City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01679 10/8/2024 Consent Item 11.
Contract: Sacramento EV Blueprint - Vehicle Chargers Project- Phase 3 - Del Paso Heights Library (C15210000)
File ID: 2024-01679
Location: 920 Grand Avenue; District 2; Represented by Councilmember Thao Recommendation: Adopt a Resolution: 1) awarding the construction contract to Jones and Lamberti Builders, Inc. in an amount not to exceed $369,962 for the Sacramento EV Blueprint - Vehicle Chargers - Phase 3 (C15210000) for the Del Paso Heights Library; 2) authorizing the City Manager or the City Manager’s designee to execute the contract specified above; 3) authorizing the City Manager or the City Manager designee to transfer funds to Project C15210000 Sacramento EV Blueprint Phase 2, a) from C13000400, Fund 2401, ADA Compliance Various, in the amount of $101,436 and; b) from I152202100, Fund 2401, SPLA Maintenance (Library Maintenance MYOP), in the amount of $197,369; and 4) if savings are realized from C15210000, Fund 2401, after the project is completed, allocate the savings back to the originating projects.
Contact: Ezra Roati, Senior Architect, (916) 808-5877, [email protected]; David Avila, Supervising Architect, (916) 808-7501, [email protected]; James Christensen, Facilities Manager, (916) 808-5863, [email protected]; Department of Public Works Presenter: None
Attachments:
1-Description/Analysis
2-Contract- Jones and Lamberti Builders, Inc.
3-Resolution
Description/Analysis
Issue Detail: In 2021, the City of Sacramento was awarded a California Energy Commission (CEC) Sacramento Electric Vehicle (EV) Blueprint Grant of which Task 5 of the grant is for EV infrastructure installations. The goal of task 5 is to install at least 34 Level 2 networked EV chargers (for a minimum of 66 EV connectors) across 13 libraries and community centers located within the City, with two- thirds of connectors located within disadvantaged communities. Implementation of this grant will assist the City with EV charger installations, facilitating the City’s alignment with Statewide EV goals.
File ID: 2024-01679 10/8/2024 Consent Item 11.
This project also includes simultaneous work to install accessible parking stalls, accessible path of travel and a complete parking lot resurfacing scope to bring the parking lot up to current code standards.
Phase 3 of the EV Blueprint project will install (1) EV charger, with a total of (1) EV connector at Del Paso Heights Library. Sacramento is uniquely poised to implement and test this program to increase EV charger installations throughout the City, with the goal of increasing electric vehicle adoption and use in the greater Sacramento area. The region, community, and private sector in Sacramento are supportive and successfully collaborating to advance EV deployment in Sacramento, with the goal of installing EV chargers that provide a model for future projects throughout the region and state.
Success in these areas promises to deliver environmental and economic benefits.
This project also includes remodeling the existing accessible parking spaces to meet the current accessible parking code provisions. The scope of work consists of removing existing asphaltic concrete (AC) accessible parking pavement. Upgrade the accessible AC parking stalls with concrete construction, including compliant striping and signage (one) van accessible parking stall and (one) standard accessible parking stall. Upgrade existing on-site built-up ramp to meet accessibility requirements, including cast-in-place truncated domes and curb ramps. Upgrade the existing on-site concrete walkway (path of travel) from the building entrance to Grand Avenue sidewalk and provide wayfinding signage. People with disabilities often travel using regional transit and this project will install an accessible route that allows them to safely reach the facility.
Lastly, this project scope consists of removal and replacement of existing asphaltic (AC) parking pavement (approximately 7,000 sq. ft.), including restripe of the entire parking lot to meet the City of Sacramento Parking Regulations. The improvements will include grading, paving, drainage, irrigation, landscaping, new driveways, walkway within the limits of the parking lot and public right-of-way.
Upgrade of the public improvements at the Public Right of Way (curb, gutter, and sidewalk) along Cypress Street to meet City of Sacramento Standards. This will also include upgrades to the existing driveway to City of Sacramento Standard T-21 sidewalk driveway.
Policy Considerations: The recommendation in this report is in accordance with City Code Section
3.56, which requires City Council approve contracts over $ 250,000 or more.
Economic Impacts: The recommended contract is expected to create 2.74 jobs (1.74 direct jobs and 1.00 jobs through indirect and induced activities) and create $361,276 in total economic output ($231,587 of direct output and another $129,689 of output in indirect and induced activities).
The indicated economic impacts are estimates calculated using a calculation tool developed by the Center for Strategic Economic Research (CSER). CSER utilized the IMPLAN input-output model (2009 coefficients) to quantify the economic impacts of a hypothetical $1 million of spending in various construction categories within the City of Sacramento in an average one-year period. Actual impacts could differ significantly from the estimates and neither the City of Sacramento nor CSER
File ID: 2024-01679 10/8/2024 Consent Item 11.
shall be held responsible for consequences resulting from such differences.
Environmental Considerations:
California Environmental Quality Act (CEQA): The action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15301.
The action involves the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, or mechanical equipment, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The exemption covers interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; and similar facilities; restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. The project qualifies for a Categorical Exemption under Article 19 of CEQA Guidelines Section 15301, existing facilities. No environmental review is necessary, and a Notice of Exemption (NOE) is on-file for all three sites as part of this phase one.
Sustainability: Under the 2040 General Plan, Citywide Goals and Policies- Mobility, this qualifies under M 1.5.5 Support Zero- and Low-Emission Vehicle Adoption. “The City shall continue to collaborate with its State and regional partners to support rapid adoption of zero-emissions and low- emission vehicles, including standardizing infrastructure and regulations for public electric vehicle charging stations…”.
Commission/Committee Action: Not applicable
Rationale for Recommendation: On February 26, 2024, the Department of Public Works Staff issued a Request for Qualifications for On-Call General Contracting Services (Q24014541001). The purpose of the RFQ was to develop a list of qualified on-call general contractors that would be solicited to assist the facilities' staff by delivering larger projects utilizing a variety of delivery methods.
On June 11, 2024, City Council passed Motion No. 2024-0155 approving the creation of a pre- qualified list of On-Call General Contractors. Public Works staff utilized the pre-qualified list of On- Call General Contractors to solicit proposals for the Sacramento EV Blueprint- Vehicle Chargers- Phase 3, Accessible Parking updates and Parking Lot improvements. Two General Contractors from the list were contacted to provide proposals to complete the scope of work. Two contractors submitted a proposal. Staff has reviewed the proposal and supports awarding the construction contract for the Sacramento EV Blueprint- Vehicle Infrastructure Phase 3 Project and Parking Lot Improvements to Jones and Lamberti Builders, Inc. for an amount not to exceed $369,962.
In addition, this project aims to upgrade the Del Paso Heights Library Parking Lot conditions. The existing asphalt, walkways, driveway entrances, drainage improvements, and ADA parking improvements are no longer compliant and have reached their useful life cycle and have deteriorated
File ID: 2024-01679 10/8/2024 Consent Item 11.
beyond repair. The parking lot improvements will worsen if left in place. The parking lot must be replaced as soon as possible to comply with the City and California Building Code requirements. This project is a much-needed upgrade to the Del Paso Heights Library and represents a multi-faceted project that will improve the access and usability of the library for many years to come. City Staff recommends award for construction as outlined above.
Financial Considerations: This contract will involve three separate project funding sources due to the varying scopes of work, which will be transferred to Sacramento EV Blueprint Phase 2 Infrastructure Project C15210000 Fund 3702 Grant funding from the California Energy Commission (CEC). This project has sufficient grant funding for the EV portion, allowing it to be managed under one project.,
Sufficient funds are available and will be transferred from the ADA Compliance Various, C13000400, Fund 2401, in the amount of $101,436 for the ADA parking scope. Sufficient funds are available and will be transferred from Sacramento Public Library Authority (SPLA) Maintenance MYOP, I15220100, Fund 2401, in the amount of $197,369 for the Parking Lot Resurfacing scope. Sufficient funds are allocated to fully execute the recommended construction contract with Jones and Lamberti Builders, Inc. in the not-to-exceed amount of $369,962. Once project is completed the savings would be transferred back to the project fund origin.
The above-described funding amounts do not include funding for the ongoing operation, maintenance, and future repairs of the EV Chargers nor any future Parking Lot Improvements.
Local Business Enterprise (LBE): Jones and Lamberti Builders, Inc. is not an LBE but has partnered with an LBE, Ireland Electric, for this project to meet the minimum LBE participation requirements. Ireland Electric will provide electrical scope of work for this project.
Form approved by City Attorney 6-23-23 1
AGREEMENT
(Construction Contract Over $25,000)
THIS AGREEMENT, dated for identification , 2024, is made and entered into between the CITY OF SACRAMENTO, a municipal corporation (“City”), and Jones & Lamberti Builders , 8757 Auburn Folsom Rd. #2239, Granite Bay , CA, 95746, (“Contractor”) in the amount of THREE HUNDRED SIXTY -NINE THOUSAND NINE HUNDRED SIXTY-TWO DOLLARS AND ZERO CENTS ($369,962.00).
The City and Contractor hereby mutually agree as follows:
1. CONTRACT DOCUMENTS
The Contract Documents, sometimes also referred to as the “Contract,” consist of the following items, which are hereby incorporated by reference as if set forth in full in this Agreement:
Notice to Contractors
Proposal Form submitted by the Contractor
Instructions to Bidders
Subcontractor and Local Business Enterprise Participation Form Drug-Free Workplace Policy and Affidavit
Construction and Demolition (C&D) Debris Recycling Requirements Workers’ Compensation Insurance Certification
Federal or State funding requirements (if applicable)
Local Business Enterprise (LBE) Requirements
Requirements of the Non-Discrimination in Employee Benefits Code Ban-The-Box Requirements
Addenda, if any
This Agreement
Standard Specifications
Special Provisions
Plans and Technical Specifications
The drawings and other data and all developments thereof prepared by City pursuant to the Contract
Any modifications of any of the foregoing made or approved by City, including but not limited to duly authorized change orders
Unless specifically noted otherwise, references to the “Standard Specifications ” shall mean and refer to the Standard Specifications for Public Construction of the City of Sacramento approved by the Sacramento City Council on November 10, 2020 (Resolution No. 2020-0354), and any subsequent amendments thereto approved by the Sacramento City Council or the Sacramento City Manager . Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The table of contents, titles and headings contained in the Contract Documents are provided solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretation of the provisions to which they refer.
