City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-00853 4/29/2025 Item 19.
Contract: Lavender Heights Water Main Replacement Project File ID: 2025-00853
Location: Citywide
Recommendation: Adopt a Resolution: 1) approving the contract plans and specifications for the Lavender Heights Water Main Project (Z14130404) under the Distribution Main Rehabilitation Program Z14130400; 2) authorizing the Interim City Manager or designee to execute a City Agreement with Navajo Pipelines, Inc. for construction services for the Lavender Heights Water Main Project, determined by a Guaranteed Maximum Price (GMP) of $3,010,040 acceptable to the City; and 3) approving budget transfers from the Combined Sewer System Pipe Program (X14170100, Fund 6021) in the amount of $352,780 and Central City Impact Fee (CCIF, Fund 3210) in the amount of $421,800 to Distribution Main Rehabilitation Program Z14130400 for the Lavender Heights Water Main Project (Z14130404).
Contact: Julia McBride, Associate Engineer, (916) 808-1802, [email protected]; Michelle Carrey, Supervising Engineer, (916) 808-1438, [email protected]; Sherill Huun, Engineering Division Manager, [email protected], (916) 808-1455, Pravani Vandeyar, Director, (916) 808-3765, [email protected]; Department of Utilities
Presenter: None
Attachments:
1-Description/Analysis
2-Contract
3-Resolution
Description/Analysis
Issue Detail: Staff recommends approval of the GMP negotiated between Navajo Pipelines, Inc. and the Department of Utilities (DOU) design team for the construction services phase of the Lavender Heights Water Main Replacement Project (Project), a Sacramento Area Council of Governments’ (SACOG) Green Means Go (GMG) Program project..
Policy Considerations: City Council suspended competitive bidding for this project in staff report
File ID: 2025-00853 4/29/2025 Item 19.
2024-01515 to allow an alternative Request For Proposals bidding process. Council awarded the Design Assist contract and pre-construction services to Navajo Pipelines, Inc. in staff report 2024- 01943. The staff report provided that following completion of pre-construction services and agreement on a GMP acceptable to the City, staff would submit a recommendation to City Council to authorize the Interim City Manager or designees to execute the construction services phase of the Design-Assist Contract.
Economic Impacts: This project is expected to create 12.04 total jobs (6.92 direct jobs and 5.12 jobs through indirect and induced activities) and create $1,858,504.05 in total economic output ($1,171,429.31 of direct output and another $687,074.74 of output through 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 shall be held responsible for consequences resulting from such differences.
Environmental Considerations: The subject project was reviewed and determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301 and 15302. This project consists of the operation, repair and minor alteration of existing public or private facilities used to provide public utility services involving negligible expansion of use [15301(b)]; and the replacement of existing utility systems and facilities involving negligible or no expansion of capacity [15302(c)].
Sustainability: The proposed Project is consistent with the 2040 General Plan PFS-4 as its purpose is to ensure a reliable supply of high-quality water that meets projected needs within the City’s place of use. Proactive maintenance of utility systems ensure built capacity matches need and that improvements accommodate new development. This Project also improves the sustainability, resilience, and reliability of water infrastructure.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: After years of advocacy, Assembly Bill (AB) 140 and Senate Bill (SB) 170, were passed which included approval of critical funding for actions that enable housing goals to be achieved. Through AB 140, $600 million was allocated for the Regional Early Action Planning Grants Program, while SB 170 allocated an additional $4 million to Sacramento Area Council of Governments’ (SACOG) Green Means Go (GMG) Program. SACOG’s Green Means Go Program is a multi-year pilot that aims to lower greenhouse gas emissions, stimulate economic growth, and improve quality of life in the six-county Sacramento region by providing state funding to
File ID: 2025-00853 4/29/2025 Item 19.
projects that create more infill housing, increase mobility, and reduce vehicle emissions. The Lavender Heights Water Main Replacement Project design started after the DOU was awarded $1,015,000 in grant funding through the GMG Program.
In discussions with SACOG, it was brought to DOU’s attention that additional budget cuts to GMG project grant funds may be on the horizon and could start as early as January 2025. To date, 6.2% of the original grant award has been cut from the Lavender Heights Water Main Replacement Project.
The approved Design-Assist contract will expedite construction to ensure the City capitalizes on the remaining grant funding. Grant funds are available as soon as construction services are awarded.
Financial Considerations: The primary funding source for the Design-Assist contract for construction activities is the Distribution Main Rehab Program (CIP) (Z14130400, Fund 6005) where funding is provided for the Lavender Heights Water Main Replacement Project. The recommendations in this report support awarding a construction amount not-to-exceed of $3,010,040 determined by a GMP acceptable to the City. Staff recommends transferring funding from the Combined Sewer System Pipe Program (X14170100, Fund 6021) in the amount of $352,780 and Central City Impact Fee (CCIF, Fund 3210) in the amount of $421,800. Sufficient funding will be available after the transfers have been made. The secondary funding source for the Design-Assist contract is the SACOG GMG Grant. The grant funding is allotted mostly for construction and construction management and inspection services tasks.
The table below shows Project funding allocations and transfers:
Funding Source/Project Number Fund Amount
Current available Lavender Heights funds:
Z14130404 6005 $1,322,026
Z14130404 6205 $940,363
Total $2,262,389
Needed transfer funding:
X14170100 - Combined Sewer System
Pipe Program
6021 $352,780
Central City Impact Fee 3210 $421,800
Transfer Total $774,580
There are no general funds allocated or planned for this agreement.
Local Business Enterprise (LBE): Pursuant to City Code 3.60.270, Navajo Pipelines, Inc. is a Local
File ID: 2025-00853 4/29/2025 Item 19.
Business Enterprise.
Background: The City of Sacramento has an ongoing need to expand and upgrade water infrastructure in the Central City Corridor by replacing aging cast iron water mains that have extended past their useful life. The existing 6-inch diameter cast iron water mains in the Lavender Heights area of Midtown, Sacramento (part of the Central City Corridor) cannot provide sufficient water flow to meet future customer demands or required fire flow. The Project aims to expand and upgrade water infrastructure, help create a more gridded/looped distribution system to move water more efficiently through the system, improve water quality, and increase fire safety.
The project will upsize approximately 2,000 linear feet of 6” cast iron water main to 8” water main and construct 1,500 linear feet of 8” water main. The project will also upsize approximately 350 linear feet of 8” PVC combined sewer main to 10” combined sewer main and remove and replace three combined sewer manholes. These improvements expand and upgrade water infrastructure by replacing aging cast iron water mains, provide a more gridded/looped distribution system for moving water through the corridor more efficiently, improve water main capacity sufficient to serve existing and future growth, and increase fire safety.
In September 2024, City Council approved the suspension of competitive bidding and allowed an alternative RFP bidding process for the Project. Use of the alternative process allows the City to select the most qualified contractor to complete the Project within the required scope, schedule, and budget and who will enable the Department of Utilities’ staff to expedite final project design and begin construction during the first quarter of 2025. It will also ensure DOU encumbers the entirety of the awarded Green Means Go Program Grant funding, totaling $1,015,000.
Form approved by City Attorney 6-23-23 1
AGREEMENT
(Construction Contract Over $25,000)
THIS AGREEMENT, dated for identification , 20 25, is made and entered into between the CITY OF SACRAMENTO, a municipal corporation (“City”), and Navajo Pipelines, Inc. 4671 24th Street, Sacramento, CA 95822 (“Contractor”) in the amount of THREE MILLION TEN THOUSAND FORTY AND ZERO CENTS ($,3,010,040).
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 t he “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 D ocuments 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.
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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:
Lavender Heights Water Main Project (PN: Z14130404)
Including the Work called for in the following alternative bid items described in the Proposal Form:
_________________N/A______________________________________________________
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 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.
Form approved by City Attorney 6-23-23 3
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 any 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 t his date may be subject to payment of interest as provided in Public Contract Code Section 20104.50.
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.
Form approved by City Attorney 6-23-23 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 rec over 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 Work to final completion. The phase “commence the Work” 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, t he 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 132 days from the date of the Notice to Proceed (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.
11. ACCEPTANCE NOT RELEASE
Form approved by City Attorney 6-23-23 5
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 statutes 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 defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City.
Form approved by City Attorney 6-23-23 6
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, t he 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 manufacturer’s 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.
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 __$5,200 _______ for each Form approved by City Attorney 6-23-23 7
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 Contract 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 paid 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 caused in part by a party indemnified hereunder, or (ii) such Liabilities are litigated, settled or reduced to judg ment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily
Form approved by City Attorney 6-23-23 8
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 limitat ion 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.
A. Minimum Scope & Limits of Insurance Coverage
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(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 apply on a primary basis for the benefit of the CITY, and any insurance or self-insurance maintained by CITY, its officia ls, 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:
“I certify that my business has no employees, and that I do not employ anyone. I am exempt from the legal requirements to
Form approved by City Attorney 6-23-23 10
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 4668 ECM- #35050
New York, NY 10168-4668
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
Contractor 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 C ity 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 termination 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 supplie rs; 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, ma y 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 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.
Form approved by City Attorney 6-23-23 13
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 preclu de 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 s uch 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 grant ed 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 Contractor 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 termina tion 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 Laws 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
Form approved by City Attorney 6-23-23 15
C. For reasonable expenses directly attributable to termination.
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. Contractor’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 other 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 Contrac t 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 Contrac tor and its Suret ies 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 Suret ies 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,
Form approved by City Attorney 6-23-23 16
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 this section upon the happening of any prior default or breach of Contractor, shall be construed to b e a waiver or estoppel 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 f or 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 prohi bited 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 Sacramento City Code Chapter 3.62, entitled “Ban-The-Box Requirements.” By signing this Agreement, Contractor acknowledges and represents that Contractor has read and
Form approved by City Attorney 6-23-23 18
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 equitable 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.
