5PM Item 09 - Change Order No. 2 - On-Call General Contracting Services for Park Operation (PDF-9168 KB)

City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org

File ID: 2022-00638 May 17, 2022 Consent Item 09

Title: Change Order No. 2: On-Call General Contracting Services for Park Operation Projects

Location: Citywide

Recommendation: Pass a Motion: 1) Authorizing the City Manager or the City Manager’s designee to execute Change Orders No. 2 to the On-Call General Contracting Services for Park Operation Projects with Parker Landscape Development, Inc. and Saenz Landscape Construction Company in the amount of $250,000 per contract.

Contact: Shawn C. Aylesworth, Park Maintenance Manager, (916) 808-4070, [email protected]
, Youth, Parks & Community Enrichment Department
(YPCE)

Presenter: None

Attachments:
1-Description/Analysis
2-Change Order No. 2 - Parker Landscape Development, Inc. 3-Change Order No. 2 - Saenz Landscape Construction Company

Description/Analysis

Issue Detail: The On-Call General Contracting Services for Park Operation Project contracts with Parker Landscape Development, Inc. and Saenz Landscape Construction Company allows YPCE to deliver small projects in a more cost effective and efficient manner. A Request for Proposals (RFP) was issued, and awarded based on the contractor’s experience and qualifications, and fixed mark-ups and profit amounts. The Change Orders will increase the authorized not-to-exceed amount for these contracts to allow park maintenance staff to continue to access these services as needed for cost effective and efficient project delivery to address the backlog of deferred maintenance.

Policy Considerations: The recommendations in this report are in accordance with City Code Chapter 3.60 requiring City Council for approval for agreements of $250,000 or more.

Economic Impacts: Not Applicable.

Environmental Considerations: The action concerns continuing administrative activities that does not constitute a “project” as defined by California Environmental Quality Act (CEQA) Guidelines Sections 15378(b)(2) and is not subject to CEQA (CEQA Guidelines Section 15060(c)(3)). However, each task order assignment will be subject to CEQA and will be reviewed individually.

Sustainability: Not Applicable.

Commission/Committee Action: None.

Rationale for Recommendation: On July 29, 2021, YPCE issued an RFP for On-Call General Contracting Services for Park Operation Projects. The RFP was advertised on the City’s Planet Bids website for bid opportunities. Proposals were received on August 19, 2021.

A total of two responses were received and were determined to be responsive and met the required experience and licensing. Contracts were awarded to Parker Landscape Development, Inc. and Saenz Landscape Construction Company.

Approval of Change Orders No. 2 is necessary to allow YPCE to deliver small repair and restoration projects to support effective and cost-efficient manner by reducing the time needed to select and engage contractors. Additionally, unforeseeable conditions identified during the course of a project may be addressed immediately. In addition, establishing an On-Call contracting list is an industry “best practice” for cost-effective and efficient delivery of projects and services.

Financial Considerations: The original one-year contracts with Parker Landscape (2021- 1127) and Saenz Landscape Construction (2021-1135) for the period beginning October 2021, had a not-to-exceed amount of $200,000 per contract. Change Orders No. 1 increased each contract total to $245,000. The proposed Change Orders No. 2 in the amount of $250,000 would increase the agreement not-to-exceed amount to $495,000 on each contract.

Funding under these contracts will be provided for in Measure U Park Improvements CIP (L19706000) or in the department operating budget, subject to sufficient funding in the applicable fiscal year’s budget.

Local Business Enterprise (LBE): The RFP required contractors to submit their LBE certification status. Each firm is either qualified as a LBE or will meet the requirement through subcontracting.

C2021-1127 Effective Date /2022
63672 Change Order #
TO:

Contract for:

Approval Recommended by: Approved as to Form by:

Mario Lara, YPCE Director Date Date
Approved by:
, Senior Deputy City Attorney
Approved by:

Contractor Date Christopher Conlin, ACM Date
Approved by:

Mindy Cuppy, City Clerk Date
Contract #
Purchase Order #

CHANGE ORDER
Budget #
443011-2401-19001311
Parker Landscape Development
OnCall General Contracting Services for Park Operation Projects Description:
$ .00
$2 ,000.00
Upon mutual acceptance of this document the City of Sacramento, hereinafter referred to as "City"' and your firm, hereinafter referred to a "Contractor", in accordance with the terms and conditions of the original contract documents, you are hereby directed to make the following change or changes for the consideration set forth below:

Contract increased by $,000 to allow for additional Park Operation projects to be completed. $200,000.00The original contract sum was:

The contract sum prior to this Change Order was:

The contract sum will beincreasedby this Change Order:

New contract sum including all Change Orders:

Net change by previous Change Orders:
$ ,000.00
$ 5,000.00
CONTRACTOR agrees that the amount of increase or decrease in the contract sum specified in this change order shall constitute full compensation for the work required by this change order, including but not limited to all compensation for the additional and/or revised work specified herein, and shall fully compensate CONTRACTOR for any and all direct and indirect costs that may be incurred by CONTRACTOR in connection with such additional and/or revised work, including any changes, disruptions or delays in work schedules or in the performance of other work by CONTRACTOR. The time for performance of the Contract will increase/decrease 0 working days by reason of the work described by this Change Order. Except as herein above expressly provided, CONTRACTOR further agrees that the performance of the work specified in this Change Order or the rescheduling of other project work made necessary by this Change Order, shall not constitute a delay which will extend the time limit for completion of the work as said term is used in the Contract between CITY and CONTRACTOR for the project.