Form approved by City Attorney 6-23-23 2
2. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the Standard Specifications shall have the same meaning and intent in this Agreement.
3. AGREEMENT CONTROLS
In the event of a conflict between any of the terms and conditions set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail, except that the provisions of any duly authorized change order shall prevail over any conflicting provisions of this Agreement.
4. SCOPE OF CONTRACT
Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor , material, and transportation necessary to perform and complete in a good and workmanlike manner to the satisfaction of City, all the Work called for in the Contract Documents entitled:
Sacramento EV Blueprint Phase 2 Infrastructure Project-Del Paso Heights Library PN: (C1520050)
Including the Work called for in the following alternative bid items described in the Proposal Form:
Contractor agrees to perform such Work in the manner designated in and in strict conformity with the Contract Documents.
5. CONTRACT AMOUNT AND PAYMENTS
City agrees to pay, and Contractor agrees to accept, as complete payment for the above Work, in accordance with the schedule and procedures set forth in the Contract Documents and subject to deductions, withholdings and additions as specified in the Contract Documents, a total sum that shall not exceed the total bid amount set forth in Contractor’s Proposal Form . In addition, subject to deductions, withholdings, and additions as specified in the Contract Documents , payment for individual items of the Work shall be computed as follows:
A. For items of the Work for which a lump sum price is specified in Contractor’s Proposal Form , Contractor shall be paid the lump sum price(s) specified in Contractor’s Proposal Form; and
B. For items of the Work for which a unit price is specified in Contractor’s Proposal Form, Contractor shall be paid the sum computed at such unit price, or computed at a different price if such different price is determined by City in accordance with the Standard Specifications, based on the actual amount of each such item Form approved by City Attorney 6-23-23 3
performed and/or furnished and incorporated in the Work ; provided that in no event shall the total sum for a unit price item exceed the total bid amount set forth for such item in the Contractor’s Proposal Form, unless authorized by Change Order.
6. PROGRESS PAYMENTS
Subject to the terms and conditions of the Contract, City shall cause payments to be made upon demand of Contractor as follows:
A. On or about the first of the month, the Engineer shall present to the Contractor a statement showing the amount of labor and materials incorporated in the Work through the twentieth (20) calendar day of the preceding month . After both Contractor and Engineer approve the statement in writing, and the City’s labor compliance officer provides written approval, the City shall issue a certificate for ninety-five (95) percent of the amount it shall find to be due, subject to any deductions or withholdings authorized or required under the Contract or a ny applicable Laws or Regulations.
B. No inaccuracy or error in said monthly estimates shall operate to release Contractor from damages arising from such Work or from enforcement of each and every provision of the Contract Documents, and City shall have the right subsequently to correct any error made in any estimate for payment.
C. Contractor shall not be paid for any defective or improper Work.
D. The remaining five (5) percent of the value of the Work performed under the Contract, if unencumbered and subject to any deductions or withholdings authorized or required under the Contract or any applicable Laws or Regulations, shall be released not later than sixty (60) days after completion and final acceptance of the Work by City. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising under the Contract Documents, except for disputed claims in stated amounts that the Contractor specifically reserves in writing , but only to the extent that the Contractor has complied with all procedures and requirements applicable to the presentation and processing of such claim(s) under the Contract Documents. Contractor shall be entitled to substitute securities for retention or to direct that payments of retention be made into escrow, as provided in Public Contract Code Section 22300, upon execution of the City’s Escrow Agreement for Security Deposits in Lieu of Retention.
E. The parties agree that, for purposes of the timely progress payment requirements specified in Public Contract Code Section 20104.50, the date that the City receives a statement jointly approved by the Contractor and the Engineer as provided above shall be deemed to constitute the date that City receives an undisputed and properly submitted payment request from the Contractor. Progress payments not made within 30 days after this date may be subject to payment of interest as provided in Public Contract Code Section 20104.50.
Form approved by City Attorney 6-23-23 4
F. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations, as specified in California Labor Code section 1771.4.
7. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR
When, under the provisions of this Contract or any applicable Laws or Regulations, City is authorized or required to withhold, deduct, or charge any sum of money against Contractor, City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate(s), or from any other moneys due or that may become due Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges, City shall have the right to recover the balance from Contractor or its Sureties.
8. COMMENCEMENT AND PROSECUTION OF WORK
Contractor shall commence the Work not later than fifteen (15) working days after the date of the written Notice to Proceed from City to Contractor and shall diligently prosecute the W ork t o final completion. The phase “ commence the W ork” means to engage in a continuous program on- site including, but not limited to, site clearance, grading, dredging, land filling and the fabrications, erection, or installation of the Work.
The Notice to Proceed shall be issued within fifteen (15) calendar days following execution of the Agreement by the City and the filing by Contractor of the required Bonds and proof of insurance, provided that the Engineer may delay issuance of the Notice to Proceed if the Engineer determines in the Engineer’s sole discr etion that conditions on the site of the Work are unsuitable for commencement of the Work . After the Notice to Proceed is issued, the continuous prosecution of Work by Contractor shall be subject only to Excusable Delays as defined in this Agreement.
9. TIME OF COMPLETION
The entire Work shall be brought to completion in the manner provided for in the Contract Documents on or before NINTY (90) CALENDAR days from the date of the Notice to P roceed (hereinafter called the “ Completion Date”) unless extensions of time are granted in accordance with the Contract Documents.
Failure to complete the entire Work by the Completion Date and in the manner provided for in the Contract Documents shall subject Contractor to liquidated damages as provided in this Agreement. Time is and shall be of the essence in the performance of the Contract and the Work.
10. PAYMENTS DO NOT IMPLY ACCEPTANCE OF WORK
The payment of any progress payment, or the acceptance thereof by Contractor, shall not constitute acceptance of the Work or any portion thereof and shall in no way reduce the liability of Contractor to replace unsatisfactory work or material, whether or not the unsatisfactory character of such work or material was apparent or detected at the time such payment was made.
Form approved by City Attorney 6-23-23 5
11. ACCEPTANCE NOT RELEASE
Contractor shall correct immediately any defective or imperfect work or materials that may be discovered before final acceptance of the entire Work, whether or not such defect or imperfection was previously noticed or identified by the City . The inspection of the Work, or any part thereof, shall not relieve Contractor of any of its obligations to perform satisfactory work as herein specified.
Failure or neglect on the part of City or any of its officers, employees or authorized agents to discover, identify, condemn or reject defective or imperfect work or materials shall not be construed to imply an acceptance of such work or materials , if such defect or imperfection becomes evident at any time prior to final acceptance of the entire Work, nor shall such failure or neglect be construed as barring City from enforcing Contractor’s warranty(ies) or otherwise recovering damages or such a sum of money as may be required to repair or rebuild the defective or imperfect work or materials whenever City may discover the same , subject only to any statu tes of limitation that may apply to any such claim.
12. CITY'S RIGHT TO TAKE POSSESSION OF THE WORK IN WHOLE OR IN PART
The City shall have the right at any time to enter upon the Work and perform work not covered by this Contract, or to occupy and use a portion of the Work, prior to the date of the final acceptance of the Work as a whole, without in any way relieving Contr actor of any obligations under this Contract.
13. NO WAIVER OF REMEDIES
Neither the inspection by City , its officers, employees or agents, nor any certificate or other approval for the payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by City, nor any extensions of time, nor any position taken by City, its officers, employees or its agents shall operate as a waiver of any provision of the Contract Documents nor of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in the Contract Documents shall be taken and construed as cumulative; in addition to each and every other remedy herein provided, the City shall have any and all equitable and legal remedies that it would in any case have.
14. WARRANTY
Except as otherwise expressly provided in the Contract Documents, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all Work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the Work, or otherwise provided as a part of the Work pursuant to the Contract, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire Work by the City. Contractor shall repair or replace all work or material, toge ther with any other work or material that may be displaced or damaged in so doing, that may prove Form approved by City Attorney 6-23-23 6
defective in workmanship or material within this one-year warranty period without expense or charge of any nature whatsoever to City.
In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair.
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition th at constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair.
The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City.
In addition to the above, the Contractor shall make a written assignment of all manufacturers and other product warranties to the City, prior to completion and final acceptance of the Work by City.
The Contractor’s Performance Bond shall secure the performance of the Contractor’s obligations under this Section 14 , and the Contractor and its Surety shall be jointly and severally liable for these obligations.
15. LIQUIDATED DAMAGES IF WORK NOT COMPLETED ON TIME
A. The actual fact of the occurrence of damages and the actual amount of the damages that City would suffer if the entire Work, and/or any specified portion thereof, were not completed within the time(s) specified herein are dependent upon many circumstances and conditions that could prevail in various combinations, and for this reason, it is impracticable and extremely difficult to fix the actual damages. Damages that City would suffer in the event of such delay include: loss of the use of the project; expenses of prolonged assignment to the project of an architectural and /or engineering staff; prolonged costs of administration, inspection, and supervision; increased operational expenses and/or impaired operation of other facilities dependent upon completion of the project; and the loss and inconvenience suffered by the public within the City of Sacramento by reason of the delay in the completion of the project or portion thereof. Accordingly, the parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the amount(s) set forth herein as liquidated damages reflect the parties’ best efforts at the time of entering into the Contract to estimate the damages that may be incurred by City and the public due to the Contractor’s delay in completion of the Work and/or any specified portion thereof, and shall be presumed to be the amount of damages sustained by the failure of Contractor to complete the entire Work and/or any specified portion thereof within the time(s) specified herein.
Form approved by City Attorney 6-23-23 7
B. Contractor shall pay liquidated damages to City for failure to complete the entire Work by the Completion Date (as extended in accordance with the Contract Documents, if applicable) in the amount of $ 1000.00 a day for each calendar day after the Completion Date (as extended in accordance with the Contract Documents, if applicable) , continuing to the time at which the entire Work is completed. Such amount is the actual cash value agreed upon by the City and Contractor as the loss to City and the public resulting from Contractor's default.
The parties agree, and by execution of this Agreement, Contractor acknowledges that it understands and agrees, that the foregoing provisions provide for the imposition of liquidated damages from the Completion Date (as extended in accordance with the Contr act Documents, if applicable) until the date of completion of the entire Work as determined by the Engineer in accordance with Section 8-4 of the Standard Specifications, whether or not the Work or any portion thereof is claimed or determined to be substantially complete prior to such date of completion.