Form approved by City Attorney 6-23-23 19
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set for opposite their names.
CONTRACTOR
Under penalty of perjury, I certify that the
taxpayer identification number and all other
information provided here are correct.
DATE BY_________________________________ ____________________________________
Print Name
____________________________________
Title
BY_________________________________
___________________________________
Print Name
____________________________________
Title
DIR Registration #
____________________________________
Federal ID#
____________________________________
State ID#
____________________________________
City of Sacramento Business Operation Tax
Certificate No. (City will not award contract until
Certificate Number is obtained)
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)
CITY OF SACRAMENTO
a municipal corporation
DATE BY _________________________________ For: Leyne Milstein, Interim City Manager
Original Approved As To Form: Attest:
City Attorney City Clerk
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
10/4/2024
(916) 380-5300(916) 380-520619682Navajo Pipelines, Inc.4671 24th StreetSacramento, CA 95822-14122712029424110002567436940 A 1,000,000X57UEABHOAXR10/1/202410/1/2025200,00010,0001,000,0002,000,0002,000,0001,000,000B X57UEABD881910/1/202410/1/202510,000,000C 57HHABHOB1D10/1/202410/1/202510,000,00010,000D X57WEAAD60ME10/1/202410/1/20251,000,0001,000,0001,000,000EInland Marine6605533C64010/1/2024Rented/Leased250,000FPollutionPEC00233421710/1/202410/1/2025Aggregate2,000,000RE: Lavender Heights Water Main Replacement ProjectAdditional insured applies per the attached: City of Sacramento, its officials, employees, and volunteers as required by written contract City of Sacramentoc/o EXIGIS LLCP.O. Box 947Murrieta, CA 92564 NAVAPIP-01JTHEIS
Bender Insurance Solutions516 Gibson DriveSuite 240Roseville, CA 95678Hartford Fire Insurance CompanyTrumbull Insurance CompanyHartford Casualty Insurance CompanySentinel Insurance Company, LTDTravelers Prop Cas Co AmericaIndian Harbor Ins Co X10/1/2025
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s
organi
zati
on is
an "i
ns
ured",
but onl
y
acqui
s
it
ion
or
f
orm
at
ion
by
you,
t
o
the
ex
tent
s
uch
pers
on
or
unl
es
s
you
hav
e
gi
v
en
us
noti
ce
of
organi
zati
on
is
l
iabl
e
f
or
"bodi
ly
t
he acqui
s
it
ion
or f
orm
at
ion.
i
njury"
or
"propert
y
dam
age"
caus
ed
Cov
erage
does
not
apply
t
o
"bodi
ly
by the conduct of
an
"i
ns
ured" under
i
njury"
or
"propert
y
dam
age"
that
res
ul
ts
paragraphs
a.
or
b.
of
W
ho
Is
An
f
rom
an
"acci
dent"
that
occurred
bef
ore
I
ns
ured
w
it
h
regard
to
the
you
f
orm
ed or
acquired
the
organizat
ion.
ow
ners
hi
p,
m
aint
enance
or
us
e
of
a
B.
Emp
lo
yees as
In
sured
s
cov
ered
"aut
o
.
"
Paragraph
A.1.
-
W
HO
IS
AN
I
NSURED
-
of
SECT
IO
N
II
-
LI
ABILI
TY
CO
VERAGE
i
s
am
ended t
o add:
©
2011,
T
he Hart
f
ord
(Incl
udes
copyri
ghted
m
at
erial
F
orm
HA
99
16 03
12 Pag
e 1
of
5 of
I
SO
Properti
es
,
Inc.
,
w
it
h i
ts
perm
i
s
s
ion.
)
COMMERCIAL
H
A
AU
9 T
9 O
1
M
6 O
03 BI
1 L
2 E
Policy # 57UEABD8819
E.
Pri
mary
and
No
n-Co
ntri
bu
tory
if
T
he
i
ns
urance
af
f
orded
to
any
s
uch
Req
ui
red
by
Con
tract
addi
ti
onal
i
ns
ured
appli
es
onl
y
i
f
the
"bodi
ly
inj
ury"
or
"propert
y
dam
age
"
O
nly
w
i
th
res
pect
to
i
ns
urance
prov
ided
to
occurs
:
an
addit
ional
i
ns
ured
i
n
1. D.
-
Addi
ti
onal
(1)
Duri
ng t
he pol
icy
period,
and
I
ns
ured
If
Required
by
Cont
ract,
t
he
f
oll
ow
ing
prov
is
i
ons
appl
y:
(2)
Subs
equent
t
o
t
he ex
ecuti
on of
s
uch
w
ri
tt
en cont
ract,
and
(3)
Pri
m
ary
Ins
urance
W
hen
Required
By
Cont
ract
(3)
Pri
or
to
t
he
ex
pi
rati
on
of
t
he
peri
od
of
ti
m
e
t
hat
t
he
w
rit
ten
cont
ract
T
his
i
ns
urance
is
pri
m
ary
i
f
you
hav
e
requi
res
s
uch
i
ns
urance
be prov
ided
agreed
i
n
a
w
rit
ten
contract
or
w
rit
ten
t
o t
he addi
ti
onal
ins
ured.
agreem
ent
t
hat
t
his
i
ns
urance
be
pri
m
ary.
I
f
ot
her
ins
urance
i
s
al
s
o
(2)
How
Lim
it
s
Appl
y
pri
m
ary,
w
e
w
il
l
s
hare
w
i
th
al
l
t
hat
other
I
f
you
hav
e
agreed
i
n
a
w
rit
ten
cont
ract
i
ns
urance
by
the
m
et
hod
des
cri
bed
in
or
w
ri
tt
en
agreem
ent
t
hat
anot
her
O
ther
Ins
urance
5.d.
pers
on
or
organizat
ion
be
added
as
an
(4)
Pri
m
ary
And
Non-Cont
ribut
ory
T
o
O
ther
addi
ti
onal
ins
ured
on
your
poli
cy,
the
I
ns
urance W
hen Requi
red By
Contract
m
os
t
w
e
w
il
l
pay
on
behalf
of
s
uch
addi
ti
onal
ins
ured
is
the
les
s
er
of
:
I
f
you
hav
e
agreed
i
n
a
w
rit
ten
cont
ract
or
w
ri
tt
en
agreem
ent
that
t
his
ins
urance
(a)
T
he
li
m
i
ts
of
ins
urance
s
peci
f
i
ed
in
i
s
prim
ary
and
non-cont
ribut
ory
w
it
h
t
he
t
he
w
rit
ten
cont
ract
or
w
rit
ten
addi
ti
onal
ins
ured's
ow
n
ins
urance,
thi
s
agreem
ent;
or
i
ns
urance
is
pri
m
ary
and
w
e
w
i
ll
not
(b)
T
he
Lim
it
s
of
I
ns
urance
s
how
n
in
s
eek
contri
buti
on
f
rom
that
other
t
he Decl
arati
ons
.
i
ns
urance.
Such
am
ount
s
hal
l
be
a
part
of
and
not
(3)
(4)
Paragraphs
and
do
not
appl
y
to
ot
her
i
n
addi
ti
on
t
o
Li
m
i
ts
of
Ins
urance
s
how
n
i
ns
urance
t
o
w
hi
ch
t
he
addit
ional
ins
ured
i
n
the
Declarat
ions
and
des
cri
bed
i
n
t
his
has
been added
as
an
addit
ional
i
ns
ured.
Sect
ion.
W
hen
thi
s
ins
urance
i
s
ex
ces
s
,
w
e
w
i
ll
hav
e
no
(3)
Addi
ti
onal
Ins
ureds
Ot
her I
ns
urance
dut
y
to
def
end
the
ins
ured
agains
t
any
"s
ui
t"
if
I
f
w
e
cov
er
a
clai
m
or
"s
ui
t"
under
t
his
any
ot
her
ins
urer
has
a
dut
y
to
def
end
the
Cov
erage
Part
t
hat m
ay als
o be
cov
ered
i
ns
ured
agai
ns
t
that
"s
ui
t".
I
f
no
ot
her
ins
urer
by
other
ins
urance
av
ai
labl
e
to
an
def
ends
,
w
e
w
il
l
undertake
to
do
s
o,
but
w
e
w
il
l
addi
ti
onal
i
ns
ured,
s
uch
addi
ti
onal
be
enti
tl
ed
t
o
t
he
i
ns
ured's
ri
ghts
agai
ns
t
al
l
i
ns
ured
m
us
t
s
ubm
i
t
s
uch
cl
aim
or
"s
ui
t"
t
hos
e ot
her i
ns
urers
.
t
o
t
he
ot
her
i
ns
urer
f
or
def
ens
e
and
W
hen
thi
s
ins
urance
i
s
ex
ces
s
ov
er
other
i
ndem
ni
ty.
i
ns
urance,
w
e
w
il
l
pay
onl
y
our
s
hare
of
t
he
How
ev
er,
t
his
prov
i
s
ion
does
not
apply
am
ount
of
the
l
os
s
,
i
f
any,
that
ex
ceeds
the
s
um
t
o
the
ex
t
ent
t
hat
you
hav
e
agreed
i
n
a
of
:
w
ri
tt
en
cont
ract
or
w
ri
t
ten
agreem
ent
(1)
T
he
tot
al
am
ount
t
hat
all
s
uch
other
t
hat
t
his
i
ns
urance
i
s
prim
ary
and
non
-
i
ns
urance
w
oul
d
pay
f
or
the
los
s
i
n
the
cont
ribut
ory
w
i
th
the
addit
ional
ins
ured's
abs
ence
of
t
his
ins
urance;
and
ow
n
ins
urance.