03/29/2022
Leavitt United Insurance Services, Inc.

Lic #0J02939
2358 Maritime Dr., Ste 100
Elk Grove CA 95758
Shala Pearson
(916) 790-5863 (888) 329-8842
[email protected]
Parker Landscape Development, Inc.
6011 Franklin Blvd
Sacramento CA 95824
Great American Alliance Insurance Company 26832
Westchester Surplus Lines Insurance Company 10172
22/23 Master
A Y Y PAC340158802 03/31/202203/31/2023
1,000,000
300,000
5,000
1,000,000
2,000,000
2,000,000
A Y CAP340158902 03/31/202203/31/2023
1,000,000
Medical Expenses 5,000
A
0 UMB340159002 03/31/202203/31/2023
5,000,000
5,000,000
A Y Y WCE83283200 03/31/202203/31/2023 1,000,000
1,000,000
1,000,000
C Pollution Liability G71157210004 07/12/202107/12/2022 Occurrence Limit $1,000,000
Aggregate Limit $1,000,000
On-Call General Contracting Services for Park Renovations & Landscaping Projects Bid #P20191121045. City of Sacramento is Additional Insured per written agreement and policy provisions with regards to the General Liability per the attached forms CG82171204 and CG84700513, and Auto attached form CA83761013. Waiver of Subrogation applies per the attached forms to the General Liability CG84720110 and Work Comp WCON04WSA when required by written contract. Per Project Aggregate applies per the attached form CG82171204. General Liability is Primary and Noncontributory when required in written contract per attached form CG20010413.

City of Sacramento c/o EXIGIS LLC
P.O. Box 4668 ECM- #35050
New York NY 10168

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-MAILADDRESS:

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 belowIf yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR 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

HIREDAUTOS ONLY
Parker Landscape Development, Inc. WCE83283200
Great American Alliance Insurance Company3/31/2022 1
Blanket where required by written agreement All CA Operations

GREAT AMERICAN ALLIANCE INSURANCE COMPANY
*D/B* 941738194 108233
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

Schedule
CA 04 44 (Ed. 10 13)
Copyright, ISO Properties, Inc., 2011
CA 04 44 (Ed. 10/13) (Page 1 of 1 )
Name(s) of Person(s) or Organization(s):

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

TheTransfer of Rights of Recovery Against Others to UsCondition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.

Policy # CAP340158902
CG 8 4 7 0 (Ed. 05/14) (Page 1 o f 2)
CG 8 4 7 0 (Ed. 0 5 14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AUTOMATIC ADDITIONAL INSURED - WHEN REQUIRED IN CONTRACTOR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION II. - WHO IS AN INSURED, 2. is
amended to include as an insured any person
or organization who you are required to add
as an additional insured on this Policy under:

1. a written contract or agreement; or

2. an oral agreement or contract where a
certificate o f insurance showing that p e r -
son or organization as an additional i n-
sured has been issued;
but the written or oral contract or agreement
must be:
a. currently in effect or becoming e f -
fective during the term o f this Policy;
and
b. executed prior to the "bodily injury,"
"property damage," or "personal and
advertising injury."
However:
1)the insurance afforded to such
additional insured only applies to
the extent permitted by law; and
2) if coverage provided to the A d -
ditional Insured is required by a
contract or agreement, the insur-
ance afforded to such additional
insured will not be broader than
that which you are required by
the contract or agreement to
provide f o r such additional in-
sured.

B. The insurance provided to the Additional In-
sured person or organization applies only to
"bodily injury," "property damage" or "personal
or advertising injury" covered underSECTION
I - COVERAGE A - Bodily Injury and Prop-
erty DamageandSECTION I - COVERAGE B
- Personal and Advertising Injury, but only
with respect to liability f o r "bodily injury,"
"property damage" or "personal and advertis-
ing injury" caused, in whole or in part, by:

1. your acts or omissions; or

2. the acts or omissions o f those acting on
your behalf; and resulting directly from:
a. your ongoing operations performed
f o r the Additional Insured, which is the
subject o f the written or oral contract
or agreement; or
b. "your work" completed as included in
the "products-completed operations
hazard," performed f o r the Additional
Insured, which is the subject o f the
written or oral contract or agreement.