C. In the event Contractor shall become liable for liquidated damages, City, in addition to all other remedies provided by law, shall have the right to withhold any and all payments that otherwise would be or become due Contractor until the liability of Contractor under this section is finally determined. City shall have the right to use and apply such payments, in whole or in part, to reimburse City for all liquidated damages due or to become due to City. Any remaining balance of such payments shall be p aid to Contractor only after discharge in full of all liability incurred by Contractor under this section or otherwise under any provision of the Contract Documents or any applicable Law or Regulation. If the sum so retained by City is not sufficient to discharge all such liabilities of Contractor, Contractor shall continue to remain liable to City until all such liabilities are satisfied in full.
No failure by City to withhold any payment as specified above shall in any manner be construed to constitute a release of any such liabilities nor a waiver of the City’s right to withhold payment for such liabilities.
16. INDEMNITY AND HOLD HARMLESS
A. Contractor shall defend, hold harmless and indemnify the City, its officers, employees, and agents, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, whether arising on or off the site of the Work, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way connected with performance of or failure to perform the Work by the Contractor, any subcontractor or agent, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, whether or not (i) such Liabilities are Form approved by City Attorney 6-23-23 8
caused in part by a party indemnified hereunder , or (ii) such Liabilities are litigated, settled or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense to the extent arising from (i) the sole negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, or (ii) the active negligence of City.
B. The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City’s rights under this Section 16, nor shall the limits of such insurance limit the liability of Contractor hereunder. The provisions of this Section 16 shall survive any expiration or termination of the Contract.
17. CONTRACTOR SHALL ASSUME RISKS
Until the completion and final acceptance by City of all Work under this Contract, the Work shall be under Contractor's responsible care and charge, and Contractor, at no cost to City, shall rebuild, repair, restore and make good all injuries, damages, re- erections, and repairs occasioned or rendered necessary by accidental causes of any nature, to all or any portions of the Work.
18. GENERAL LIABILITY OF CONTRACTOR
Except as otherwise herein expressly stipulated, Contractor shall perform all the Work and furnish all the labor, materials, tools, equipment, apparatus, facilities, transportation, power and light, and appliances, necessary or proper for performing and completing the Work herein required in the manner and within the time herein specified. The mention of any specific duty or liability of Contractor shall not be construed as a limitation or restriction of any general liability or duty of Contractor, and any reference to any specific duty or liability shall be construed to be solely for the purpose of explanation.
19. INSURANCE
During the entire term of the Contract, Contractor shall maintain the insurance coverage described in this Section 19.
Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified for the Work performed by Contractor under this Contract. No additional compensation will be provided for Contractor’s insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City.
It is understood and agreed by the Contractor that its liability to the City shall not in any way be limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract.
Form approved by City Attorney 6-23-23 9
A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Contractor and its subcontractors, products and completed operations of Contractor and its subcontractors, and premises owned, leased, or used by Contractor and its subcontractors, with limits of not less than two million dollars ($2 ,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy.
(2) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than one million dollars ($1 ,000,000) per accident. The policy shall provide coverage for owned, non- owned, and/or hired autos as appropriate to the operations of the Contractor.
No automobile liability insurance shall be required if Contractor completes the following certification:
“I certify that a motor vehicle will not be used in the performance of any work or services under this agreement.” ________ (Contractor initials)
(3) Excess Insurance : The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall appl y on a primary basis for the benefit of the CITY, and any insurance or self- insurance maintained by CITY, its officials, employees, or volunteers shall be in excess of such umbrella or excess coverage and shall not contribute with it.
(4) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers’ Compensation policy shall include a waiver of subrogation in favor of the City.
No Workers’ Compensation insurance shall be required if Contractor completes the following certification:
Form approved by City Attorney 6-23-23 10
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to provide Workers' Compensation insurance.” _________
(Contractor initials)
B. Additional Insured Coverage
(1) Commercial General Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Contractor and its subcontractors; products and completed operations of Contractor and its subcontractors; and premises owned, leased, or used by Contractor and its subcontractors.
(2) Automobile Liability Insurance: The City, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.
C. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
(1) Contractor’s insurance coverage, including excess insurance, shall be primary insurance as respects City, its officials, employees, and volunteers. Any insurance or self- insurance maintained by City, its officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees, or volunteers.
(3) Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(4) City will be provided with thirty (30) days written notice of cancellation or material change in the policy language or terms.
D. Acceptability of Insurance
Insurance shall be placed with insurers with a Bests’ rating of not less than A:VI. Self- insured retentions, policy terms or other variations that do not comply with the requirements of this Section 3 must be declared to and approved by the City in writing prior to execution of this Contract.
E. Verification of Coverage
Form approved by City Attorney 6-23-23 11
(1) Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Copies of policies shall be delivered to the City on demand. Certificates of insurance shall be signed by an authorized representative of the insurance carrier.
(2) For all insurance policy renewals during the term of this Contract, Contractor shall send insurance certificates reflecting the policy renewals directly to:
City of Sacramento
c/o EXIGIS LLC
P.O. Box 947
Murrieta, CA 92564
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to:
[email protected]
(3) The City may withdraw its offer of contract or cancel this Contract if the certificates of insurance and endorsements required have not been provided prior to execution of this Contract. The City may withhold payments to Contractor or cancel the Contract if the insurance is canceled or Contractor otherwise ceases to be insured as required herein.
F. Subcontractors
Contractors shall require and verify that all subcontractors maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subsection A, above.
20. FAILURE TO MAINTAIN BONDS OR INSURANCE
If, at any time during the performance of this Contract, Contractor fails to maintain any item of the bonds and/or insurance required under the Contract in full force and effect, Contractor shall immediately suspend all work under the Contract and notify City in writing of such failure. After such notice is provided, or if City discovers such failure and notifies Contractor, the City thereafter may withhold all Contract payments due or that become due until notice is received by City that such bonds and/or insurance have been restored in full force and effect and that the premiums therefor have been paid for a period satisfactory to the Division of Risk Management. Contractor shall not resume work until notified by City to do so , and the City shall have no responsibility or liability for any costs incurred by Contractor as a result of such suspension of Work.
In addition to the foregoing, any failure to maintain any item of the required bonds and/or insurance at any time during the performance of this Contract will be sufficient cause for termination of the Contract by City.
Form approved by City Attorney 6-23-23 12
The Contractor shall be solely responsible for, and shall defend, indemnify, and hold harmless the City, its officers, employees and agents against and from, any and all damages, claims, losses, actions, costs or other expenses of any kind incurred by any party as a direct or indirect result of any suspension of Work or terminatio n of the Contract under the provisions of this Section.
21. EXCUSABLE DELAYS
For the purpose of these Contract Documents, the term "Excusable Delay" shall mean, and is limited to, delay caused directly by : acts of God; acts of a public enemy; fires; inclement weather as determined by the Engineer; riots; insurrections; epidemics; quarantine restrictions; strikes; lockouts; sitdowns; acts of a governmental agency; priorities or privileges established for the manufacture, assemble, or allotment of materials necessary in the Work by order, decree or otherwise of the United States or by any department, bureau, commission, committee, agent, or admin istrator of any legally constituted public authority; changes in the Work ordered by City insofar as they necessarily require additional time in which to complete the Work; the prevention of Contractor from commencing or prosecuting the Work because of the acts of others, excepting Contractor's subcontractors or suppliers; or the prevention of Contractor from commencing or prosecuting the Work because of a Citywide failure of public utility service.
The term "Excusable Delay" shall specifically not include: (i) any delay that could have been avoided by the exercise of care, prudence, foresight and diligence on the part of Contractor; (ii) any delay in the prosecution of any part of the Work that does not constitute a Controlling Operation, whether or not such delay is unavoidable; (iii) any reasonable delay resulting from time required by City for review of any Contractor submittals and for the making of surveys, measurements and inspection; and, (iv) any delay arising from an interruption in the prosecution of the Work on account of reasonable interference by other Contractors employed by City that does not necessarily prevent the completion of the entire Work within the time specified. Excusable Delays, if any, shall operate only to extend the Completion Date (not in excess of the period of such delay as dete rmined by City) and shall not under any circumstances increase the amount City is required to pay Contractor except as otherwise provided in these Contract Documents.
22. CONTRACTOR TO SERVE NOTICE OF DELAYS
Whenever Contractor foresees any delay in the prosecution of the Work, and in any event as soon as possible (not to exceed a period of ten (10) calendar days) after the initial occurrence of any delay that Contractor regards as or may later claim to be an Excusable Delay, the Contractor shall notify the Engineer in writing of such delay and its cause, in order that the Engineer : (i) may take immediate steps to prevent if possible the occurrence or continuance of the delay ; or (ii) if this cannot be done, may determine whether the delay is to be considered excusable, how long it continues, and to what extent the prosecution and completion of the Work are delayed thereby. Said written notice shall constitute an application for an extension of time only if the notice requests Form approved by City Attorney 6-23-23 13
such an extension and sets forth the Contractor's estimate of the additional time required together with a full description of the cause of the delay relied upon.
After the completion of any part or whole of the Work, the Engineer, in estimating the amount due Contractor, will assume that any and all delays that may have occurred in its prosecution and completion were not Excusable Delays, except for such delays for which the Contractor has provided timely written notice as required herein, and that the Engineer has found to be excusable. Contractor shall not be entitled to claim Excusable Delay for any delay for which the Contractor failed to provide such timely written notice.
23. EXTENSION OF TIME
If the Contractor complies with Section 22, above, and the Engineer finds a delay claimed by the Contractor to be an Excusable Delay, the Contractor shall be allowed an extension of time to complete the Work that is proportional to the period of Excusable Delay determined by the Engineer, subject to the approval by City of a change order granting such time extension. During a duly authorized extension for an Excusable Delay, City shall not charge liquidated damages against the Contractor for such delay.
If the City extends the time to complete the Work as provided herein, such extension shall in no way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such extension of time relieve or release the sureties of the Bonds provided pursuant to the Contract Doc uments. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extension of time. The granting of any extension of time as provided herein shall in no way operate as a waiver on the part of City of its rights under this Contract, excepting only extension of the Completion Date for such period of Excusable Delay as may be determined by the Engineer and approved by a duly authorized change order.