(2)
T
he
tot
al
of
all
deduct
ibl
e
and
s
elf
-i
ns
ured
(4)
Dut
ies
i
n
The
Ev
ent
Of
Acci
dent,
Cl
aim
,
am
ounts
under al
l
that
ot
her i
ns
urance.
Sui
t
or Los
s
W
e
w
i
ll
s
hare
the
rem
ai
ning
los
s
,
i
f
any,
by
t
he
I
f
you
hav
e
agreed
i
n
a
w
rit
ten
cont
ract
m
ethod
des
cri
bed i
n O
ther
Ins
urance
5.d.
or
w
ri
tt
en
agreem
ent
t
hat
anot
her
2. A
UT
OS
RENT
ED
BY EM
PLO
YEES
pers
on
or
organi
zati
on
be
added
as
an
addi
ti
onal
ins
ured
on
your
poli
cy,
the
Any
"aut
o
"
hired
or
rent
ed
by
your
"em
ployee"
addi
ti
onal
ins
ured
s
hall
be
requi
red
to
on
your
behal
f
and
at
your
di
recti
on
w
i
ll
be
com
ply
w
i
th
t
he
prov
is
i
ons
in
LO
SS
cons
i
dered an
"aut
o
"
you hi
re.
CO
NDIT
IO
NS
2. -
DUTI
ES
I
N
THE
T
he OT
HER INSURANCE
Condit
ion
is
am
ended
EVENT
OF
ACCIDENT
,
CLAI
M
,
SUI
T
by
adding
the
f
ol
low
i
ng:
O
R
LO
SS
–
O
F
SECT
IO
N
IV
–
BUSI
NESS
AUTO
CONDI
TI
ONS,
in
the
s
am
e m
anner as
the
Nam
ed
Ins
ured.
©
2011,
T
he Hart
f
ord
(Incl
udes
copyri
ghted
m
at
erial
F
orm
HA
99
16 03
12 Pag
e 2
of
5 of
I
SO
Properti
es
,
Inc.
,
w
it
h i
ts
perm
i
s
s
ion.
)
5 PHYSI
CA
L
DA
M
A
GE
-
A
DDIT
IO
NA
L
I
f
an
"em
ployee’s
"
pers
onal
ins
urance
als
o
.
T
EMPO
RA
RY
T
RA
NSPORT
A
T
IO
N
EXPENSE
appl
ies
on
an
ex
ces
s
bas
is
to
a
cov
ered
"aut
o
"
CO
VERA
GE
hi
red
or
rent
ed
by
your
"em
ployee"
on
your
behal
f
and
at
your
direct
ion,
t
his
ins
urance
w
il
l
Paragraph
A.4.
a.
of
SECT
IO
N
I
II
-
PHYSI
CAL
be
pri
m
ary
t
o
t
he
"em
ployee’s
"
pers
onal
DAM
AGE
COVERAG
E
i
s
am
ended
t
o
prov
i
de
a
i
ns
urance.
l
im
it
of
$50
per
day
and
a
m
ax
im
um
li
m
i
t
of
3. A
M
ENDED F
ELL
OW EM
PLO
YEE
EXCLUSI
ON
$1,
000.
6. L
OA
N/
L
EA
SE G
A
P CO
VERA
GE
EX
CLUSI
ON
5. -
F
ELLOW
EM
PLOYEE
-
of
SECT
IO
N
I
I
-
LI
ABILI
TY
CO
VERAGE
does
not
Under
SECT
IO
N
II
I
-
PHYSI
CAL
DAMAG
E
appl
y
if
you
hav
e
w
orkers
'
com
pens
at
ion
CO
VERAGE,
i
n
the
ev
ent
of
a
t
otal
"l
os
s
"
t
o
a
i
ns
urance
i
n-f
orce
cov
ering
al
l
of
your
cov
ered
"aut
o",
w
e
w
il
l
pay
your
addi
ti
onal
legal
"em
ployees
".
obl
igat
ion
f
or
any
di
f
f
erence
bet
w
een
t
he
act
ual
Cov
erage
is
ex
ces
s
ov
er
any
ot
her
coll
ecti
ble
cas
h
v
alue
of
t
he
"aut
o
"
at
the
t
im
e
of
t
he
"l
os
s
"
i
ns
urance.
and
the
"out
s
tandi
ng bal
ance
"
of
the
loan/
leas
e.
4. H
I
R
E
D
AU
T
O
P
H
Y
S
I
C
AL
D
AM
AG
E
C
O
V
E
R
AG
E
"O
uts
t
anding
bal
ance"
m
eans
t
he
am
ount
you
ow
e
on
t
he
l
oan/l
eas
e
at
t
he
t
im
e
of
"l
os
s
"
l
es
s
I
f
hi
red
"aut
os
"
are
cov
ered
"aut
os
"
f
or
Li
abil
it
y
any
am
ount
s
repres
ent
ing
tax
es
;
ov
erdue
Cov
erage
and
i
f
Com
prehens
iv
e,
Specif
ied
paym
ents
;
penal
ti
es
,
int
eres
t
or
charges
Caus
es
of
Los
s
,
or
Col
li
s
ion
cov
erages
are
res
ul
ti
ng
f
rom
ov
erdue
paym
ent
s
;
addi
ti
onal
prov
i
ded
under
thi
s
Cov
erage
Form
f
or
any
m
il
eage
charges
;
ex
ces
s
w
ear
and tear charges
;
"aut
o"
you
ow
n,
then
the
Phys
ical
Dam
age
l
eas
e
term
inat
ion
f
ees
;
s
ecurit
y
depos
i
t
s
not
Cov
erages
prov
i
ded
are
ex
t
ended
t
o
"aut
os
" you
ret
urned
by
t
he
les
s
or;
cos
ts
f
or
ex
tended
hi
re or
borrow
,
s
ubject
t
o t
he f
oll
ow
ing
li
m
i
t.
w
arrant
ies
,
credi
t
li
f
e
Ins
urance,
heal
th,
acci
dent
T
he
m
os
t
w
e
w
i
ll
pay
f
or
"l
os
s
"
to
any
hi
red
or di
s
abil
it
y i
ns
urance
purchas
ed w
i
th
the
loan
or
"aut
o"
is
:
l
eas
e;
and
carry-ov
er
bal
ances
f
rom
prev
ious
(1)
$100,
000;
l
oans
or
leas
es
.
(2)
T
he
actual
cas
h
v
alue
of
the
dam
aged
or
7. A
I
RBA
G
COVERA
G
E
s
t
olen
property
at
the
ti
m
e
of
the
"l
os
s
";
or
Under
Paragraph
B.
EX
CLUSIO
NS
-
of
(3)
T
he
cos
t
of
repairi
ng
or
replaci
ng
the
SECT
IO
N
II
I
-
PHYSICAL
DAMAG
E
dam
aged or
s
tol
en propert
y,
CO
VERAGE,
t
he f
oll
ow
ing
is
added:
w
hi
chev
er
is
s
m
all
es
t,
m
i
nus
a
deduct
ibl
e.
T
he
T
he
ex
clus
i
on
relat
ing
t
o
m
echani
cal
breakdow
n
deduct
ibl
e
w
il
l
be
equal
to
t
he
larges
t
deducti
ble
does
not
appl
y
to
t
he
accident
al
di
s
charge
of
an
appl
icabl
e
t
o
any
ow
ned
"aut
o"
f
or
that
ai
rbag.
cov
erage.
No deducti
ble
appli
es
t
o "l
os
s
"
caus
ed
8. EL
ECT
RO
NIC
EQ
UIPM
ENT
-
BROA
DENED
by f
i
re
or l
ight
ning.
Hired Aut
o Phys
ical
Dam
age
CO
VERA
GE
cov
erage
i
s
ex
ces
s
ov
er
any
other
coll
ecti
ble
a.
T
he
ex
cept
ions
to
Paragraphs
B.
4 -
i
ns
urance.
Subject
t
o
t
he
abov
e li
m
i
t,
deduct
ibl
e
EX
CLUSI
ONS
-
of
SECTI
ON
I
II
-
PHYSI
CAL
and
ex
ces
s
prov
i
s
ions
,
w
e
w
i
ll
prov
i
de
cov
erage
DAM
AGE
CO
VERAGE
are
repl
aced
by
t
he
equal
t
o
t
he broades
t cov
erage appl
icabl
e to any
f
oll
ow
ing:
cov
ered
"aut
o
"
you ow
n.
4. c.
4. d.
Ex
cl
us
ions
and
do
not
apply
t
o
W
e
w
il
l
al
s
o
cov
er
los
s
of
us
e
of
t
he
hired "aut
o
"
equi
pm
ent
des
i
gned
t
o
be
operated
s
ol
ely
i
f
it
res
ul
ts
f
rom
an
"acci
dent",
you
are
l
egall
y
by
us
e
of
t
he
pow
er
f
rom
t
he
"aut
o's
"
l
iabl
e
and
the
les
s
or
incurs
an
act
ual
f
inanci
al
el
ectri
cal
s
ys
t
em
t
hat,
at
t
he
t
im
e
of
"l
os
s
",
l
os
s
,
s
ubj
ect
to
a
m
ax
im
um
of
$1000
per
i
s
:
"acci
dent".