C. However, regardless o f the provisions o f
paragraphA. andB.above:

1. W e will not extend any insurance c o v -
erage to any additional insured person or
organization:
a. that is not provided to you in this c o v -
erage part; or
b. that is any broader coverage than you
are required to provide to the A ddi-
tional Insured person or organization in
the written or oral contract or agree-
ment; and
Policy # PAC340158802
CG 8 4 7 0 (Ed. 05/14) (Page 2 o f 2)

2. With respect to the insurance afforded to
these Additional Insured, the following is
added toSECTION III - LIMITS OF I N -
SURANCE:

If coverage provided to the Additional In-
sured is required by a contract or agree-
ment, the most we will pay on behalf o f
the Additional Insured is the amount o f
insurance:
a. required by the contract or agreement;
or
b. available under the applicable Limits o f
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits o f Insurance shown in the
Declarations.

D. The insurance provided to the Additional In-
sured person or organization does not apply
to "bodily injury," "property damage," or " per-
sonal and advertising injury" arising out o f the
rendering or failure to render any p r o f e s -
sional architectural, engineering or surveying
services, including:

1. the preparing, approving or failing to p r e -
pare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings or specifica-
tions; and

2. supervisory, inspection, architectural or
engineering services.

E. The Additional Insured must see to it that:

1. we are notified as soon as practicable o f
an "occurrence" or offense that may result
in a claim;

2. we receive written notice o f a claim or
"suit" as soon as practicable; and

3. a request f o r defense and indemnity o f
the claim or "suit" will promptly be brought
against any policy issued by another i n-
surer under which the Additional Insured
may be an insured in any capacity. This
provision does not apply to insurance on
which the Additional Insured is a named
insured, if the written or oral contract or
agreement requires that this coverage be
primary and non-contributory.

F. For the coverage provided by this endorse-
ment:

1. The following paragraph is added to para-
graph4.a. o f the Other Insurance Con-
dition o fSECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS: This
insurance is primary insurance as respects
our coverage to the Additional Insured
person or organization, where the written
contract or agreement requires that this
insurance be primary and non-contribu-
tory. In that event, we will not seek c o n -
tribution f rom any other insurance policy
available to the Additional Insured on
which the Additional Insured person or
organization is a named insured.

2. The following paragraph is added to para-
graph4.b. o f the Other Insurance Con-
dition o fSECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS:

This insurance is excess over:

Any o f the other insurance, whether p r i -
mary, excess, contingent or on any other
basis, available to an additional insured, in
which the Additional Insured on our policy
is also covered as an additional insured by
attachment o f an endorsement to another
policy providing coverage f o r the same
"occurrence," claim or "suit." This provision
does not apply to any policy in which the
Additional Insured is a named insured on
such other policy and where our policy is
required by written contract or agreement,
executed prior to the date o f loss, sp e-
cifically requires that this insurance p r o -
vide coverage to the Additional Insured on
a primary or non-contributory basis.

G. This endorsement does not apply to an addi-
tional insured which has been added to this
Policy by an endorsement showing the A ddi-
tional Insured in a Schedule o f additional i n-
sureds, and which endorsement applies s p e-
cifically to that identified additional insured.

This endorsement does not change any other provision of the Policy.

CG 84 72
(Ed. 0 1 10)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to paragraph8. Transfer of Rights of Recovery Against Others to Us of Section IV - Conditions:

If the Insured waives any right o f recovery against any person or organization f o r all or part o f any payment, including supplementary payments, we make under this Policy, we also waive that right, provided the Insured waives such right o f recovery against such person or organization in a written contract or written permit executed before the "occurrence," "bodily injury," "property damage," offense, or "personal and advertising injury" that took place.

This endorsement does not change any other provision of the Policy.

CG 8 4 7 2 (Ed. 01/10) XS
Policy # PAC340158802
CG 2 0 0 1 (Ed. 0 4 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to theOther Insurance
Condition and supersedes any provision to the
contrary:

Primary and Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance avail-
able to an additional insured under your policy
provided that:
(1)the Additional Insured is a Named Insured
under such other insurance; and
(2) you have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
f rom any other insurance available to the
Additional Insured.

Copyright, ISO Properties, Inc., 2 0 1 2
CG 2 0 0 1 (Ed. 04/13)
Policy # PAC340158802
Insurance Services Office, Inc., 2 0 1 6
CA 04 49 (Ed. 11/16) (Page 1 o f 1)
CA 04 49 (Ed. 11/16)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions o f the Coverage Form apply unless modified by the endorsement.

A. The following is added to theOther Insurance
Condition in the Business Auto Coverage Form
and theOther Insurance - Primary And E x-
cess Insurance Provisionsin the Motor Car-
rier Coverage Form and supersedes any p r o -
vision to the contrary:

This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek c o n -
tribution f rom any other insurance available to
an "insured" under your policy provided that:

1. Such "insured" is a Named Insured under
such other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
f rom any other insurance available to such
"insured".

B. The following is added to theOther Insurance
Condition in the Auto Dealers Coverage Form
and supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution f rom
any other insurance available to an "insured"
under your policy provided that:

1. Such "insured" is a Named Insured under
such other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
f rom any other insurance available to such
"insured".