24. NO PAYMENT FOR DELAYS
No damages or compensation of any kind shall be paid to Contractor or any subcontractor because of delays in the progress of the Work whether or not such delays qualify for extension of time under this Agreement; except that this provision shall not preclude the recovery of damages for a delay caused by the City that is unreasonable under the circumstances and that is not within the contemplation of the parties, provided that the Contractor timely submits all such written notice(s) and fully complies with such other procedures as may be specified in the Contract Documents or any Laws or Regulations for Contractor to claim damages for such delay.
25. CHANGES IN THE WORK
Changes in the Work authorized or directed in accordance with the Contract Documents and extensions of time of completion made necessary by reason thereof shall not in any way release any warranty or guarantee given by Contractor pursuant to the provisions of the Contract Documents, nor shall such changes in the Work relieve or release the Sureties on Bonds provided pursuant to the Contract Documents. By executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such change in Work and to any extension of time made by reason thereof.
Form approved by City Attorney 6-23-23 14
26. TERMINATION AFTER COMPLETION DATE
In addition to any other rights City may have, if any services or work required under the Contract (including but not limited to punch list items) are not completed as of the Completion Date (as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents), City may terminate the Contract at any time after the Completion Date ( as adjusted by any extensions of time for Excusable Delays granted pursuant to the Contract Documents ), by providing a written notice to Contrac tor specifying the date of termination. Such notice also may specify conditions or requirements that Contractor must meet to avoid termination of the Contract on such date. If Contractor fails to fulfill all such conditions and requirements by such termination date, or, if no such conditions or requirements are specified, Contractor shall cease rendering services and performing work on such termination date and shall not be entitled to receive any compensation for services rendered or work performed after such termination date. In the event of such termination, Contractor shall remain liable to City for liquidated damages incurred for any period of time prior to the termination date.
In addition to any other charges, withholdings or deductions authorized under the Contract or any Laws or Regulations, if City terminates the Contract pursuant to this section, City may withhold and deduct from any payment and/or retention funds otherwise due Contractor any sum necessary to pay the City's cost of completing or correcting, or contracting for the completion or correction of, any services or work under the Contract that are not completed to the satisfaction of the City or that otherwise are deficient or require correction as of such termination date, including but not limited to incomplete punch list items. Such costs shall include all of the City’s direct and indirect costs incurred to complete or correct such services or work, including the City’s administrative and overhead costs. If the amount of payment(s) and/or retention funds otherwise due the Contractor are insufficient to pay such costs, City shall have the right to recover the balance of such costs from the Contractor and/or its Surety(ies).
27. TERMINATION FOR CONVENIENCE
Upon written notice to the Contractor, the City may at any time, without cause and without prejudice to any other right or remedy of the City, elect to terminate the Contract for the convenience of City. In such case, the Contractor shall be paid (without duplication of any items, and after deduction and/or withholding of any amounts authorized to be deducted or withheld by the Contract Documents or any Law s or Regulations):
A. For Work executed in accordance with the Contract Documents prior to the effective date of termination and determined to be acceptable by the Engineer , including fair and reasonable sums for overhead and profit on such Work;
B. For reasonable claims, costs, losses, and damages incurred in settlement of terminated contracts with subcontractors, suppliers, and others; and
C. For reasonable expenses directly attributable to termination.
Form approved by City Attorney 6-23-23 15
Contractor shall not be paid for any loss of anticipated profits or revenue for any Work not performed prior to termination, nor for any economic loss arising out of or resulting from such termination, except for the payments listed in this section. Contra ctor’s warranty under Section 14 of this Agreement shall apply, and Contractor shall remain responsible for all obligations related to such warranty, with respect to all portions of the Work performed prior to the effective date of the termination for convenience pursuant to this section. The City shall be entitled to have any or all remaining Work performed by ot her contractors or by any other means at any time after the effective date of a termination for convenience pursuant to this section.
28. TERMINATION FOR BREACH OF CONTRACT
If Contractor abandons the Work under this Contract, or if the Contract or any portion of the Contract is sublet or assigned without the consent of the City, or if the Engineer determines in the Engineer’s sole discretion that the conditions of the Contract in respect to the rate of progress of the Work are not being fulfilled or any part thereof is unnecessarily delayed, or if Contractor violates or breaches, or fails to execute in good faith, any of the terms or conditions of the Contract, or if Contracto r refuses or fails to supply enough properly skilled labor or materials or refuses or fails to make prompt payment to subcontractors for material or labor, or if Contractor disregards any Laws or Regulations or proper instruction or orders of the Engineer, then, notwithstanding any provision to the contrary herein, the City may give Contractor and its Sureties written notification to immediately correct the situation or the Contract shall be terminated.
In the event that such notice is given, and, in the event such situation is not corrected, or arrangements for correction satisfactory to the City are not made, within ten (10) calendar days from the date of such notice or within such other period of time as may be specified by the City in the notice, the Contract shall upon the expiration of said period cease and terminate. In the event of any such termination, City may take over the Work and prosecute the Work to completion, or otherwise, and the Contractor and its Sureties shall be liable to City for any cost occasioned City thereby, as hereinafter set forth.
In the event City completes the Work, or causes the Work to be completed, no payment of any kind shall be made to Contractor until the Work is complete. The cost of completing the Work, including but not limited to, extra costs of project administration and management incurred by City, both direct or indirect, shall be deducted from any sum then due, or that becomes due, to Contractor from City. If sums due to Contractor from City are less than the cost of completing the Work, Contractor and its Sureties shall pay City a sum equal to this difference on demand. In the event City completes the Work, and there is a sum remaining due to Contractor after City deducts the costs of completing the Work, then City shall pay such sum to Contractor. The Contractor and Contractor’s Sureties shall be jointly and severally liable for all obligations imposed on Contractor hereunder.
No act by City before the Work is finally accepted, including, but not limited to, exercise of other rights under the Contract, actions at law or in equity, extensions of time, payments, assessments of liquidated damages, occupation or acceptance of any part of the Work, waiver of any prior breach of the Contract or failure to take action pursuant to Form approved by City Attorney 6-23-23 16
this section upon the happening of any prior default or breach of Contractor, shall be construed to be a waiver or esto ppel of the City’s right to act pursuant to this Section upon any subsequent event, occurrence or failure by Contractor to fulfill the terms and conditions of the Contract. The rights of City to terminate the Contract pursuant to this Section and pursuant to Sections 26 and 27 are cumulative and are in addition to all other rights of City pursuant to the Contract and at law or in equity.
29. CONTRACTOR BANKRUPT
If Contractor should commence any bankruptcy proceeding, or if Contractor is adjudged a bankrupt, or if Contractor makes any assignment for the benefit of creditors, or if a receiver is appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice as provided in Section 28 above.
30. SURETIES’ OBLIGATIONS UPON TERMINATION
If the City terminates the Contract pursuant to Section 28 or Section 29 above:
A. The Surety under Contractor’s performance bond shall be fully responsible for all of the Contractor’s remaining obligations of performance under the Contract as if the Surety were a party to the Contract, including without limitation Contractor’s obligations, as provided in the Contract Documents, to complete and provide a one-year warranty of the entire Work , pay liquidated damages and indemnify, defend and hold harmless City, up to the full amount of the performance bond.
B. The Surety under Contractor’s payment bond shall be fully responsible for the performance of all of the Contractor’s remaining payment obligations for work, services, equipment, or materials performed or provided in connection with the Work or any portion thereof, up to the full amount of the payment bond.
31. ACCOUNTING RECORDS OF CONTRACTOR
During performance of the Contract and for a period of three (3) years after completing the entire Work, Contractor shall maintain all accounting and financial records related to the Contract and performance of the Work in accordance with generally accepted accounting practices and shall keep and make such records available for inspection and audit by representatives of the City upon reasonable written notice.
Form approved by City Attorney 6-23-23 17
32. USE TAX REQUIREMENTS
During the performance of this Agreement, CONTRACTOR, for itself, its assignees, and successors in interest, agrees as follows:
A. Use Tax Direct Payment Permit : For all leases and purchases of materials, equipment, supplies, or other tangible personal property used to perform the Agreement and shipped from outside California, the Contractor and any subcontractors leasing or purchasing such materials, equipment, supplies or other tangible personal property shall obtain a Use Tax Direct Payment Permit from the California State Board of Equalization (“SBE”) in accordance with the applicable SBE criteria and requirements.
B. Sellers Permit: For any construction contract and any construction subcontract in the amount of $5,000,000 or more, Contractor and the subcontractor(s) shall obtain sellers permits from the SBE and shall register the jobsite as the place of business for the purpose of allocating local sales and use tax to the City. Contractor and its subcontractors shall remit the self- accrued use tax to the SBE, and shall provide a copy of each remittance to the City.
C. The above provisions shall apply in all instances unless prohibited by the funding source for the Agreement.
33. NON-DISCRIMINATION IN EMPLOYEE BENEFITS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.54, Non -Discrimination in Employee Benefits by City Contractors. The Contract Documents include a summary of the requirements of Sacramento City Code Chapter
3.54, entitled “Requirements of the Non-Discrimination in Employee Benefits Code.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.54. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.5 4 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equitable remedies.
34. CONSIDERING CRIMINAL CONVICTION INFORMATION IN THE EMPLOYMENT
APPLICATION PROCESS
This Agreement may be subject to the requirements of Sacramento City Code Chapter
3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. The Contract Documents include a summary of the requirements of Sacr amento City Code Chapter 3.62, entitled “Ban- The-Box Requirements.” By signing this Agreement, Contractor acknowledges and represents Form approved by City Attorney 6-23-23 18
that Contractor has read and understands these requirements and agrees to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62. If requested by City, Contractor agrees to promptly provide such documents and information as may be required by City to verify Contractor’s compliance. Any violation by Contractor of Sacramento City Code Chapter 3.62 constitutes a material breach of this Agreement, for which the City may terminate the Agreement and pursue all available legal and equ itable remedies. Contractor agrees to require its subcontractors to fully comply with all applicable requirements of Sacramento City Code Chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code Chapter 3.62.