(1)
Perm
anentl
y
ins
t
all
ed
i
n
or
upon
T
his
ex
tens
i
on
of
cov
erage
does
not
appl
y
to
t
he cov
ered
"aut
o";
any
"aut
o
"
you
hi
re
or
borrow
f
rom
any
of
your
"em
ployees
",
part
ners
(i
f
you
are
a
partners
hi
p),
(2)
Rem
ov
able
f
rom
a
hous
ing
uni
t
m
em
bers
(if
you
are
a
li
m
i
ted
li
abil
it
y
com
pany),
w
hi
ch
is
perm
anentl
y
i
ns
tal
led
in
or
m
em
bers
of
t
heir
hous
eholds
.
or
upon t
he cov
ered
"aut
o";
(3)
An
int
egral
part
of
the
s
am
e
unit
hous
i
ng
any
el
ectroni
c
equi
pm
ent
des
cri
bed
in
Paragraphs
(1)
and (2)
abov
e;
or
©
2011,
T
he Hart
f
ord
(Incl
udes
copyri
ghted
m
at
erial
F
orm
HA
99
16 0
3 12
Pag
e 3
o
f 5
of
I
SO
Properti
es
,
Inc.
,
w
it
h i
ts
perm
i
s
s
ion.
)
(4)
Neces
s
ary
f
or
the
norm
al
I
f
another
Hartf
ord
F
inanci
al
Serv
ices
G
roup,
operat
ion of
t
he cov
ered
"aut
o"
or
I
nc.
com
pany
poli
cy
or
cov
erage
f
orm
t
hat
is
not
t
he
m
oni
tori
ng
of
the
cov
ered
an autom
obil
e
pol
icy or
cov
erage f
orm
appli
es
to
"aut
o's
"
operati
ng s
ys
t
em
.
t
he s
am
e "acci
dent",
t
he f
oll
ow
ing
appli
es
:
b.
Sect
ion
I
II
–
Vers
i
on
CA
00 01
03 10
of
t
he
(1)
I
f
the
deducti
ble
under
t
his
Bus
i
nes
s
Aut
o
Bus
i
nes
s
Aut
o
Cov
erage
Form
,
Phys
i
cal
Cov
erage
F
orm
i
s
the
s
m
all
er
(or
s
m
all
es
t)
Dam
age
Cov
erage,
Lim
it
of
I
ns
urance,
deduct
ibl
e,
it
w
i
ll
be
w
aiv
ed;
Paragraph
C.
2 and
Vers
ion
CA
00 01
10 01
of
(2)
I
f
the
deducti
ble
under
t
his
Bus
ines
s
Auto
t
he
Bus
ines
s
Aut
o
Cov
erage
F
orm
,
Phys
i
cal
Cov
erage
Form
i
s
not
t
he
s
m
al
ler
(or
Dam
age
Cov
erage,
Lim
i
t
of
Ins
urance,
s
m
all
es
t)
deduct
ibl
e,
i
t
w
i
ll
be
reduced
by
Paragraph
C
are
each
am
ended
t
o
add
the
t
he
am
ount
of
t
he
s
m
al
ler
(or
s
m
all
es
t)
f
oll
ow
ing:
deduct
ibl
e.
$1,
500
i
s
the
m
os
t
w
e
w
i
ll
pay
f
or
"l
os
s
"
i
n
12. A
M
ENDED
DUT
I
ES
IN
T
HE
EVENT
OF
any
one
"acci
dent"
t
o
al
l
elect
ronic
A
CCI
DENT
,
CL
A
IM
,
SUIT
O
R L
OSS
equi
pm
ent
(ot
her
t
han
equi
pm
ent
des
i
gned
T
he
requirem
ent
i
n
LO
SS
CO
NDIT
IO
NS
2. a.
-
s
ol
ely
f
or
the
reproducti
on
of
s
ound,
and
DUT
IES IN THE EVENT O
F ACCI
DENT,
CLAIM
,
acces
s
ori
es
us
ed
w
it
h
s
uch
equipm
ent)
SUI
T
OR
LOSS
-
of
SECT
IO
N
I
V
-
BUSINESS
t
hat
reproduces
,
receiv
es
or
t
rans
m
i
ts
AUT
O
CO
NDIT
IO
NS
t
hat
you
m
us
t
not
if
y
us
of
audi
o,
v
i
s
ual
or
dat
a
s
ignal
s
w
hi
ch,
at
the
an
"acci
dent"
appl
ies
only w
hen
t
he
"acci
dent" is
t
im
e of
"l
os
s
",
i
s
:
know
n
to:
(1)
Perm
anentl
y
ins
t
all
ed
in
or
upon
(1)
You,
i
f
you are
an i
ndiv
i
dual;
t
he
cov
ered
"aut
o
"
in
a
hous
i
ng,
(2)
A
partner,
i
f
you are
a part
ners
hip;
openi
ng
or
other
l
ocati
on
t
hat is
not
norm
all
y
us
ed
by
t
he
"aut
o
"
(3)
A
m
em
ber,
if
you
are
a
l
im
it
ed
l
iabi
li
ty
m
anuf
acturer
f
or
the
ins
t
all
ati
on
of
com
pany;
or
s
uch
equipm
ent;
(4)
An ex
ecut
iv
e of
f
i
cer or ins
urance
m
anager,
i
f
(2)
Rem
ov
able
f
rom
a
perm
anent
ly
you
are a
corporati
on.
i
ns
tal
led
hous
ing
unit
as
des
cribed
13. UNI
NT
ENT
IO
NA
L
F
A
IL
URE
T
O
DI
SCLO
SE
i
n
Paragraph
2.a.
abov
e
or
is
an
HA
Z
A
RDS
i
ntegral
part
of
t
hat
equipm
ent;
or
I
f
you
uni
ntent
ional
ly
f
ail
to
di
s
clos
e any
hazards
(3)
An
int
egral
part
of
s
uch equi
pm
ent
.
ex
i
s
ti
ng
at
the
incept
ion
date
of
your
pol
icy,
w
e
c.
F
or
each
cov
ered
"aut
o
",
s
houl
d
l
os
s
be
li
m
i
ted
w
i
ll
not
deny
cov
erage
under
thi
s
Cov
erage
t
o
elect
ronic
equi
pm
ent
only,
our
obli
gati
on
to
F
orm
becaus
e of
s
uch
f
ai
lure.
pay
f
or,
repai
r,
return
or
repl
ace
dam
aged
or
14. HI
RED A
UT
O
-
COVERA
G
E T
ERRIT
ORY
s
t
olen
el
ectroni
c
equi
pm
ent
w
i
ll
be
reduced
by
Paragraph
e.
of
G
ENERAL
CONDI
TI
ONS
7. -
t
he
appl
icabl
e
deduct
ibl
e
s
how
n
i
n
the
PO
LICY
PERI
OD,
COVERAG
E
TERRI
TO
RY
-
Decl
arati
ons
,
or
$250,
w
hichev
er
deduct
ibl
e
is
of
SECT
IO
N
IV
-
BUSINESS
AUTO
l
es
s
.
CO
NDIT
IO
NS i
s
repl
aced by
the
f
ol
low
i
ng:
9. EXT
RA
EXPENSE
-
BROA
DENED
e.
F
or
s
hort-t
erm
hi
red
"aut
os
",
t
he
cov
erage
CO
VERA
GE
t
errit
ory
w
it
h
res
pect
t
o
Li
abil
it
y
Cov
erage
is
U
nd
er
P
ar
ag
ra
ph
A
.
-
CO
V
ER
AG
E
-
o
f
S
EC
T
I
O
N
anyw
here
in
the
w
orld
prov
i
ded
that
if
the
I
I
I
-
P
HY
SI
C
AL
DA
M
AG
E
CO
V
E
RA
G
E,
we
wi
l
l
"i
ns
ured's
"
res
pons
ibi
li
ty
to
pay
dam
ages
f
or
p
ay
f
or
t
he
ex
pe
nse
o
f
r
et
u
rn
i
ng
a
st
ol
e
n
co
v
e
re
d
"bodi
ly
inj
ury"
or
"propert
y
dam
age"
i
s
"
a
ut
o
"
t
o
yo
u.
det
erm
i
ned
i
n
a "s
ui
t,
" the "s
ui
t" is
brought i
n
10. G
LA
SS
REPA
IR
-
W
A
I
VER O
F
DEDUCT
I
BLE
t
he
Uni
ted
Stat
es
of
Am
erica,
t
he
t
errit
ories
and
pos
s
es
s
i
ons
of
t
he
Unit
ed
Stat
es
of
U
n
d
e
r
P
a
r
a
g
r
a
p
h
D
.
-
D
E
D
U
C
T
I
B
L
E
-
o
f
S
E
C
T
I
O
N
Am
erica,
Puert
o
Rico
or
Canada
or
in
a
I
I
I
-
P
H
Y
S
I
C
A
L
D
A
M
A
G
E
C
O
V
E
R
A
G
E
,
t
h
e
s
et
tl
em
ent
w
e
agree t
o.
f
o
l
l
o
wi
n
g
i
s
a
d
d
e
d
:
15. WA
IVER
OF
SUBRO
GA
T
IO
N
No
deduct
ibl
e
appli
es
t
o
gl
as
s
dam
age
i
f
the
gl
as
s
i
s
repai
red rat
her t
han repl
aced.
T
RANSFER
O
F
RI
GHT
S
O
F
RECOVERY
AG
AINST
O
THERS
TO
US
-
of
SECT
IO
N
IV
-
11. T
W
O
O
R M
ORE
DEDUCT
I
BL
ES
BUSI
NESS
AUTO
CONDI
TI
ONS
i
s
am
ended
by
U
n
d
e
r
P
a
r
a
g
r
a
p
h
D
.