GREAT AMERICAN ALLIANCE INSURANCE COMPANY
*D/B* 941738194 108233Policy # CAP340158902
CA 83 76 (Ed. 10/13)
CA 83 76 (Ed. 10/13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

AUTO DEALERS COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
A. Who Is an Insured (SECTION II - LIABILITY
COVERAGE, paragraphA.1.)is amended to i n-
clude as an insured any person or organization
(called additional Insured) with respect to the
operation, maintenance, or use o f a covered
"auto" whom you are required to add as an
additional Insured on this Policy under:

1. a written contract or agreement, or;

2. an oral contract or agreement where a
certificate o f insurance showing that p e r -
son or organization as an additional In-
sured has been issued;
but the written or oral contract must be:
a. currently in effect or becoming effective
during the term o f this Policy; and
b. executed prior to the date o f "loss."
B. If the additional Insured is a lessor o f a
"leased auto";

1. Coverage
a. Any "leased auto" designated or d e -
scribed in the Schedule will be consid-
ered a covered "auto" you own and
not a covered "auto" you hire or b o r -
row.

For a covered "auto" that is a "leased
auto" Who Is An Insured is changed to
include as an "Insured" the lessor.
b. The coverages provided under this e n -
dorsement apply to any "leased auto"
described in the Schedule until the e x -
piration date shown in the Schedule, or
when the lessor or his or her agent
takes possession o f the "leased auto,"
whichever occurs first.

2. Loss Payable Clause
a. W e will pay, as interest may appear,
you and the lessor f o r "loss" to a
"leased auto."
b. The insurance covers the interest o f
the lessor unless the "loss" results
f rom fraudulent acts or omissions on
your part.
c. If we make any payment to the lessor,
we will obtain his or her rights against
any other party.

3. Cancellation
a. If we cancel the Policy, we will mail
notice to the lessor in accordance with
the Cancellation Common Policy Con-
dition.
b. If you cancel the Policy, we will mail
notice to the lessor.
c. Cancellation ends this agreement.

4. The lessor is not liable f o r payment o f
your premiums.

5. Additional Definition
As used in this endorsement:
"Leased auto"means an "auto" leased or
rented to you including any substitute, r e -
placement or extra "auto" needed to meet
seasonal or other needs, under a leasing
or rental agreement that requires you to
provide direct primary insurance f o r the
lessor.

Policy # CAP340158902
Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 1 o f 11)
CG 82 17
(Ed. 1 2 04)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CONTRACTORS PLUS

COMMERCIAL GENERAL LIABILITY ENDORSEMENT
This endorsement modifies the insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is a summary o f the Limits o f Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

A. The Limits o f Insurance shown below are provided f o r the Coverages listed:

Limits Subjects o f Insurance
$ 1,000 Bail Bonds
$ 300,000 Damage to Premise Rented to You
$ 10,000 Medical Payments
B. The following coverage extensions are provided. These are extensions o f coverage, not additional Limits o f Insurance.

Automatic Additional Insured when required in Construction Agreement Broad Named Insured
Broad Notice o f Occurrence
Broadened Mobile Equipment
Contractual Personal Injury and Advertising Injury
Incidental Malpractice Liability
Mental Anguish
Newly Formed or Acquired Organizations
Non-owned aircraft
Non-owned watercraft up to 5 1 feet
Per Location/Per Project Aggregate Limit
Personal Injury Definition Amendment
Property Damage - Borrowed Equipment
Property Damage - Elevators
Unintentional Failure to Disclose Hazards
Policy # PAC340158802
Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 2 o f 11)
I. TheCommercial General Liability Coverage
Partis amended as follows:

A. SECTION I - COVERAGES

1. Coverage A Bodily Injury and Prop-
erty Damage Liability
a. Exclusions
(1)Exclusiong. Aircraft, Auto
or Watercraft, is deleted in
its entirety and replaced by
the following:
g. Aircraft, Auto or
Watercraft
"Bodily injury" or
"property damage" aris-
ing out o f the o w n e r -
ship, maintenance, use
or entrustment to o t h -
ers o f any aircraft,
"auto" or watercraft
owned or operated by
or rented or loaned to
any insured. Use i n-
cludes operation and
"loading or unloading."
This exclusion applies
even if the claims
against any insured al-
lege negligence or o t h -
er wrongdoing in the
supervision, hiring, e m -
ployment, training or
monitoring o f others by
that Insured, if the " o c -
currence" which caused
the "bodily injury" or
"property damage" i n-
volved the ownership,
maintenance, use or e n -
trustment to others o f
any aircraft, "auto" or
watercraft that is o w n -
ed or operated by or
rented or loaned to any
insured.