Proposal Date: 8/21/24
CSI CODE TRADE South Natomas NOTES
CONC WASHOUT / SWPPP / TRAFFIC CONTROL /
ENCROACHMENT PERMIT: $12,800 Installation and maintenance of required site protection. 323000 SITEWORK - Parking lot resurface: $126,109
323000 SITEWORK - ADA Parking: $48,888
323000 SITEWORK - Blueprints $61,865
323000 ELECTRICAL: $48,535
Furnish and Install one ChargePoint EV charger CP6011B-50A- L5.5 single charge station. Furnish and install one Tesco panel, 27- 100 based off the one line on E-001 note 2. If 200A panel is required, will be an additional cost. New 1 ¼” conduit secondary to SMUD transformer pad. New secondary conduit limited to 35ft; actual SMUD TPAD needs to be located. Trenching and required circuitry for the EV charger is included. Traffic rated Christy box is included.
328000 LANDSCAPE/IRRIGATION REPAIRS $8,000 Budget number for landscape and irrigation rework. 323000 SIGNAGE / STRIPING / WHEEL STOPS: $5,943
15-ea Single white lines, 2-ea single blue lines, 2-ea ADA ground symbols, 1-ea 8' crosshatch w/12" No Parking, 1-ea 5' crosshatch w/12" No Parking, 1-ea 12" EV Charging Only, 1-ea 25' striped crosshatch path of travel. 2-ea ADA signs/posts (1-van), 1-ea 4 hour parking sign with Van accessible sign, vehicle must be plugged in sign on post. 1-ea Open for public use sign & post, 2- ea dual sided path of travel signs/posts, 1-ea R100B entrance towing sign/post, 3-ea 6' concrete wheel stops.
Subtotal Hard Costs $312,140
Contractor's Costs:
GENERAL CONDITIONS / GENERAL REQUIREMENTS: $24,200
GC Insurance $5,322
BOND FEE $6,700
GC Fee/Profit $21,600
Total Contractor's Costs $57,822
Total Contract Amount $369,962
$151,822
$78,028
$140,112
PARKING LOT RESURFACE:
ADA PARKING:
EVCS BLUEPRINTS:
City of Sacramento - EV Charger
Del Paso Heights Library
Excludes ripping & processing of existing grade, export of excess spoils in AC parking lot (bid includes AB & AC removal only).
Excludes unsuitable dirt offhaul, geofabric, erosion control.
BREAKOUT
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 e ndorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement 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 PERIO D 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
8/30/2024
HUB International Insurance Services Inc.
PO Box 255387
Sacramento CA 95865
Taylor Green
916-480-4156 916-993-7256
[email protected]
License#: 0757776 Hartford Fire Insurance Company 19682 JONE&LA-02 Hartford Accident and Indemnity Company 22357 Jones & Lamberti Builders, Inc.
8757 Auburn Folsom Road, #2239
Granite Bay CA 95746
Hartford Casualty Insurance Company 29424
Everest Premier Insurance Company 16045
2074097811
A X 1,000,000
X 300,000
5,000
1,000,000
2,000,000
X
X See Below
Y 57 UEA BE4982 4/30/2024 4/30/2025
2,000,000
B 1,000,000
X
X X
Y 57 UEA BE4983 4/30/2024 4/30/2025
C X 10,000,000
X
57 RHA BE5861 4/30/2024 4/30/2025
10,000,000
D X
Y
Y 7600024453241 6/1/2024 4/30/2025
1,000,000
1,000,000
1,000,000
(*General Liability deductible of $5,000 applies to Property Damage per any one occurrence.) RE: Sacramento EV Blueprint Phase 2- Del Paso Heights
Additional Insured: The City of Sacramento, its officials, employees, and volunteers where required by written contract. Insurance is primary and noncontributory. Policies provide for 30 Days Notice of Cancellation, except 10 Days for Non-payment of Premium.
Forms: HA9916 1221, HS2450 1220, HS2480 0713, WC040306
City of Sacramento
c/o EXIGIS LLC
PO Box 947
Murrieta CA 92564
COMMERCIAL AUTOMOBILE
HA 99 16 12 21
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form HA 99 16 12 21 Page 1 of 5
© 2021, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
Paragraph .1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add the following:
d. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
e. Employees as Insureds
(1). Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
f. Lessors as Insureds
(1). The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(a) The agreement requires you to
provide direct primary insurance for
the lessor and
(b) The "auto" is leased without a
driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
g. Additional Insured if Required by Contract
(1) When you have agreed, in a written
contract or written agreement, that a
person or organization be added as an
additional insured on your business auto
policy, such person or organization is an
"insured", but only to the extent such
person or organization is liable for
"bodily injury" or "property damage"
caused by the conduct of an "insured"
under paragraphs a. or b. of Who Is An
Insured with regard to the ownership,
maintenance or use of a covered "auto."
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(a) During the policy period, and
(b) Subsequent to the execution of such
written contract, and
POLICY NUMBER: 57 UEA BE4983
(c) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS – OF SECTION IV –
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
2. Primary and Non-Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in A.1.g. - Additional
Insured If Required by Contract, the
following provisions apply:
(1) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(2} Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (1) and (2) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have
no duty to defend the insured against any
"suit" if any other insurer has a duty to
defend the insured against that "suit". If no
other insurer defends, we will undertake 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
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, by
the method described in SECTION IV-
Business Auto Conditions, B. General
Conditions, Other Insurance 5.d.
3. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The SECTION IV- Business Auto Conditions, B.
General Conditions, 5. OTHER INSURANCE
Condition is amended by adding the following:
e. If an "employee’s" personal insurance also
applies on an excess basis to a covered
"auto" hired or rented by your "employee" on
your behalf and at your direction, this
insurance will be primary to the
"employee’s" personal insurance.
Form HA 99 16 12 21 Page 3 of 5
4. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
5. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss"
caused by fire or lightning. Hired Auto Physical
Damage coverage is excess over any other
collectible insurance. Subject to the above limit,
deductible and excess provisions, we will
provide coverage equal to the broadest
coverage applicable to any covered "auto" you
own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
6. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
7. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan
or lease; and carry-over balances from previous
loans or leases.
8. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
9. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely by
use of the power from the "auto's" electrical
system that, at the time of "loss", is:
(1) Permanently installed in or upon the
covered "auto";
(2) Removable from a housing unit which is
permanently installed in or upon the
covered "auto";
(3) An integral part of the same unit housing
any electronic equipment described in
Paragraphs (1) and (2) above; or
(4) Necessary for the normal operation of the
covered "auto" or the monitoring of the
covered "auto's" operating system.
b. Section III, Physical Damage Coverage,
Limit of Insurance, Paragraph C.2. is
amended to add the following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
s
olely for the reproduction of sound, and
accessories used with such equipment) that
reproduces, receives or transmits audio,
visual or data signals which, at the time of
"loss", is:
(1) Permanently installed in or upon the
covered "auto" in a housing, opening or
other location that is not normally used
by the "auto" manufacturer for the
installation of such equipment;
(2) Removable from a permanently installed
housing unit as described in Paragraph
2.a. above or is an integral part of that
equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be
limited to electronic equipment only, our
obligation to pay for, repair, return or replace
damaged or stolen electronic equipment will
be reduced by the applicable deductible
shown in the Declarations, or $250,
whichever deductible is less.
10. EXTRA EXPENSE - BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
11. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of
SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
12. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of
SECTION III - PHYSICAL DAMAGE COVERAGE,
the following is added:
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
13. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,
CLAIM, SUIT OR LOSS - of SECTION IV -
BUSINESS AUTO CONDITIONS that you must
notify us of an "accident" applies only when the
"accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
14. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
15. HIRED AUTO - COVERAGE TERRITORY
SECTION IV, BUSINESS AUTO CONDITIONS,
PARAGRAPH B. GENERAL CONDITIONS, 7. -
POLICY PERIOD, COVERAGE TERRITORY -
is added to include the following:
(6) For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
16. WAIVER OF SUBROGATION
Paragraph 5. TRANSFER OF RIGHTS OF
RECOVERY AGAINST OTHERS TO US - of
SECTION IV - BUSINESS AUTO CONDITIONS
A. Loss Conditions is amended by adding the
following:
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
17. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS, C. is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
18. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
Form HA 99 16 12 21 Page 5 of 5
19. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a. If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or
natural gas, we will pay an additional 10%,
to a maximum of $2,500, of the "non-hybrid"
auto’s actual cash value or replacement
cost, whichever is less,
b. The auto must be replaced and a copy of a
bill of sale or new lease agreement received
by us within 60 calendar days of the date of
"loss,"
c. Regardless of the number of autos deemed
a total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a. A "non-hybrid" auto is defined as an auto
that uses only an internal combustion engine
to move the auto but does not include autos
powered solely by electricity or natural gas.
b. A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
20. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
ABCD E FGH I
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .
CONTRACTORS BROAD FORM ENDORSEMENT
This endor sement modif ies insur ance pr ovided under the f ollow ing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
1. Alienated Pr emises Cover age .................................................................................................................... 1
2. Damage To Your Wor k .............................................................................................................................. 1
3. That Par ticular Par t .................................................................................................................................... 1
4. Contr actor s Limited Pr of essional Liability ................................................................................................... 2
5. Per Pr oject and Per Location Gener al Aggr egate Limits Of Insur ance ........................................................ 2
6. Medical Payments Cover age - Including Pr oducts - Completed Oper ations ............................................... 3
7. Injur y To Employee's Reputation With Respect To Incidental Medical Malpr actice .................................... 3
8. Bodily Injur y Employee Suits ...................................................................................................................... 4
9. Consolidated Insur ance (Wr ap-Up) Pr ogr ams. ........................................................................................... 4
10. Access Or Disclosur e Of Conf idential Or Per sonal Inf or mation And Data-Related Liability ........................ 5
11. Supplementar y Payments .......................................................................................................................... 5 12 . Tw o Or Mor e Cover age Par ts Or Policies Issued By Us ............................................................................. 6
13. Notice of Cancellation to Cer tif icate Holder s .............................................................................................. 6
14. Contr actual Liability Cover age For Per sonal And Adver tising Injur y ........................................................... 6
15. Insur ed Contr act Def inition ......................................................................................................................... 6 of the insur ed , r egar dless of w hether the 1 . ALIENATED PREMISES COVERAGE "pr oper ty damage" ar ises f r om br each ofExclusion j. Damage To Pr oper ty of Section I - contr act.Cover age A is amended as f ollow s: B. Exclusion l. Damage To Y our Wor k ofa. The f ollow ing exception to the exclusion is Section I - Cover age A is r eplaced by thedeleted: f ollow ing:
Par agr aph (2) of this exclusion does not apply l. Damage to Y our Wor kif the pr emises ar e "your w or k" and w er e "Pr oper ty damage" to that par ticular par tnever occupied, r ented or held f or r ental by of "your w or k" that must be r estor ed,you. r epair ed or r eplaced because "your w or k"b. This exception is r eplaced by the f ollow ing: w as incor r ectly per f or med and included in the "pr oducts-completed oper ationsPar agr aph (2) of this exclusion does not apply hazar d".if the pr emises ar e "your w or k".