-
D
E
D
U
C
T
I
B
L
E
-
o
f
S
E
C
T
I
O
N
addi
ng t
he f
oll
ow
ing:
I
I
I
-
P
H
Y
S
I
C
A
L
D
A
M
A
G
E
C
O
V
E
R
A
G
E
,
t
h
e
f
o
l
l
o
wi
n
g
i
s
a
d
d
e
d
:
©
2011,
T
he Hart
f
ord
(Incl
udes
copyri
ghted
m
at
erial
F
orm
HA
99
16 03
12 Pag
e 4
o
f 5
of
I
SO
Properti
es
,
Inc.
,
w
it
h i
ts
perm
i
s
s
ion.
)
W
e
w
aiv
e
any
ri
ght
of
recov
ery
w
e
m
ay
hav
e
c.
Regardl
es
s
of
t
he
num
ber
of
autos
deem
ed
a
agai
ns
t
any
pers
on
or
organi
zati
on
w
i
th
w
hom
t
otal
l
os
s
,
t
he
m
os
t
w
e
w
il
l
pay
under
t
his
you
hav
e
a
w
rit
ten
contract
that
requires
s
uch
Hybri
d
,
El
ectri
c,
or
Nat
ural
Gas
Vehi
cle
w
ai
v
er
becaus
e
of
paym
ents
w
e
m
ake
f
or
Paym
ent
Cov
erage
prov
i
s
ion
f
or
any
one
dam
ages
under
thi
s
Cov
erage
Form
.
"l
os
s
"
is
$10,000.
16. RESUL
T
A
NT
M
ENT
A
L
A
NG
UI
SH CO
VERA
GE
F
or
the
purpos
es
of
t
he cov
erage
prov
is
i
on
,
T
he
def
ini
ti
on
of
"bodi
ly
inj
ury"
in
SECT
IO
N
V
-
a.
A
"non-hybri
d"
auto
is
def
ined
as
an
aut
o
that
DEF
INI
TI
O
NS i
s
repl
aced by
the
f
ol
low
i
ng:
us
es
onl
y
an
i
nternal
com
bus
t
ion
engi
ne
to
m
ov
e
t
he
aut
o
but
does
not
incl
ude
autos
"Bodi
ly
i
njury"
m
eans
bodil
y
inj
ury,
s
i
cknes
s
or
pow
ered
s
ol
ely
by el
ectri
ci
ty
or nat
ural
gas
.
di
s
eas
e
s
us
tai
ned
by
any
pers
on,
incl
uding
m
ental
angui
s
h
or
death
res
ul
ti
ng
f
rom
any
of
b.
A
"hybri
d"
aut
o
is
def
ined
as
an
aut
o
w
it
h
an
t
hes
e.
i
nternal
com
bus
t
ion
engi
ne
and
one
or
m
ore
el
ectri
c
m
ot
ors
;
and
t
hat
us
es
t
he
int
ernal
17. EXT
ENDED CA
NCEL
LA
T
IO
N
CONDI
T
I
ON
com
bus
ti
on
engine
and
one
or
m
ore
el
ectri
c
Paragraph
2. of
the
CO
MM
ON
POLI
CY
m
otors
to
m
ov
e
the
auto,
or
the
i
nternal
CO
NDIT
IO
NS
-
CANCELLAT
IO
N
-
appl
ies
com
bus
ti
on
engi
ne
t
o
charge
one
or
m
ore
ex
cept
as
f
ol
low
s
:
el
ectri
c m
otors
,
w
hi
ch m
ov
e t
he aut
o.
I
f
w
e
cancel
f
or
any
reas
on
other
than
19. VEHI
CLE
W
RA
P
COVERA
G
E
nonpaym
ent
of
prem
i
um
,
w
e
w
il
l
m
ai
l
or
del
iv
er
I
n
the
ev
ent
of
a
t
otal
l
os
s
t
o
an
"aut
o
"
f
or
w
hich
t
o
the
f
irs
t
Nam
ed
I
ns
ured
w
ri
tt
en
not
ice
of
Com
prehens
iv
e,
Specif
ied
Caus
es
of
Los
s
,
or
cancel
lat
ion
at
leas
t
60 days
bef
ore
the
ef
f
ect
iv
e
Col
li
s
ion
cov
erages
are
prov
i
ded
under
t
his
dat
e of
cancel
lat
ion.
Cov
erage
Form
,
t
hen
s
uch
Phys
ical
Dam
age
18. HYBRI
D,
ELECT
RIC,
OR
NA
T
URA
L
G
A
S
Cov
erages
are am
ended t
o add
the
f
ol
low
i
ng:
VEHI
CLE
PA
YM
ENT
COVERA
G
E
I
n
addit
ion
t
o
the
act
ual
cas
h
v
al
ue of
the
"aut
o",
I
n
t
he
ev
ent
of
a
tot
al
l
os
s
to
a
"non-hybri
d"
aut
o
w
e
w
i
ll
pay
up
to
$1,000
f
or
v
inyl
v
ehi
cle
w
raps
f
or
w
hi
ch
Com
prehens
i
v
e,
Speci
f
i
ed
Caus
es
of
w
hi
ch
are
di
s
played
on
t
he
cov
ered
"aut
o"
at
t
he
Los
s
,
or
Coll
is
i
on
cov
erages
are
prov
i
ded
under
t
im
e
of
t
otal
los
s
.
Regardl
es
s
of
t
he
num
ber
of
t
his
Cov
erage
F
orm
,
t
hen
s
uch
Phys
i
cal
aut
os
deem
ed
a
tot
al
l
os
s
,
the
m
os
t
w
e
w
i
ll
pay
Dam
age Cov
erages
are am
ended as
f
ol
low
s
:
under
thi
s
Vehi
cle
W
rap
Cov
erage
prov
i
s
ion
f
or
a.
I
f
t
he
auto
i
s
replaced
w
i
th
a
"hybri
d"
aut
o
or
any
one
"l
os
s
"
i
s
$5
,
000.
F
or
purpos
es
of
thi
s
an auto pow
ered
s
ol
ely by
el
ectri
c
i
ty or
nat
ural
cov
erage
prov
i
s
ion,
s
igns
or
other
graphics
gas
,
w
e
w
il
l
pay
an
addi
ti
onal
10%,
to
a
pai
nted
or
m
agneti
call
y
af
f
ix
ed
t
o
the
v
ehi
cle
are
m
ax
im
um
of
$2,500,
of
t
he
"non-hybri
d
"
auto’s
not
cons
i
dered v
ehi
cle
w
raps
.
act
ual
cas
h
v
alue
or
repl
acem
ent
cos
t,
w
hi
chev
er i
s
l
es
s
,
b.
T
he
auto
m
us
t be
repl
aced
and a
copy of
a
bi
ll
of
s
ale or new
l
eas
e agreem
ent
receiv
ed by
us
w
i
thi
n 60
calendar
days
of
t
he dat
e of
"l
os
s
,"
©
2011,
T
he Hart
f
ord
(Incl
udes
copyri
ghted
m
at
erial
F
orm
HA
99
16 03
12 Pag
e 5
o
f 5
of
I
SO
Properti
es
,
Inc.
,
w
it
h i
ts
perm
i
s
s
ion.
)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
(1) Printed in U.S.A.
WAIVER OF OUR
RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number:
57 WEA
AD60ME
Endorsement Number:
Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:
NAVAJO PIPELINES INC
4671 24TH ST
SACRAMENTO
CA
95822
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Effective Date:
10/01/2
4 Form WC 04 03 06
Process Date:
09/2
2 /2
4 Policy Expiration Date:
10/01/2
5 PO
LI
CY NUM
BER:
T
HI
S
ENDORS
EM
ENT
CHA
NGES
T
HE
POLI
CY. P
L
EA
S
E RE
A
D I
T
CA
RE
F
ULL
Y
.
A
DDITIONA
L INSURED
- OWNERS, LESSEES O
R
CONTRA
CTO
RS - OPTIO
N I
T
his
endors
em
ent
m
odif
ies
ins
urance
prov
ided
under t
he f
oll
ow
ing:
CO
MM
ERCIAL
GENERAL
LI
ABILI
TY
COVERAG
E PART
SCHEDUL
E
Name
Of
A
dd
iti
on
al
In
sured
Perso
n(s)
Desi
gn
ated
Proj
ect(s) O
r L
ocati
on
(s)
O
r O
rgan
izati
on
(s):
O
f Co
vered
Op
eratio
ns:
I
nf
orm
ati
on requi
red t
o com
plet
e t
his
Schedule,
i
f
not
s
how
n abov
e,
w
i
ll
be
s
how
n i
n t
he Decl
arati
ons
.
A
.
(3)
W
it
h
res
pect
t
o
t
hos
e
pers
on(s
)
or
organizat
ion(s
)
I
n
connecti
on
w
i
th
"your
w
ork
"
f
or
the
s
how
n
in
the
Schedule
abov
e
w
hen
you
hav
e
addi
ti
onal
ins
ured
at
the
project
(s
)
or
agreed
i
n
a
w
rit
ten
cont
ract
or
w
ri
tt
en
agreem
ent
l
ocati
on(s
)
des
i
gnated
in
t
he
Schedule
t
o prov
ide i
ns
urance s
uch
as
i
s
af
f
orded
under t
his
and
i
ncluded
w
i
thi
n
the
"product
s
-
f.