This exclusion does not
apply to:
(1)an aircraft, with a
paid crew, that is
hired, chartered or
loaned but is not
owned by any i n-
sured;
(2) a watercraft while
ashore or at
premises you own
or rent;
(3) a watercraft you
do not own and
that is:
(a)less than 5 1
feet long; and
(b)not being
used to carry
persons or
property f o r
a charge;
(4) parking an "auto"
on, or on the ways
next to, premises
you own or rent,
provided the "auto"
is not owned by or
rented or loaned to
you or the Insured;
(5) liability assumed
under any "insured
contract" f o r the
ownership, main-
tenance or use o f
aircraft or wate r-
craft; or
(6) "bodily injury" or
"property damage"
arising out of:
(a)the operation
o f machinery
or equipment
that is a t -
tached to, or
part of, a land
vehicle that
would qualify
under the
definition o f
"mobile
Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 3 o f 11)
equipment" if
it were not
subject to a
compulsory
or financial
responsibility
law or other
motor vehicle
insurance law
in the state
where it is l i -
censed or
principally ga -
raged; or
(b)the operation
o f any o f the
machinery or
equipment
listed in para-
graphf.(2)or
f.(3) o f the
definition o f
"mobile
equipment."
(2) Exclusion j. Damage to
Propertyis deleted in its
entirety and is replaced with
the following:
j. Damage to Property
"Property damage" to:
(1)property you own,
rent, or occupy,
including any costs
or expenses i n-
curred by you, or
any other person,
organization or
entity, f o r repair,
replacement, e n -
hancement, resto-
ration or mainten-
ance o f such
property f o r any
reason, including
prevention o f i n-
jury to a person or
damage to an-
other's property;
(2) premises you sell,
give away or
abandon, if the
"property damage"
arises out o f any
part o f those
premises;
(3) property loaned to
you;
(4) personal property
in the care, custo-
dy or control o f
the Insured;
(5) that particular part
o f real property
on which you or
any contractors or
subcontractors
working directly or
indirectly on your
behalf are p e r -
forming o p e r -
ations, if the
"property damage"
arises out o f those
operations;
(6) that particular part
o f any property
that must be r e -
stored, repaired,
or replaced b e -
cause "your work"
was incorrectly
performed on it.

Paragraph(2)o f this exclu-
sion does not apply if the
premises are "your work"
and were not occupied, re n-
ted or held f o r rental by you.

Paragraphs(3), (4), (5)and(6)
o f this exclusion do not a p -
ply to liability assumed under
a sidetrack agreement.

Paragraphs(3)and(4)o f this
exclusion do not apply to the
use o f elevators.

Paragraph(4)o f this exclu-
sion does not apply to
"property damage" to b o r -
rowed equipment while not
being used to perform o p -
erations at a job site.

Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 4 o f 11)
Paragraph(6)o f this exclu-
sion does not apply to
"property damage" included
in the "products -completed
operations hazard."
(3) The last paragraph in2. E x-
clusionsis deleted in its e n -
tirety and replaced by the
following:

Exclusionsc. throughn. do
not apply to damage by fire,
lightning or "explosion" to
premises while rented to you
or temporarily occupied by
you with permission o f the
owner. A separate Limit o f
Insurance applies to this
coverage as described in
Limit of Insurance(Section
III).

2. Coverage B Personal Injury and A d -
vertising Injury Liability
a. 2. Exclusions
Exclusione. is deleted in its e n -
tirety.

3. Coverage C Medical Payments
Paragraph1.a.o f the Insuring Agree-
ment is deleted in its entirety and r e -
placed by the following:
a. W e will pay medical expenses as
described below f o r "bodily in-
jury" caused by an accident:
(1)on premises you own or
rent;
(2) on ways next to premises
you own or rent; or
(3) because o f your operations;
provided that:
(1)the accident takes place in
the "coverage territory" and
during the policy period;
(2) the expenses are incurred
and reported to us within
three years o f the date o f
the accident; and
(3) the injured person submits
to examination, at our e x -
pense, by physicians o f our
choice as often as we rea-
sonably require.

4. Supplementary Payments -
Coverages A and B
Item1.b.is deleted in its entirety and
replaced by the following:
b. Up to $1,000 f o r cost o f bail
bonds required because o f a c -
cidents or traffic law violations
arising out o f the use o f any v e -
hicle to which the Bodily Injury
Liability Coverage applies. We do
not have to furnish these bonds.

B. SECTION II - WHO IS AN INSURED

1. Item2.a.(1)(d)is deleted in its entirety
and replaced with the following:
(d)Arising out o f his or her provid-
ing or failing to provide p r o f e s -
sional health care services. H o w -
ever, this exclusion does not a p -
ply to nurses, emergency medical
technicians or paramedics who
are employed by you to provide
medical or paramedical services.

2. Items2.e.and2.f.are added:
e. Any subsidiary and subsidiary
thereof, o f yours which is a l e -
gally incorporated entity o f which
you own a financial interest o f
more than 50% o f voting stock
on the effective date o f this
Coverage Part. The insurance a f -
forded herein f o r any subsidiary
not named in this Coverage Part
as a named insured does not a p -
ply to injury or damage with r e -
spect to which an insured under
this Coverage Part is also an in-
sured under another policy or
would be an insured under such
Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 5 o f 11)
policy but f o r its termination or
the exhaustion o f its Limits o f In-
surance.
f. Any person or organization f o r
whom you are performing o p e r -
ations when you and such person
or organization have agreed in
writing in a contract or agreement
that such person or organization
be added as an additional insured
on your policy. Such person or
organization is an additional in-
sured only with respect to liability
arising out o f your ongoing o p e r -
ations performed f o r that Insured
but
(1)coverage is no broader than
coverage provided to you
under this policy, and
(2) only to the extent o f the a p -
plicable Limit o f Insurance o f
this policy.