This exclusion does not apply if the damaged2. DAMAGE TO Y OUR WORK w or k or the w or k per f or med incor r ectly w asA. Section I - Cover age A - Bodily Injur y And per f or med on your behalf by a subcontr actor .Pr oper ty Damage Liability, Par agr aph 1.
This Par agr aph 2.B. does not apply if ExclusionInsur ing Agr eement is amended to add the l. Damage To Y our Wor k has been other w isef ollow ing:
modif ied by endor sement.f. Damages because of "pr oper ty damage"
3. THAT PARTICULAR PARTinclude damages the insur ed becomes legally obligated to pay because of This Par agr aph
3. applies to Exclusion j.
"pr oper ty damage" to "your w or k" or Damage to Pr oper ty , subpar agr aphs (5) , and (6) ,caused by "your w or k", and such "pr oper ty Exclusion k. Damage to Y our Pr oduct , anddamage" shall be deemed to be caused Exclusion l. Damage to Y our Wor k .by an "occur r ence", if not intended or expected f r om the standpoint
For m HS 24 50 12 20 © 2020, The Har tf or d Page 1 of 7 POLICY NUMBER: 57 UEA BE4982
When per f or ming oper ations as a "gener al af f or ded under this Cover age Par t is excess over contr actor ", the ter m that par ticular par t shall not such other valid and collectible Pr of essional mean the entir e constr uction, impr ovement or Liability insur ance (including any deductible or r enovation pr oject. For pur poses of this pr ovision, self -insur ed r etention por tion ther eof ), and any the ter m "gener al contr actor " means the other valid and collectible insur ance available to contr actor signing the pr ime constr uction contr act the insur ed w hether pr imar y, excess, contingent f or a constr uction, er ection, impr ovement or or on any other basis. r enovation pr oject and that has main r esponsibility
5. PER PROJECT AND PER LOCATION GENERALf or such pr oject including hir ing all of the AGGREGATE LIMITS OF INSURANCEsubcontr actor s and supplier s. A. For all sums w hich the insur ed becomes4. CONTRACTORS LIMITED PROFESSIONAL legally obligated to pay as damages causedLIABILITY by "occur r ences" under Section I - Cover age The f ollow ing exclusion is added to Par agr aph 2., A , and f or all medical expenses caused by Exclusions of Section I - Cover age A - Bodily accidents under Section I - Cover age C, Injur y And Pr oper ty Damage Liability, and to w hich can be attr ibuted only to ongoing Par agr aph 2., Exclusions of Section I - oper ations at a single "pr oject" or a single "location";
Cover age B - Per sonal And Adver tising Injur y
Liability: 1. A separ ate Per Pr oject Gener al
Aggr egate Limit or a separ ate PerThis insur ance does not apply to "bodily injur y", Location Gener al Aggr egate Limit applies"pr oper ty damage" or "per sonal and adver tising to each "pr oject" or "location", w hicheverinjur y" ar ising out of the r ender ing of or f ailur e to is applicable. The Per Pr oject Gener alr ender any pr of essional ser vices by you w ith Aggr egate Limit and Per Locationr espect to your pr oviding engineer ing, Aggr egate Limit is equal to the amount ofar chitectur al or sur veying ser vices in your the Gener al Aggr egate Limit show n in thecapacity as an engineer , ar chitect or sur veyor .
Declar ations.Pr of essional ser vices include:
2. The Per Pr oject Gener al Aggr egate Limit(1) The pr epar ing, appr oving, or f ailing to pr epar e or the Per Location Gener al Aggr egateor appr ove, maps, shop dr aw ings, opinions, Limit, w hichever applies, is the most w er epor ts, sur veys, f ield or der s, change or der s, w ill pay f or the sum of all damages underor dr aw ings and specif ications; and Cover age A. except damages because of(2) Super visor y or inspection activities per f or med "bodily injur y" or "pr oper ty damage"as a par t of any r elated ar chitectur al or included in the "pr oducts-completedengineer ing activities. oper ations hazar d", and f or medical This exclusion applies even if the claims against expenses under Cover age C r egar dless any insur ed allege negligence or other w r ongdoing of the number of ; in the super vision, hir ing, employment, tr aining or a. Insur eds;monitor ing of other s by that insur ed, if the b. Claims made or "suits" br ought; or"occur r ence" w hich caused the "bodily injur y" or "pr oper ty damage", or the of f ense w hich caused c. Per sons or or ganizations making the "per sonal and adver tising injur y", involved the claims or br inging "suits". r ender ing of or f ailur e to r ender any pr of essional 3. Any payments made under Cover age Aser vices by you w ith r espect to your pr oviding f or damages or under Cover age C fo rengineer ing, ar chitectur al or sur veying ser vices in medical expenses shall r educe the Peryour capacity as an engineer , ar chitect or Pr oject Gener al Aggr egate Limit f or thatsur veyor . "pr oject" or the Per Location Gener al This exclusion does not apply to your oper ations Aggr egate f or that "location", w hichever in connection w ith constr uction w or k per f or med by applies. Such payments shall not r educe you or on your behalf . the Gener al Aggr egate Limit show n in the Declar ations, the Per Pr oject Gener alHow ever , this exception to the exclusion w ill not Aggr egate Limit f or any other "pr oject", orapply if you ar e in the business or pr of ession of the Per Location Gener al Aggr egate Limitpr oviding the pr of essional ser vices descr ibed f or any other "location".above independent f r om the constr uction w or k per f or med by you or on your behalf .
4. The limits show n in the Declar ations f or
Each Occur r ence, Damage To Pr emisesIn the event this insur ance applies to any injur y, Rented To You and Medical Expensedamage, loss, cost or expense cover ed by continue to apply. How ever , instead ofPr of essional Liability insur ance issued by a company unaf f iliated w ith us, then the insur ance
being subject to the Gener al Aggr egate 2. "Location" means a pr emises an insur ed Limit show n in the Declar ations, such limits ow ns or r ents and w her e such insur ed w ill be subject to the applicable Per Pr oject per f or ms business oper ations other than Gener al Aggr egate Limit if attr ibutable only constr uction-r elated oper ations. Each to ongoing oper ations at a single "pr oject" "location" involving the same or connecting or the Per Location Gener al Aggr egate if lots, or pr emises w hose connection is attr ibutable only to ongoing oper ations at a separ ated by a str eet, r oadw ay, w ater w ay single "location". or r ight-of -w ay r ailr oad shall be consider ed a single "location." "Location" does notB. For all sums w hich the insur ed becomes legally include a pr emises that is a "pr oject".obligated to pay as damages caused by This pr ovision does not apply if the Per Pr oject and the"occur r ences" under Section I - Cover age A Per Location Gener al Aggr egate Limit has beenand f or all medical expenses caused by other w ise modif ied by endor sement.accidents under Section I - Cover age C , w hich cannot be attr ibuted only to ongoing 6. MEDICAL PAY MENTS COVERAGE - INCLUDINGoper ations at a single "pr oject" or a single PRODUCTS-COMPLETED OPERATIONS"location"; Par agr aph 1.a. of the Insur ing Agr eement -1. Any payments made under Cover age A fo r Cover age C is r eplaced by the f ollow ing:damages or under Cover age C f or medical 1. Insur ing Agr eementexpenses shall r educe the amount available under the Gener al Aggr egate Limit or the
a. We w ill pay medical expenses as descr ibed
Pr oducts-Completed Oper ations Aggr egate below f or "bodily injur y" caused by an Limit, w hichever is applicable; and accident:
2. Such payments shall not r educe any Per (1) On pr emises you ow n or r ent; Pr oject Gener al Aggr egate Limit or any Per (2) On w ays next to pr emises you ow n orLocation Gener al Aggr egate Limit. r ent; C. When cover age f or liability ar ising out of the (3) Because of your oper ations; or"pr oducts-completed oper ations hazar d" is (4) Included w ithin the def inition of thepr ovided, any payments f or damages because "pr oducts-completed oper ationsof "bodily injur y" or "pr oper ty damage" included hazar d;"in the "pr oducts-completed oper ations hazar d" w ill r educe the Pr oducts-Completed Oper ations pr ovided that:
Aggr egate Limit, and not r educe the Gener al (1) The accident takes place in theAggr egate Limit,or any Per Pr oject Gener al "cover age ter r itor y" and dur ing theAggr egate Limit or any Per Location Gener al policy per iod;Aggr egate Limit. (2) The expenses ar e incur r ed andD. The pr ovisions of Section III - Limits Of r epor ted to us w ithin thr ee year s of theInsur ance not other w ise modif ied by this date of the accident; andendor sement shall continue to apply as (3) The injur ed per son submits tostipulated. examination, at our expense, byE. For the pur poses of Par agr aph 5., the f ollow ing physicians of our choice as of ten as w edef initions apply: r easonably r equir e. "Pr oject" means a pr emises an insur ed does not 7. INJURY TO EMPLOY EE'S REPUTATION WITHow n or r ent and w her e such insur ed per f or ms RESPECT TO INCIDENTAL MEDICALconstr uction-r elated oper ations. Each "pr oject" MALPRACTICEinvolving the same or connecting lots, or A. The f ollow ing is added to Par agr aph 1.e. of thepr emises w hose connection is separ ated by a Insur ing Agr eement - Cover age A :str eet, r oadw ay, w ater w ay, r ailr oad or r ight-of -w ay shall be consider ed a single
(3) With r espect to incidental medical
"pr oject". malpr actice, "bodily injur y" includes
damages claimed f or injur y to emotions or1. If a "pr oject" has been abandoned and then r eputation of an "employee" ar ising out ofr estar ted, or if the author ized contr acting the r ender ing or f ailur e to r enderpar ties deviate f r om plans, bluepr ints, pr of essional health car e ser vices as adesigns, specif ications or timetables, the physician, dentist, nur se, emer gency"pr oject" shall be consider ed a single medical technician or par amedic ser vices."pr oject". "Pr oject" does not include a pr emises that is a "location".