A
n
y
O
ther
pol
icy
t
o
t
hem
,
Subparagraph
,
com
plet
ed operat
ions
hazard",
but
onl
y i
f
:
Party
A
d
di
tio
nal
In
sured
s
W
h
en
,
under
the
(a)
T
he
w
rit
ten
cont
ract
or
w
rit
ten
Req
ui
red
By
Written
Con
tract,
W
ri
tten
agreem
ent
requi
res
you
to
prov
ide
A
g
reement
O
r
Permit
Secti
on
I
I
–
Paragraph
of
s
uch
cov
erage
t
o
s
uch
addi
ti
onal
Who
I
s A
n
I
nsu
red
is
replaced
w
i
th
the
f
ol
low
i
ng:
i
ns
ured
at
the
project
(s
)
or
locat
ion(s
)
f.
A
n
y O
ther
Party
des
i
gnated
in
the
Schedule;
and
(b
)
Any
other
pers
on
or
organizat
ion
w
ho
i
s
not
T
his
Cov
erage
Part
prov
i
des
a.
e.
an
i
ns
ured
under
Paragraphs
through
cov
erage
f
or
"bodi
ly
inj
ury
"
or
abov
e,
but
onl
y
w
i
th
res
pect
t
o
l
iabi
li
ty
f
or
"propert
y
dam
age"
incl
uded
w
i
thi
n
t
he
"bodi
ly inj
ury",
"propert
y dam
age" or "pers
onal
"product
s
-com
plet
ed
operati
ons
and
adv
erti
s
ing
inj
ury"
caus
ed,
i
n
w
hole
or
i
n
hazard".
part
,
by
your
act
s
or
om
i
s
s
ions
or
t
he
act
s
or
T
he
i
ns
urance
af
f
orded
t
o
the
addi
ti
onal
om
is
s
i
ons
of
t
hos
e act
ing
on your
behalf
:
i
ns
ured s
how
n
in
the
Schedule
appli
es
:
(1)
I
n
t
he
perf
orm
ance
of
your
ongoing
(1)
O
nl
y
if
the
"bodi
ly
inj
ury"
or
"propert
y
operat
ions
f
or
s
uch
addi
ti
onal
i
ns
ured
at
dam
age"
occurs
,
or
the
"pers
onal
and
t
he
project
(s
)
or
l
ocati
on(s
)
des
i
gnat
ed
i
n
adv
ert
is
i
ng i
njury"
of
f
ens
e i
s
com
m
i
tt
ed:
t
he Schedul
e;
(a)
Duri
ng t
he pol
icy
period;
and
(2)
I
n
connecti
on
w
it
h
your
prem
i
s
es
ow
ned
(b
)
Subs
equent
t
o
t
he
ex
ecuti
on
of
s
uch
by
or
rent
ed
to
you
and
s
how
n
i
n
the
w
ri
tt
en
cont
ract
or
w
ri
tt
en
agreem
ent
;
Schedul
e;
or
and
F
orm
HS
24 80
07 13
Pag
e 1
of
2 ©
2013,
The
Hartf
ord
(I
ncludes
copyright
ed m
ateri
al
of
Ins
urance
Serv
ices
Of
f
i
ce,
Inc.
,
w
it
h i
ts
perm
i
s
s
ion.
)
All, except Additional Insureds that are
insured under a separate additional
insured endorsement on this policy
All
57UEAB
HO
A
XR
(c)
When
Yo
u
A
d
d
O
thers
A
s
A
n
A
dd
iti
on
al
Pri
or
to
the
ex
pirat
ion
of
the
period
of
I
nsu
red
T
o
T
hi
s I
nsu
rance
t
im
e that
the
w
rit
ten
cont
ract
or w
ri
tt
en
agreem
ent
requires
s
uch
ins
urance
(a)
Pri
mary
I
nsu
rance
When
Req
ui
red
By
be
prov
ided
to
the
addit
ional
i
ns
ured.
Co
ntract
(2)
O
nly
to
the
ex
tent
perm
it
ted
by l
aw
;
and
T
his
i
ns
urance
is
pri
m
ary
i
f
you
hav
e
agreed
(3)
W
i
ll
not
be
broader
t
han
t
hat
w
hi
ch
you
i
n
a
w
rit
ten
contract
or
w
rit
ten
agreem
ent
t
hat
are
required
by
t
he
w
ri
tt
en
cont
ract
or
t
his
ins
urance
be
pri
m
ary.
I
f
other
i
ns
urance
w
ri
tt
en
agreem
ent
to
prov
ide
f
or
s
uch
i
s
als
o
pri
m
ary,
w
e
w
il
l
s
hare
w
i
th
all
t
hat
addi
ti
onal
ins
ured.
ot
her
i
ns
urance
by
the
m
ethod
des
cri
bed
in
(c)
Paragraph
bel
ow
. T
his
i
ns
urance does
not
W
it
h
res
pect
t
o
the
i
ns
urance
af
f
orded
to
the
appl
y
t
o
ot
her
i
ns
urance
to
w
hi
ch
the
pers
on(s
) or organi
zati
on(s
) t
hat are
addit
ional
addi
ti
onal
i
ns
ured
i
n
t
he
Schedul
e
has
been
i
ns
ureds
under
thi
s
endors
em
ent
,
the
added
as
an
addit
ional
i
ns
ured.
f
oll
ow
ing
addit
ional
ex
cl
us
ion
appli
es
:
(b
)
Pri
mary
A
nd
No
n-Co
ntri
bu
tory
T
o
O
ther
T
his
i
ns
urance
does
not
appl
y
t
o
"bodi
ly
I
nsu
rance
W
h
en
Requ
ired
By
Con
tract
i
njury",
"propert
y
dam
age"
or
"pers
onal
and
adv
ert
is
i
ng
i
njury"
ari
s
ing
out
of
t
he
rendering
T
his
i
ns
urance
is
pri
m
ary
t
o
and
w
i
ll
not
s
eek
of
,
or
t
he
f
ail
ure
t
o
render,
any
prof
es
s
i
onal
cont
ribut
ion
f
rom
any
other
ins
urance
archi
tect
ural,
engi
neering
or
s
urv
eying
av
ai
labl
e
t
o
an
addi
ti
onal
i
ns
ured
under
your
s
erv
i
ces
,
incl
uding:
pol
icy
prov
ided
that
:
(1)
(i
)
T
he
prepari
ng,
approv
ing,
or
f
ai
li
ng
to
T
he
addit
ional
ins
ured
in
the
Schedule
is
prepare
or
approv
e
m
aps
,
s
hop
draw
i
ngs
,
a
Nam
ed
Ins
ured
under
s
uch
other
opi
nions
,
reports
,
s
urv
eys
,
f
i
eld
orders
,
i
ns
urance;
and
change
orders
,
des
igns
or
s
peci
f
i
cati
ons
;
(i
i)
You
hav
e
agreed
i
n
a
w
rit
ten
contract
or
or
w
ri
tt
en
agreem
ent
t
hat
t
his
i
ns
urance
(2)
Superv
i
s
ory,
ins
pect
ion,
archi
tect
ural
or
w
oul
d
be
prim
ary
and
w
oul
d
not
s
eek
engi
neering
acti
v
it
ies
.
cont
ribut
ion
f
rom
any
ot
her
ins
urance
av
ai
labl
e
to
t
he
addit
ional
ins
ured
in
the
T
he
l
im
it
s
of
i
ns
urance
that
apply
t
o
the
addi
ti
onal
Schedul
e.
i
ns
ured
s
how
n
in
the
Schedule
are
des
cri
bed
in
t
he
(c)
M
etho
d
Of
Shari
ng
Li
m
i
ts
Of
I
ns
urance s
ect
ion.
How
t
his
i
ns
urance
appli
es
w
hen
other
i
ns
urance
is
I
f
al
l
of
the
other
ins
urance
perm
i
ts
av
ai
labl
e
to
t
he
addi
ti
onal
ins
ured
is
des
cribed
in
the
cont
ribut
ion
by
equal
s
hares
,
w
e
w
i
ll
f
ol
low
Secti
on
I
V
–
O
ther
I
ns
urance
Condi
ti
on
i
n
t
his
m
ethod
als
o.
Under
thi
s
approach,
each
Co
mmercial
G
eneral
Li
abi
li
ty Con
di
tio
ns
,
ex
cept as
i
ns
urer
contri
butes
equal
am
ount
s
unt
il
i
t
has
ot
herw
is
e
am
ended
below
.
pai
d it
s
appli
cable l
im
it
of
ins
urance
or none
of
t
he l
os
s
rem
ains
,
w
hi
chev
er com
es
f
irs
t
.
B.
W
it
h
res
pect
to
ins
urance
prov
ided
to
the
pers
on(s
)
or
organi
zati
on(s
)
t
hat
are
addit
ional
I
f
any
of
the
ot
her
ins
urance
does
not
perm
i
t
When
You
i
ns
ureds
under
thi
s
endors
em
ent,
t
he
cont
ri
but
ion
by
equal
s
hares
,
w
e
w
il
l
A
d
d
O
thers
A
s
A
n
A
dd
iti
on
al
In
sured
T
o
T
h
is
cont
ribut
e
by
li
m
i
ts
.
Under
t
his
m
et
hod,
each
I
nsu
rance
O
ther
s
ubparagraph,
under
the
i
ns
urer's
s
hare
is
bas
ed
on
the
rati
o
of
i
ts
I
nsu
rance
Secti
on
IV – Co
mmercial
Condit
ion of
appl
icabl
e
li
m
i
t
of
ins
urance
to
the
tot
al
G
eneral
L
iab
il
ity
Con
di
tio
ns
i
s
replaced
w
i
th
t
he
appl
icabl
e l
im
it
s
of
i
ns
urance of
al
l
ins
urers
.
f
oll
ow
ing:
Al
l
other
term
s
and
condit
ions
in
the
pol
icy
rem
ain
unchanged.