A person's or organization's status as
an insured under this endorsement
ends when your operations f o r that
Insured are completed.

The insurance provided the Additional
Insured(s) is limited to liability arising
out o f acts or omissions o f the A ddi-
tional Insured(s) in connection with
their general supervision o f "your
work."
This insurance does not apply to
"bodily injury," "property damage," or
"personal and advertising injury" arising
out o f an architect's, engineer's, or
surveyors' rendering or failure to re n-
der any professional architectural, e n -
gineering or surveying services, i n-
cluding:
a. the preparing, approving, or fail-
ing to prepare or approve maps,
shop drawings, opinions report,
surveys, field orders, change o r -
ders or drawing and specifica-
tions; and
b. supervisory, inspection, architec-
tural or engineering activities.

3. Paragraph3. is deleted in it's entirety
and replaced by the following:

3. Any organization you newly a c -
quire or form, other than a part-
nership, joint venture or limited
liability company, and over which
you maintain ownership or major-
ity interest, will qualify as a
named insured if there is no other
similar insurance available to that
organization. However:
a. coverage under this p ro vi -
sion is afforded only until
the 180th day after you a c -
quire or f orm the organiza-
tion or the end o f the policy
period, whichever is earlier;
b. CoverageA does not apply
to "bodily injury" or "p rop -
erty damage" that occurred
before you acquired or
formed the organization;
c. CoverageB does not apply
to "personal and advertising
injury" arising out o f an o f -
fense committed before you
acquired or formed the o r -
ganization.

No person or organization is an
insured with respect to the c o n -
duct o f any current or past part-
nership, joint venture or limited
liability company that is not
shown as a named insured in the
Declarations.

C. SECTION III - LIMITS OF INSURANCE

1. Item2. is deleted in its entirety and
replaced by the following:

2. The General Aggregate Limit is
the most we pay f o r the sum of:
a. medical expenses under
CoverageC;
b. damages under CoverageA,
except damages because o f
"bodily injury" or "property
Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 6 o f 11)
damages" included in the
"products-completed o p e r -
ations hazard"; and
c. damages under CoverageB
at any one
a. project away f rom premises
owned by or rented to you;
or
b. premises owned by or re n-
ted to you, involving the
same or connecting lots or
premises whose connection
is interrupted only by a
street, roadway, waterway
or r ig ht - o f -wa y o f a rail-
road.

2. Item6. is deleted in its entirety and
replaced by the following:

6. Subject to5. above, the higher o f
$300,000 or the Damage to
Premises Rented to You Limit is
the most we will pay under Co v-
erageA f o r damages because o f
"property damage" to premises
while rented to you, or in the
case o f damage by fire, lightning
or "explosion," or temporarily
occupied by you with permission
o f the owner.

3. Item7. is deleted in its entirety and
replaced by the following:

7. Subject to5. above, the most we
will pay under CoverageC f o r all
medical expenses because o f
"bodily injury" sustained by any
one person is the higher o f
$10,000 or the Medical Expense
Limit shown in the Declarations.

D. SECTION IV - COMMERCIAL GENERAL

LIABILITY CONDITIONS

1. Item2. - Duties in the Event of Oc-
currence, Offense, Claim or Suit -is
deleted in its entirety and replaced by
the following:

2. Duties in the Event of Occur-
rence, Offense, Claim or Suit.
a. You must see to it that we
are notified as soon as
practicable o f an "occur-
rence " or an offense which
may result in a claim. To the
extent possible, notice
should include:
(1)how, when and where
the "occurrence" or o f -
fense took place;
(2) the names and address-
es o f any injured p e r -
sons and witnesses; and
(3) the nature and location
o f any injury or damage
arising out o f the " o c -
currence" or offense.
b. If a claim is made or "suit"
brought against any insured,
you must:
(1)immediately record the
specifics o f the claim
or "suit" and the date
received; and
(2) notify us as soon as
practicable.

You must see to it that we
receive written notice o f the
claim or "suit" as soon as
practicable.
c. You and any other involved
insured must:
(1)immediately send us
copies o f any demands,
notices, summonses or
legal papers received in
connection with the
claim or "suit";
(2) authorize us to obtain
records and other i n-
formation;
(3) cooperate with us in the
investigation or settle-
ment o f the claim or
defense against the
"suit"; and
Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 7 o f 11)
(4) assist us, upon our r e -
quest, in the enforce-
ment o f any right
against any person or
organization which may
be liable to the Insured
because o f injury or
damage to which this
insurance may also a p -
ply.
d. No insured will, except at the
Insured's own cost, volun-
tarily make a payment, as-
sume any obligation, or incur
any expense, other than f o r
first aid, without our c o n -
sent.

