, of SECTION III
PHYSICAL DAMAGE
COVERAGE:If hired "autos" are covered "autos" for Covered 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 replaced.also provides Physical Damage Coverage for an
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
DAMAGE COVERAGE:(1) The most we will pay for "loss" to any one "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:
(1) Owned by an "insured"; and(b) The actual cash value of the damaged or 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.
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2
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" (c) Security deposits not returned by the les-set forth in Paragraphs A.1.b. and A.1.c., but sor;only:
(d) Costs for extended warranties, Credit Lifea. If that "auto" is a covered "auto" for Compre- Insurance, Health, Accident or Disabilityhensive Coverage under this policy; Insurance purchased with the loan orb. The airbags are not covered under any war- lease; andranty; and (e) Carry-over balances from previous loansc. The airbags were not intentionally inflated. or leases.
We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATIONone "loss".
The following replaces Paragraph A.5., TransferL. AUTO LOAN LEASE GAP 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 AgainstAuto Loan Lease Gap Coverage for Private Others To UsPassenger Type Vehicles We waive any right of recovery we may haveIn the event of a total "loss" to a covered "auto" of against any person or organization to the ex-the private passenger type shown in the Schedule tent required of you by a written contract exe-or Declarations for which Physical Damage Cov- cuted prior to any "accident" or "loss", pro-erage is provided, we will pay any unpaid amount vided that the "accident" or "loss" arises out ofdue on the lease or loan for such covered "auto" the operations contemplated by such con-less the following:
tract. The waiver applies only to the person or(1) The amount paid under the Physical Damage organization designated in such contract.Coverage Section of the policy for that "auto"; and
CA T4 20 02 15 © 2015 The Travelers Indemnity Compa ny. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER:
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT
CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation pre- mium.
Schedule
Person or Organization Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Insurance Company Countersigned by
DATE OF ISSUE: Page 1 of 1
Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver.
UB6P428399
Travelers Casualty and Surety Co of America
4/22/2021
DocuSign Envelope ID: EC91E850-3181-4A23-A9EB-B066BA1271F2