Pag
e 2
of
2 F
orm
HS 24
80 07
13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Form HS 24 50 03 17
© 2017, The Hartford
CONTRACTORS BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITYCOVERAGEPART
INDEX
1. Alienated Premises Coverage.................................................................................................................... 1 2.
Damage To Your Work .............................................................................................................................. 1 3
Contractors Limited Professional Liability................................................................................................... 1 4.
Per Project and Per Location General Aggregate Limits Of Insurance........................................................ 2 5.
Medical Payments Coverage – Including Products - Completed Operations............................................... 3 6
. Injury To Employee’s Reputation With Respect To Incidental Medical Malpractice .................................... 3 7.
Bodily Injury Employee Suits...................................................................................................................... 3 8.
Consolidated Insurance (Wrap-Up) Program.............................................................................................. 3 9.
Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability ........................ 4 10.
Supplementary Payments.......................................................................................................................... 5 11.
Two Or More Coverage Parts Or Policies Issued By Us ............................................................................. 5 12.
Notice of Cancellation to Certificate Holders .............................................................................................. 5 13.
Contractual Liability Coverage For Personal And Advertising Injury ............................................................ 5 14.
Insured Contract Definition......................................................................................................................... 6 1. ALIENATED PREMISESCOVERAGE
Exclusion
j. Damage To Property
of
Section I –
Coverage A
is amended as follows:
a.
The following exception to the exclusion is
deleted:
Paragraph
(2)
of this exclusion does not apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.
b.
This exception is replaced by the following:
Paragraph
(2)
of this exclusion does not apply
if the premises are "your work".
2. DAMAGE TO YOUR WORK
Exclusion
l. Damage To Your Work
of
Section
I - Coverage A
is replaced by the following:
l. Damage to Your Work
"Property damage" to that particular part of
"your work" that must be restored, repaired or
replaced because “your work” was incorrectly
performed and included in the "products-
completed operations hazard".
This exclusion does not apply if the damaged
work or the work performed incorrectly was
performed on your behalf by a subcontractor.
This provision does not apply if exclusion
l.
Damage To Your Work
has been otherwise
modified by endorsement.
3. CONTRACTORS LIMITED PROFESSIONAL
LIABILITY
The following exclusion is added to Paragraph
2.,
Exclusions
of
Section I - Coverage A - Bodily
Injury And Property Damage Liability
,
and to
Paragraph
2.,
Exclusions
of
Section
I - Coverage
B - Personal And Advertising
Injury Liability
:
This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising
injury" arising out of the rendering of or failure to
render any professional services by you with
respect to your providing engineering,
architectural or surveying services in your
capacity as an engineer, architect or surveyor.
Professional services include:
(1)
The preparing, approving, or failing to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders,
or drawings and specifications; and
Policy No.:
57UEAB
HO
A
XR
(2)
Supervisory or inspection activities performed
as a part of any related architectural or
engineering activities.
This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused the
"bodily injury" or "property damage", or the
offense which caused the "personal and
advertising injury", involved the rendering of or
failure to render any professional services by you
with respect to your providing engineering,
architectural or surveying services in your
capacity as an engineer, architect or surveyor.
This exclusion does not apply to your operations
in connection with construction work performed by
you or on your behalf.
However, this exception to the exclusion will not
apply if you are in the business or profession of
providing the professional services described
above independent from the construction work
performed by you or on your behalf.
In the event this insurance applies to any injury,
damage, loss, cost or expense covered by
Professional Liability insurance issued by a
company unaffiliated with us, then the insurance
afforded under this Coverage Part is excess over
such other valid and collectible Professional
Liability insurance (including any deductible or
self-insured retention portion thereof), and any
other valid and collectible insurance available to
the insured whether primary, excess, contingent
or on any other basis.
4. PER PROJECT AND PER LOCATION
GENERAL AGGREGATE LIMITS OF
INSURANCE
A.
For all sums which the insured becomes
legally obligated to pay as damages caused
by "occurrences" under
Section I - Coverage
A
, and for all medical expenses caused by
accidents under
Section I - Coverage C
,
which can be attributed only to ongoing
operations at a single "project" or a single
"location";
1. A separate Per Project General
Aggregate Limit or a separate Per
Location General Aggregate Limit applies
to each "project" or "location", whichever
is applicable. The Per Project General
Aggregate Limit and Per Location
Aggregate Limit is equal to the amount of
the General Aggregate Limit shown in the
Declarations.
2. The Per Project General Aggregate Limit
or the Per Location General Aggregate
Limit, whichever applies, is the most we
will pay for the sum of all damages under
Coverage A.
except damages because of
"bodily injury" or "property damage"
included in the "products-completed
operations hazard", and for medical
expenses under
Coverage C
regardless
of the number of;
a.
Insureds;
b.
Claims made or "suits" brought; or
c.
Persons or organizations making
claims or bringing "suits".
3. Any payments made under
Coverage A
for damages or under
Coverage
C
for
medical expenses shall reduce the Per
Project General Aggregate Limit for that
"project" or the Per Location General
Aggregate for that "location", whichever
applies. Such payments shall not reduce
the General Aggregate Limit shown in the
Declarations, the Per Project General
Aggregate Limit for any other "project", or
the Per Location General Aggregate Limit
for any other "location".
4. The limits shown in the Declarations for
Each Occurrence, Damage To Premises
Rented To You and Medical Expense
continue to apply. However, instead of
being subject to the General Aggregate
Limit shown in the Declarations, such
limits will be subject to the applicable Per
Project General Aggregate Limit if
attributable only to ongoing operations at
a single "project" or the Per Location
General Aggregate if attributable only to
ongoing operations at a single "location".
B.
For all sums which the insured becomes
legally obligated to pay as damages caused
by "occurrences" under
Section I - Coverage
A
and for all medical expenses caused by
accidents under
Section I - Coverage C
,
which cannot be attributed only to ongoing
operations at a single "project" or a single
"location";
1. Any payments made under
Coverage A
for damages or under
Coverage C
for
medical expenses shall reduce the
amount available under the General
Aggregate Limit or the Products-
Completed Operations Aggregate Limit,
whichever is applicable; and
2. Such payments shall not reduce any Per
Project General Aggregate Limit or any
Per Location General Aggregate Limit.
C.
When coverage for liability arising out of the
"products-completed operations hazard" is
provided, any payments for damages because
of "bodily injury" or "property damage"
included in the "products-completed
operations hazard" will reduce the Products-
Form HS 24 50 03 17 Page 3 of 6
Completed Operations Aggregate Limit, and
not reduce the General Aggregate Limit,or
any Per Project General Aggregate Limit or
any Per Location General Aggregate Limit.
D.
The provisions of
Section III - Limits Of
Insurance
not otherwise modified by this
endorsement shall continue to apply as
stipulated.
E.
For the purposes of Paragraph
4,
the
following definitions apply:
"Project" means a premises an insured does
not own or rent and where such insured
performs construction-related operations.
Each "project" involving the same or
connecting lots, or premises whose
connection is separated by a street, roadway,
waterway or right-of-wayrailroad shall be
considered a single "project". If a "project" has
been abandoned and then restarted, or if the
authorized contracting parties deviate from
plans, blueprints, designs, specifications or
timetables, the "project" shall be considered a
single "project". "Project" does not include a
premises that is a "location".
"Location" means a premises an insured owns
or rents and where such insured performs
business operations other than construction-
related operations. Each "location" involving
the same or connecting lots, or premises
whose connection is separated by a street,
roadway, waterway or right-of-way railroad
shall be considered a single "location."
"Location" does not include a premises that is
a "project".
This provision does not apply if the Per Project and
the Per Location General Aggregate Limit has been
otherwise modified by endorsement.
5. MEDICAL PAYMENTS COVERAGE –
INCLUDING PRODUCTS-COMPLETED
OPERATIONS
Paragraph
1.a.
of the
Insuring Agreement –
CoverageC
is replaced by the following:
1. Insuring Agreement
a.
We
will pay medical expenses as
described below for "bodily injury" caused
by an accident:
(1)
On premises you own or rent;
(2)
On ways next to premises you own or
rent;
(3)
Because of your operations; or
(4)
Included within the definition of the
"products-completed operations
hazard;"
provided that:
(1)
The accident takes place in the
"coverage territory" and during the
policy period;
(2)
The expenses are incurred and
reported to us within three years of
the date of the accident; and
(3)
The injured person submits to
examination, at our expense, by
physicians of our choice as often as
we reasonably require.
6. INJURY TO EMPLOYEE'S REPUTATION WITH
RESPECT TO INCIDENTAL MEDICAL
MALPRACTICE
A.
The following is added to paragraph
1.e.
of
the
Insuring Agreement
–
Coverage A
:
(3)
With respect to incidental medical
malpractice, "bodily injury" includes
damages claimed for injury to emotions or
reputation of an "employee" arising out of
the rendering or failure to render
professional health care services as a
physician, dentist, nurse, emergency
medical technician or paramedic services.
B.
The following exclusion is added to
Coverage
B - Personal and Advertising Injury
:
"Personal and advertising injury arising out of
the rendering or failure to render professional
health care services as a physician, dentist,
nurse, emergency medical technician or
paramedic.
7. BODILY INJURY EMPLOYEESUITS
A
. "Bodily injury" as listed in paragraph
2.a.(1)
of
Section II -
Who Is An Insured,
does not
apply to
2.a.(1)(a)
through
2.a.(1)(c).
B.