Knowledge o f an "occurrence",
claim or "suit" by the agent, s e r -
vant or employee o f any insured
shall not in itself constitute
knowledge o f the Insured unless
an officer or his designee shall
have received notice f rom its
agent, servant or employee.

2. Item4. - Other Insuranceis deleted in
its entirety and replaced by the f o l -
lowing:

4. Other Insurance
a. If other valid and collectible
insurance is available to the
Insured f o r a loss we cover
under CoverageA or B o f
this Coverage Part, our o b -
ligations are limited as f o l -
lows:
(1) Primary Insurance
This insurance is prima-
ry except when(2)b e -
low applies. If this i n-
surance is primary, our
obligations are not a f -
fected unless any o f
the other insurance is
also primary. Then, we
will share with all that
other insurance by the
method described in(3)
below.
(2) Excess Insurance
This insurance is excess
over:
(a)Any o f the other
insurance, whether
primary, excess,
contingent or on
any other basis:
(i) that is Fire,
Extended
Coverage,
Builder's Risk,
Installation
Risk or simi-
lar coverage
f o r "your
work";
(ii) that is Fire,
Lightning, or
Explosion i n-
surance f o r
premises r e -
nted to you
or temporar-
ily occupied
by you with
permission o f
the owner;
(iii) if the loss
arises out o f
the mainten-
ance or use
o f aircraft,
"autos" or
watercraft to
the extent not
subject to
exclusion g.
o fCoverage
A (Section I);
(iv) if the loss
arises out o f
"property
damage" to
borrowed
equipment
while not b e -
ing used to
perform o p -
Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 8 o f 11)
erations at
the job site;
or
(v) if the loss
arises out o f
"property
damage" due
to the use o f
elevators .
(b)Any other primary
insurance available
to you covering li -
ability f o r damages
arising out o f the
premises or o p e r -
ations, or the
product and c o m -
pleted operations,
f o r which you have
been added as an
insured by attach-
ment o f an e n -
dorsement.
(c)Any other primary
insurance available
to an automatic
additional insured
when required in a
construction
agreement with
you covering liabil-
ity f o r damages
arising out o f the
premises or o p e r -
ations unless you
are specifically r e -
quired by written
contract f o r this
insurance to be
primary.

When this insurance is
excess, we will have no
duty under CoverageA
or B to defend the In-
sured against any "suit"
if any other insurer has
a duty to defend the In-
sured against that "suit."
If no other insurer d e -
fends, we will under-
take to do so, but we
will be entitled to the
Insured's rights against
all those other insurers.

When this insurance is
excess over other i n-
surance, we will pay
only our share o f the
amount o f the loss, if
any, that exceeds the
sum o f :
(a)the total amount
that all such other
insurance would
pay f o r the loss in
the absence o f this
insurance; and
(b)the total o f all d e -
ductible and se lf -
insured amounts
under all that other
insurance.

W e will share the r e -
maining loss, if any ,
with any other insur-
ance that is not d e -
scribed in this Excess
Insurance provision and
was not bought sp e-
cifically to apply in e x -
cess o f the Limits o f
Insurance shown in the
Declarations o f this
Coverage Part.
(3) Method of Sharing
If all o f the other insur-
ance permits contribu-
tion by equal shares, we
will follow this method
also. Under this a p -
proach, each insurer
contributes equal
amounts until it has paid
its applicable Limit o f
Insurance or none o f
the loss remains,
whichever comes first.

If any o f the other i n-
surance does not p e r -
mit contribution by
equal shares, we will
Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 9 o f 11)
contribute by limits. Un-
der this method, each
insurer's share is based
on the ratio o f its a p -
plicable Limit o f Insur-
ance to the total appli-
cable Limits o f Insur-
ance o f all insurers.
(4) No Insurance
(a)If an insured has
any other insur-
ance f o r "bodily
injury" or "proper-
ty damage" due to
non-owned air-
craft or n o n - o w n -
ed watercraft, the
insurance provided
by this policy,
does not apply.
(b)If a joint venture
or partnership that
was terminated or
ended prior to this
policy period has
valid and collectible
insurance that was
purchased specifi-
cally f o r that joint
venture or part-
nership, the insur-
ance provided by
this policy does
not apply.
b. If other valid and collectible
insurance is available to the
injured person f o r a loss we
cover under CoverageC o f
this Coverage Part this i n-
surance is excess over any
other insurance, whether
primary or excess, contin-
gent or on any other basis.

W e will pay only our share
o f the amount o f the loss, if
any, that exceeds the total
amount that all such other
insurance would pay f o r the
loss in the absence o f this
insurance. W e will share the
remaining loss, if any, with
any other insurance that is
not described in this Excess
Insurance provision and was
not bought specifically to
apply in excess o f the Limits
o f Insurance shown in the
Declarations page o f this
Coverage Part.

3. Item6. - Representationsis deleted
in its entirety and replaced by the f o l -
lowing:

6. Representations
By accepting this policy, you
agree:
a. the statements in the D e c-
larations 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 repre-
sentations.