For m HS 24 50 12 20 Page 3 of 7
"Bodily injur y" or "pr oper ty damage" r esulting B. The f ollow ing exclusion is added to Cover age f r om "r epair w or k" or "punch list w or k" at aB - Per sonal and Adver tising Injur y :
"w r ap pr oject or pr emises" but only w hen the"Per sonal and adver tising injur y ar ising out of applicable "consolidated insur ance (w r ap-up)the r ender ing or f ailur e to r ender pr of essional pr ogr am" does not apply or no longer applieshealth car e ser vices as a physician, dentist, to such "r epair w or k" or "punch list w or k".nur se, emer gency medical technician or This exception does not apply to the cost ofpar amedic. per f or ming such "r epair w or k" or "punch list8. BODILY INJURY EMPLOY EE SUITS w or k", or to the "r epair w or k" or "punch listA . "Bodily injur y" as listed in Par agr aph 2.a.(1) of w or k" itself .
Section II - Who Is An Insur ed, does not D. Additional Insur ed Extension apply to 2.a.(1)(a) thr ough 2.a.(1)(c). "Bodily injur y" or "pr oper ty damage" f or w hichB. Par t a. of Par agr aph 4. Nonowned Water cr af t you ar e solely an additional insur ed under thein Section II - Who Is An Insur ed does not "consolidated insur ance (w r ap-up) pr ogr am".apply. The cover age pr ovided under Par agr aphs 9.A9. CONSOLIDATED INSURANCE (WRAP-UP) thr ough 9.D. above is subject to all ter ms,PROGRAMS conditions and exclusions of this policy.
The f ollow ing exclusion is added to Section I For pur poses of Par agr aph 9, the f ollow ingCover age A : def initions apply:
This insur ance does not apply to any "bodily injur y" "Consolidated insur ance (w r ap-up) pr ogr am"or "pr oper ty damage" ar ising out of any "w r ap means any agr eement or ar r angement, includingpr oject or pr emises" w her e an insur ed under this any contr actor -contr olled, ow ner -contr olled,policy is or w as also an insur ed under one or mor e pr oject-specif ic or similar insur ance pr ogr am undercommer cial gener al liability (CGL) policies w hich one or mor e contr actor (s) w or king on a(including any umbr ella or excess policies that specif ied pr oject ar e insur ed under one or mor einclude the commer cial gener al liability policy(ies) commer cial gener al liability (CGL) policiesas under lying insur ance) included w ithin a (including any umbr ella or excess policies that"consolidated insur ance (w r ap-up) pr ogr am." This include the commer cial gener al liability policy(ies)exclusion applies even if the limits of insur ance f or as under lying insur ance) issued by a specif iedsuch "consolidated insur ance (w r ap-up) pr ogr am" car r ier f or injur y or damage ar ising out ofar e exhausted or not collected f or any r eason, oper ations conducted in connection w ith orincluding bankr uptcy or insolvency of the insur er necessar y or incidental to the pr oject.pr oviding cover age f or the "consolidated insur ance "Insur ed's oper ations" means all oper ations(w r ap-up) pr ogr am". This exclusion also applies if per f or med by a named insur ed (and notthe CGL cover age af f or ded under the sub-contr acted or per f or med by other s on the"consolidated insur ance (w r ap-up) pr ogr am" is insur ed's behalf ).nar r ow er in scope than the cover age pr ovided by this policy. "Punch list w or k" means the "insur ed's oper ations" at or in connection w ith a "w r ap pr oject orThis exclusion does not apply to: pr emises" in or der to complete the w or k called f orA. Pr oducts-Completed Oper ations Hazar d in an insur ed's contr act f or the "w r ap pr oject orException pr emises". "Bodily injur y" or "pr oper ty damage" ar ising out "Repair w or k" means the "insur ed's oper ations"of an "insur ed's oper ations" at or in connection that ar e ser vice, maintenance, cor r ection, r epair ,w ith a "w r ap pr oject or pr emises" w hen such r eplacement w or k, or per iodic"bodily injur y" or "pr oper ty damage" inspection per f or med by an insur ed at or incommences af ter the "pr oducts-completed connection w ith a "w r ap pr oject or pr emises", inoper ations hazar d" cover age or any completed or der to r eplace or r epair an insur ed's completedoper ations extension cover age pr ovided by the wo rk .applicable "consolidated insur ance (w r ap-up) "Wr ap pr oject or pr emises" means any pr emises orpr ogr am" has ended or is no longer in ef f ect. constr uction, er ection, impr ovement or r enovationB. Of f -Site Location Exception pr oject subject to a "consolidated insur ance (w r ap-up) pr ogr am"."Bodily injur y" or "pr oper ty damage" r esulting f r om an "insur ed's oper ations" at or in 10. ACCESS OR DISCLOSURE OF CONFIDENTIALconnection w ith a "w r ap pr oject or pr emises" at OR PERSONAL INFORMATION AND DATA-a location to w hich the applicable "consolidated RELATED LIABILITYinsur ance (w r ap-up) pr ogr am" does not apply.
C. Repair Wor k And Punch List Wor k
Exception
A. Exclusion p . of Section I - Cover age A - C. The f ollow ing Par agr aph is added to Section Bodily Injur y And Pr oper ty Damage Liability III - Limits Of Insur ance:
is r eplaced by the f ollow ing: Subject to Par agr aph 5. Each Occur r ence p. Access Or Disclosur e Of Conf idential Limit , the most w e w ill pay under Cover age A Or Per sonal Inf or mation And f or "pr oper ty damage" because of all loss of "electr onic data" ar ising out of any oneData-Related Liability "occur r ence" is $100,000, unless modif ied byDamages ar ising out of : endor sement.(1) Any access to or disclosur e of any D. The f ollow ing def inition is added to Section Vper son's or or ganization's conf idential - Def initions:or per sonal inf or mation, including patents, tr ade secr ets, pr ocessing "Electr onic data" means inf or mation, f acts or methods, customer lists, f inancial pr ogr ams:
inf or mation, cr edit car d inf or mation,
a. Stor ed as or on;health inf or mation or any other type of b. Cr eated or used on; ornonpublic inf or mation; or c. Tr ansmitted to or f r om;(2) the loss of , loss of use of , damage to, cor r uption of , inability to access, or computer sof tw ar e, (including systems and inability to manipulate "electr onic data" applications sof tw ar e) har d or f loppy disks, that does not r esult f r om physical CD-ROMS, tapes, dr ives, cells, data injur y to tangible pr oper ty. pr ocessing devices or any other media w hich ar e used w ith electr onically contr olledThis exclusion applies even if damages equipment.ar e claimed f or notif ication costs, cr edit monitor ing expenses, f or ensic expenses,
E. For the pur poses of the cover age pr ovided by
public r elations expenses or any other this pr ovision, the def inition of "pr oper ty loss, cost or expense incur r ed by you or damage" in Section V - Def initions is other s ar ising out of that w hich is r eplaced by the f ollow ing:
descr ibed in Par agr aph (1) or (2) above. "Pr oper ty damage" means:
How ever , unless Par agr aph (1) above a. Physical injur y to tangible pr oper ty,applies, this exclusion does not apply to including all r esulting loss of use of thatliability f or damages because of "bodily pr oper ty. All such loss of use shall beinjur y". deemed to occur at the time of the B. Exclusion w. of Section 1 - Cover age B - physical injur y that caused it; Per sonal and Advetising Injur y is r eplaced b. Loss of use of tangible pr oper ty that is notby the f ollow ing: : physically injur ed. All such loss of use shall be deemed to occur at the time ofw. Access Or Disclosur e Of Conf idential the "occur r ence" that caused it; orOr Per sonal Inf or mation c. Loss of , loss of use of , damage to,"Per sonal and adver tising injur y" ar ising cor r uption of , inability to access, orout of any access to or disclosur e of any inability to pr oper ly manipulate "electr onicper son's or or ganization's conf idential or data", r esulting f r om physical injur y toper sonal inf or mation, including patents, tangible pr oper ty. All such loss oftr ade secr ets, pr ocessing methods, "electr onic data" shall be deemed to occurcustomer lists, f inancial inf or mation, cr edit at the time of the "occur r ence" that causedcar d inf or mation, health inf or mation or any it.other type of nonpublic inf or mation.
For the pur poses of this insur ance, "electr onicThis exclusion applies even if damages data" is not tangible pr oper ty.ar e claimed f or notif ication costs, cr edit monitor ing expenses, f or ensic expenses, 11. SUPPLEMENTARY PAY MENTSpublic r elations expenses or any other In the Supplementar y Payments - Cover ages Aloss, cost or expense incur r ed by you or and B pr ovision:other s ar ising out of any access to or disclosur e of any per son's or or ganization's The limit f or the cost of bail bonds is incr eased to conf idential or per sonal inf or mation. $2,500.
For m HS 24 50 12 20 Page 5 of 7
12. TWO OR MORE COVERAGE PARTS OR (2) Assumed in a contr act or agr eement that is an "insur ed contr act", pr ovided thePOLICIES ISSUED BY US "per sonal and adver tising injur y" occur sIf this policy and any other policy issued to an subsequent to the execution of theinsur ed by us or any af f iliated company pr ovides contr act or agr eement. Solely f or thecover age that applies to the same claim or pur poses of liability assumed in andamages, the maximum applicable limit(s) of "insur ed contr act", r easonable attor neyliability or limit of insur ance under all the policies f ees and necessar y litigation expensesw ill not exceed the highest applicable limit of incur r ed by or f or a par ty other than anliability or limit of insur ance under any one policy. insur ed ar e deemed to be damagesThis condition does not apply to any policy issued because of "per sonal and adver tisingby us or an af f iliated company specif ically w r itten injur y", pr ovided:to apply as excess insur ance over this policy. (a) Liability to such par ty f or , or f or the13. NOTICE OF CANCELLATION TO CERTIFICATE cost of , that par ty's def ense has alsoHOLDER(S) been assumed in the same "insur edThis policy is subject to the f ollow ing additional contr act"; andConditions: (b) Such attor ney f ees and litigationA. If this policy is cancelled by the Company, expenses ar e f or def ense of that par tyother than f or nonpayment of pr emium, notice against a civil or alter native disputeof such cancellation w ill be pr ovided at least r esolution pr oceeding in w hichthir ty (30) days in advance of the cancellation damages to w hich this insur anceef f ective date to the cer tif icate holder (s) w ith applies ar e alleged.mailing addr esses on f ile w ith the agent of 15. INSURED CONTRACT DEFINITIONr ecor d or the Company. a. INSURED CONTRACT-CONSTRUCTIONB. If this policy is cancelled by the Company f or OPERATIONS AND MUNICIPAL WORKnonpayment of pr emium, or by the insur ed, notice of such cancellation w ill be pr ovided Par agr aph d. of the def inition of ''insur ed
w ithin (10) days of the cancellation ef f ective contr act'' in Section V - Def initions is deleted date to the cer tif icate holder (s) w ith mailing and r eplaced by the f ollow ing:
addr esses on f ile w ith the agent of r ecor d or An obligation, as r equir ed by or dinance, tothe Company. indemnif y a municipality.