However, if unintentionally you
should fail to disclose all existing
hazards at the inception date o f
your policy, we shall not deny
coverage under this Coverage
Part because o f such failure.

E. SECTION V - DEFINITIONS

1. Item3. is deleted in its entirety and r e -
placed with the following:

3. "Bodily injury"means bodily injury,
sickness, disease or "incidental medical
malpractice" sustained by a person, i n-
cluding mental anguish or death result-
ing from any o f these at any time.

2. The following definition is added:

23. "Incidental medical malpractice"
means injury arising out o f the neg-
ligent rendering or failure to render
medical or paramedical services to
persons by any physician, dentist,
nurse, emergency medical technician
or paramedic who is employed by you
Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 1 0 o f 11)
to provide such services provided you
are not engaged in the business or
occupation o f providing any services
referred to in this definition.

3. Item12. - "Mobile Equipment"is amend-
ed. Itemf. is deleted in it's entirety and
replaced by the following:

12.f.Vehicles not described ina., b.,
c., ord.above maintained primar-
ily f o r purposes other than the
transportation o f persons or ca r-
go.

However, self propelled vehicles
with the following types o f p e r -
manently attached equipment are
not "mobile equipment" but will be
considered "autos":
(1)equipment designed primarily
for:
(a)snow removal;
(b)road maintenance, but
not construction or r e -
surfacing; or
(c)street cleaning;
provided that the vehicles
have a Gross Vehicle Weight
o f 1,000 pounds or greater;
(2) cherry pickers and similar
devices mounted on auto-
mobile or truck chassis and
used to raise or lower
workers;
(3) air compressors, pumps and
generators including spray-
ing, welding, building clean-
ing, geophysical exploration,
lighting and well servicing
equipment.

4. Item14. Personal and Advertising Injury
is deleted in its entirety and replaced by
the following:

14. "Personal and Advertising Injury"
means injury, including consequential
"bodily injury," arising out o f one or
more o f the following offenses:
a. false arrest, detention or impris-
onment;
b. malicious prosecution;
c. the wrongful eviction from,
wrongful entry into, or invasion
o f the right o f private occupancy
o f a room, dwelling or premises
that a person occupies, commit-
ted by or on behalf o f the its
owner landlord or lessor;
d. oral or written publication, in any
manner, o f material that slanders
or libels a person or organization
or disparages a person's or o r -
ganization's goods, products or
services;
e. oral or written publication, in any
manner, o f material that violates a
person's right o f privacy;
f. the use o f another's advertising
idea in your "advertisement";
g. infringing upon another's c o p y -
right, trade dress or slogan in
your "advertisement."
h. discrimination or humiliation that
result in injury to the feelings or
reputation o f a natural person, but
only if such discrimination or hu -
miliation is:
(1)not done intentionally by or
at the direction of:
(a)an insured; or
(b)any "executive officer"
director, stockholder,
partner or member o f
the Insured; and
(2) not directly or indirectly r e -
lated to the employment,
prospective employment or
termination o f employment
o f any person or persons by
any insured.

5. The following definition is added:

24. "Explosion"means a sudden release
o f expanding pressure accompanied
Includes copyrighted material o f ISO Properties, Inc., with its permission.

CG 8 2 1 7 (Ed. 12/04) XS (Page 1 1 o f 11)
by a noise, a bursting forth o f material
and evidence o f the scattering o f d e -
bris to locations further than would
have resulted by gravity alone.

Explosion does not include any o f the
following:
(a)artificially generated electrical
current including electrical arcing,
that disturbs electrical devices,
appliances or wires;
(b)rupture or bursting o f water
pipes;
(c)explosion o f steam boilers, steam
pipes, steam engines or steam
turbines owned or leased by you,
or operated under your control;
or
(d)rupture or bursting caused by
centrifugal force.

C2021-1135 Effective Date /2022
63676 Change Order #
TO:

Contract for:

Approval Recommended by: Approved as to Form by:

Mario Lara, YPCE Director Date Date
Approved by:
, Senior Deputy City Attorney
Approved by:

Contractor Date Christopher Conlin, ACM Date
Approved by:

Mindy Cuppy, City Clerk Date
Contract #
Purchase Order #

CHANGE ORDER
Budget #
443011-2401-19001311
Saenz Landscape Construction Company
OnCall General Contracting Services for Park Operation Projects Description:
$ .00
$2 ,000.00
Upon mutual acceptance of this document the City of Sacramento, hereinafter referred to as "City"' and your firm, hereinafter referred to a "Contractor", in accordance with the terms and conditions of the original contract documents, you are hereby directed to make the following change or changes for the consideration set forth below:

Contract increased by $,000 to allow for additional Park Operation projects to be completed. $200,000.00The original contract sum was:

The contract sum prior to this Change Order was:

The contract sum will beincreasedby this Change Order:

New contract sum including all Change Orders:

Sacramento City CouncilMay 17, 2022

Sacramento City Council
May 17, 2022