If notice is mailed, pr oof of mailing to the last b. CONTRACTUAL LIABILITYknow n mailing addr ess of the cer tif icate holder (s) Par agr aph f. of the def inition of "insur edon f ile w ith the agent of r ecor d or the Company w ill contr act" is deleted and r eplaced by thebe suf f icient pr oof of notice. f ollow ing:Any notif ication r ights pr ovided by this That par t of any other contr act or agr eementendor sement apply only to active cer tif icate per taining to your business (including anholder (s) w ho w er e issued a cer tif icate of indemnif ication of a municipality in connectioninsur ance applicable to this policy's ter m. w ith w or k per f or med f or a municipality) underFailur e to pr ovide such notice to the cer tif icate w hich you assume the tor t liability of anotherholder (s) w ill not amend or extend the date the par ty to pay f or "bodily injur y", "pr oper tycancellation becomes ef f ective, nor w ill it negate damage", or "per sonal and adver tising injur y"cancellation of the policy. Failur e to send notice to a thir d per son or or ganization. Tor t liabilityshall impose no liability of any kind upon the means a liability that w ould be imposed by lawCompany or its agents or r epr esentatives. in the absence of any contr act or agr eement.
14. CONTRACTUAL LIABILITY COVERAGE FOR Par agr aph f. includes that par t of any contr actPERSONAL AND ADVERTISING INJURY or agr eement that indemnif ies a r ailr oad f or Exclusion e. of SECTION I - COVERAGE B "bodily injur y", "pr oper ty damage", or PERSONAL AND ADVERTISING INJURY "per sonal and adver tising injur y" ar ising out of LIABILITY is r eplaced by the f ollow ing: constr uction or demolition oper ations, w ithin 50 f eet of any r ailr oad pr oper ty and af f ectingThis insur ance does not apply to: any r ailr oad br idge or tr estle, tr acks,e. Contr actual Liability r oad-beds, tunnel, under pass or cr ossing. "Per sonal and adver tising injur y" f or w hich the How ever , Par agr aph f. does not includeinsur ed has assumed liability in a contr act or that par t of any contr act or agr eement:agr eement. This exclusion does not apply to (1) That indemnif ies an ar chitect,liability f or damages: engineer or sur veyor f or injur y or(1) That the insur ed w ould have in the damage ar ising out of :absence of the contr act or agr eement; or
(a) Pr epar ing, appr oving, or f ailing to (2) Under w hich the insur ed, if an pr epar e or appr ove, maps, shop ar chitect, engineer or sur veyor , dr aw ings, opinions, r epor ts, assumes liability f or an injur y or sur veys, f ield or der s, change damage ar ising out of the insur ed's or der s or dr aw ings and r ender ing or f ailur e to r ender specif ications; or pr of essional ser vices, including those listed in
(1) above and super visor y,(b) Giving dir ections or instr uctions, or inspection, ar chitectur al orf ailing to give them, if that is the engineer ing activities.pr imar y cause of the injur y or damage; or
All other ter ms and conditions in the policy r emain
unchanged.
For m HS 24 50 12 20 Page 7 of 7
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - OPTION I
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Designated Project(s) Or Location(s) Or Organization(s): Of Covered Operations:
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. (3)With respect to those person(s) or organization(s) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- f. Any Otherpolicy to them, Subparagraph , completed operations hazard", but only if:
Party Additional Insureds When,u n d e rt h e (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Paragraph of such coverage to such additional
Who Is An Insured is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule; and
(b)Any other person or organization who is not This Coverage Part provides a. e.an insured under Paragraphs through coverage for "bodily injury" or above, but only with respect to liability for "property damage" included within the "bodily injury", "property damage" or "personal "products-completed operations and advertising injury" caused, in whole or i nh a zard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule applies:
(1) In the performance of your ongoing (1) Only if the "bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or location(s) designated in advertising injury" offense is committed:
the Schedule; (a) During the policy period; and
(2) In connection with your premises owned (b) Subsequent to the execution of suchby or rented to you and shown in the written contract or written agreement;Schedule; or and Form HS 24 80 07 13 Page 1 of 2
© 2013, The Hartford
(Includes copyrighted material of Insurance Services Office, Inc., with its permission.) 57 UEA BE4982
(c) When You Add Others As An AdditionalPrior to the expiration of the period of Insured To This Insurancetime that the written contract or written agreement requires such insurance (a) Primary Insurance When Required By be provided to the additional insured. Contract
(2) Only to the extent permitted by law; and This insurance is primary if you have agreed (3) Will not be broader than that which you in a written contract or written agreement that are required by the written contract or this insurance be primary. If other insurance written agreement to provide for such is also primary, we will share with all that additional insured. other insurance by the method described in (c)Paragraph below. This insurance does notWith respect to the insurance afforded to the apply to other insurance to which theperson(s) or organization(s) that are additional additional insured in the Schedule has been insureds under this endorsement, the added as an additional insured.following additional exclusion applies:
(b) Primary And Non-Contributory To OtherThis insurance does not apply to "bodily Insurance When Required By Contractinjury", "property damage" or "personal and advertising injury" arising out of the rendering This insurance is primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering or surveying available to an additional insured under your services, including: policy provided that:
(1) (i)The preparing, approving, or failing to The additional insured in the Schedule is prepare or approve maps, shop drawings, a Named Insured under such other opinions, reports, surveys, field orders, insurance; and change orders, designs or specifications; (ii) You have agreed in a written contract or or written agreement that this insurance
(2) Supervisory, inspection, architectural or would be primary and would not seek engineering activities. contribution from any other insurance available to the additional insured in theThe limits of insurance that apply to the additional Schedule.insured shown in the Schedule are described in the (c) Method Of SharingLimits Of Insurance section.
How this insurance applies when other insurance is If all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition in this method also. Under this approach, each Commercial General Liability Conditions, except as insurer contributes equal amounts until it has otherwise amended below. paid its applicable limit of insurance or none of the loss remains, whichever comes first.B. With respect to insurance provided to the person(s) or organization(s) that are additional If any of the other insurance does not permit When You insureds under this endorsement, the contribution by equal shares, we will Add Others As An Additional Insured To This contribute by limits. Under this method, each Insurance Othersubparagraph, under the insurer's share is based on the ratio of its Condition of applicable limit of insurance to the total General Liability Conditions is replaced with the applicable limits of insurance of all insurers. following: All other terms and conditions in the policy remain unchanged.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
ANY PERSON OR ORGANIZATION FOR WHOM THE
NAMED INSURED HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS WAIVER
BLANKET WAIVER OF SUBROGATION
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 06/01/2024 Policy No. 7600024453241 Endorsement No. 001 Insured: Jones And Lamberti Builders Inc
Premium $ INCL.
Insurance Company: Everest Premier Insurance Company
Countersigned By:
- 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. 6 RESOLUTION NO. 2024-XXXX
Adopted by the Sacramento City Council
Sacramento EV Blueprint- Vehicle Chargers Project- Phase 3- Del Paso Heights Library (C15210000)
BACKGROUND
A. The Sacramento EV Blueprint Task 5 Project aims to install additional Electrical Vehicle (EV) chargers to encourage the further adoption and use of electric vehicles. The Phase 2 improvements include 1 new EV charger handle and the associated infrastructure at Del Paso Heights Library. This project also includes separate funding for ADA parking improvements and parking lot resurfacing.
B. Various grant funding and rebates have been secured such as California Energy Commission (CEC), Sacramento Metro Air Quality Management District (SMAQMD) and Sacramento Metro Utility District (SMUD) and to complete the project, City match funding is required. This gap funding so far has been secured and procured to cover Phase 2 from Measure U funds. Funding is also being provided by the ADA Improvement Fund (C13000400 ADA F2401) and the Sacramento Public Library (SPLA) Maintenance Fund (I152202100).
C. Ratification of fund transfers from the Citywide ADA project C13000400 ADA Compliance Various, and I15220100 SPLA Maintenance (Library Maintenance MYOP) in addition to current grant funds for the Sacramento EV Blueprint project based on total scope of the project for a of $480,950 into CIP C152100000 Sacramento EV Blueprint Phase2 parent project to cover all costs needed to deliver the scope of this project.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1: The City Manager or the City Manager’s designee is authorized to: Award a construction contract to Jones and Lamberti Builders, Inc. in an amount not to exceed $369,962 for the Sacramento EV Blueprint - Vehicle Chargers - Phase 3 (C15210000) for the Del Paso Heights Library.
Section 2: Transfer $101.436 from C13000400 ADA Compliance Various Fund 2401 to CIP C15210000 Sacramento EV Blueprint Phase2. This transfer is required to deliver the ADA portion of the project and facilitate the construction contract with Jones and Lamberti Builders, Inc.
Section 3: Transfer $197,369 from I15220100 SPLA Maintenance (Library Maintenance MYOP) Fund 2401 to CIP C15210000 Sacramento EV Blueprint Phase2. This transfer is required to deliver the Parking lot renewal portion of the project and facilitate the construction contract with Jones and Lamberti Builders, Inc.
Section 4: Transfer any savings are realized from C15210000, Fund 2401, after the project has been completed allocate the savings back to the originating projects C13000400 ADA Compliance Various or I15220100 SPLA Maintenance (Library Maintenance MYOP).
Section 5: Resetting the City Manager’s authority for fund transfer into the C15210050 project.