Part
a
. of Paragraph
4. Nonowned
Watercraft
in
Section II - WhoIs AnInsured
does not apply.
8. CONSOLIDATEDINSURANCE (WRAP-UP)
PROGRAMS
The following exclusion is added to
SectionI
Coverage A:
This insurance does not apply to any "bodily injury"
or "property damage" arising out of any “wrap
project or premises” where an insured under this
policy is also an insured under a commercial general
liability (CGL) policy included within a "consolidated
insurance (wrap-up) program." This exclusion
applies even if the limits of insurance for such
"consolidated insurance (wrap-up) program" are
exhausted or not collected for any reason, including
bankruptcy or insolvency of the insurer providing
coverage for the “consolidated insurance (wrap-up)
program”. This exclusion also applies if the CGL
coverage afforded under the "consolidated
insurance (wrap-up) program" is narrower in scope
than the coverage provided by this policy.
This exclusion does not apply to:
A. Products-Completed Operations Hazard
Exception
"Bodily injury" or "property damage" arising
out of an insured’s operations at or in
connection with a “wrap project or premises”
when such “bodily injury” or “property
damage” commences after the "products-
completed operations hazard" coverage or
any completed operations extension coverage
provided by the applicable "consolidated
insurance (wrap-up) program" has ended or is
no longer in effect.
B. Excluded Operations Exception
"Bodily injury" or "property damage" arising
out of an insured’s operations at or in
connection with a “wrap project or premises”
to the extent the applicable “consolidated
insurance (wrap-up) program” does not apply
to those operations.
C. Off-Site Location Exception
"Bodily injury" or "property damage" resulting
from an insured’s operations at or in
connection with a “wrap project or premises”
at a location to which the applicable
“consolidated insurance (wrap-up) program”
does not apply.
D. Repair Work And Punch List Work
Exception
“Bodily injury” or “property damage” resulting
from “repair work” or “punch list work” at a
“wrap project or premises” but only when the
applicable “consolidated insurance (wrap-up)
program” does not apply or no longer applies
to such “repair work” or “punch list work”.
This exception does not apply to the cost of
performing such “repair work” or “punch list
work”, or to the “repair work” or “punch list
work” itself.
E. Additional InsuredExtension
"Bodily injury" or "property damage" for which
you are solely an additional insured under the
"consolidated insurance (wrap-up) program".
The coverage provided under Paragraphs
8.A
through
8.E.
above is subject to all terms,
conditions and exclusions of this policy.
For purposes of Paragraph
8. , the following
definitions apply:
"Consolidated insurance (wrap-up) program"
means any agreement or arrangement, including
any contractor-controlled, owner-controlled or
similar insurance program under which one or
more contractor(s) working on a specified project
are insured under one or more commercial general
liability (CGL) policies issued by a specified carrier
for injury or damage arising out of operations
conducted in connection with or necessary or
incidental to the project.
“Wrap project or premises” means any premises
or construction project subject to a "consolidated
insurance (wrap-up) program”.
“Repair work” means service, maintenance,
correction, repair, replacement work, or periodic
inspection performed by an insured at or in
connection with a “wrap project or premises”, in
order to replace or repair an insured’s completed
work.
“Punch list work” means work performed by an
insured at or in connection with a “wrap project or
premises” in order to complete the work called for
in an insured’s contract for the “wrap project or
premises”.
9. ACCESS ORDISCLOSURE OF CONFIDENTIAL
OR PERSONALINFORMATION AND DATA-
RELATED LIABILITY
A
. Exclusion
p
. of
Section I – Coverage A
–
Bodily Injury And Property Damage
Liability
is replaced by the following:
p. Access Or Disclosure Of Confidential
Or Personal Information And Data-
Related Liability
Damages arising out of:
(1) Any access to or disclosure of any
person’s or organization’s confidential
or personal information, including
patents, trade secrets, processing
methods, customer lists, financial
information, credit card information,
health information or any other type of
nonpublic information; or
(2) the loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate "electronic
data" that does not result from
physical injury to tangible property.
This exclusion applies even if damages
are claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other
loss, cost or expense incurred by you or
others arising out of that which is
described in Paragraph
(1)
or
(2)
above.
However, unless Paragraph
(1)
above
applies, this exclusion does not apply to
liability for damages because of "bodily
injury".
Form HS 24 50 03 17 Page 5 of 6
B.
The following is added to Paragraph
2. Exclusions
of
Section I – Coverage B –
Personal and Advertising Injury:
2. Exclusion
This insurance does not apply to:
Access Or Disclosure Of Confidential
OrPersonal Information
"Personal and advertising injury" arising
out of any access to or disclosure of any
person’s or organization’s confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information, credit
card information, health information or
any other type of nonpublic information.
This exclusion applies even if damages
are claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other
loss, cost or expense incurred by you or
others arising out of any access to or
disclosure of any person’s or
organization’s confidential or personal
information.
C.
The following paragraph is added to
Section
III– Limits Of Insurance
:
Subject to Paragraph
5. Each Occurrence
Limit
, the most we will pay under
Coverage
A
for "property damage" because of all loss of
"electronic data" arising out of any one
"occurrence" is $100,000, unless modified by
endorsement.
D.
The following definition is added to
Section V
- Definitions
:
"Electronic data" means information, facts or
programs:
a.
Stored as or on;
b.
Created or used on; or
c.
Transmitted to or from;
computer software, (including systems and
applications software) hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
E.
For the purposes of the coverage provided by
this provision, the definition of "property
damage" in
Section V - Definitions
is
replaced by the following:
"Property damage" means:
a.
Physical injury to tangible property,
including all resulting loss of use of that
property. All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it;
b.
Loss of use of tangible property that is not
physically injured. All such loss of use
shall be deemed to occur at the time of
the "occurrence" that caused it; or
c.
Loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to properly manipulate "electronic
data", resulting from physical injury to
tangible property. All such loss of
"electronic data" shall be deemed to occur
at the time of the "occurrence" that
caused it.
For the purposes of this insurance, "electronic
data" is not tangible property.
10. SUPPLEMENTARY PAYMENTS
In the
Supplementary Payments – Coverages A
and B
provision:
The limit for the cost of bail bonds is increased to
$2,500.
11. TWO OR MORE COVERAGE PARTS OR
POLICIES ISSUED BY US
If this policy and any other policy issued to an
insured by us or any affiliated company provides
coverage that applies to the same claim or
damages, the maximum applicable limit(s) of
liability or limit of insurance under all the policies
will not exceed the highest applicable limit of
liability or limit of insurance under any one policy.
This condition does not apply to any policy issued
by us or an affiliated company specifically written
to apply as excess insurance over this policy.
12. NOTICE OF CANCELLATION TO CERTIFICATE
HOLDER(S)
This policy is subject to the following additional
Conditions:
A.
If this policy is cancelled by the Company,
other than for nonpayment of premium, notice
of such cancellation will be provided at least
thirty (30) days in advance of the cancellation
effective date to the certificate holder(s) with
mailing addresses on file with the agent of
record or the Company.
B.
If this policy is cancelled by the Company for
nonpayment of premium, or by the insured,
notice of such cancellation will be provided
within (10) days of the cancellation effective
date to the certificate holder(s) with mailing
addresses on file with the agent of record or
the Company.
If notice is mailed, proof of mailing to the last
known mailing address of the certificate holder(s)
on file with the agent of record or the Company
will be sufficient proof of notice.
Any notification rights provided by this
endorsement apply only to active certificate
holder(s) who were issued a certificate of
insurance applicable to this policy's term.
Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice
shall impose no liability of any kind upon the
Company or its agents or representatives.
13. CONTRACTUAL LIABILITY COVERAGE FOR
PERSONAL AND ADVERTISING INJURY
Exclusion
e
. of
SECTION I– COVERAGE
B
PERSONAL AND ADVERTISING INJURY
LIABILITY
is replaced by the following:
This insurance does not apply to:
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages:
(1)
That the insured would have in the
absence of the contract or agreement; or
(2)
Assumed in a contract or agreement that
is an "insured contract", provided the
"personal and advertising injury" occurs
subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
"insured contract", reasonable attorney
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "personal and advertising
injury", provided:
(a)
Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contract"; and
(b)
Such attorney fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which
damages to which this insurance
applies are alleged.
14. INSURED CONTRACT DEFINITION
a. INSURED CONTRACT–
CONSTRUCTION
OPERATIONS AND
MUNICIPALWORK
Paragraph
d.
of the definition of ''insured
contract'' in
Section V
-
Definitions
is
deleted and replaced by the following:
An obligation, as required by ordinance,
to indemnify a municipality.
b. CONTRACTUAL LIABILITY
Paragraph
f.
of the definition of “insured
contract” is deleted and replaced by the
following:
That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury", "property
damage", or "personal and advertising
injury" to a third person or organization.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph
f.
includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury", "property
damage", or "personal and advertising
injury" arising out of construction or
demolition operations, within 50 feet of
any railroad property and affecting any
railroad bridge or trestle, tracks, road-
beds, tunnel, underpass or crossing.
However, Paragraph
f.
does not include
that part of any contract or agreement:
(1)
That indemnifies an architect,
engineer or surveyor for injury or
damage arising out of:
(a)
Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports,
surveys, field orders, change
orders or drawings and
specifications; or
(b)
Giving directions or instructions,
or failing to give them, if that is
the primary cause of the injury or
damage; or
(2)
Under which the insured, if an
architect, engineer or surveyor,
assumes liability for an injury or
damage arising out of the insured's
rendering or failure to render
professional services, including those
listed in
(1)
above and supervisory,
inspection, architectural or
engineering activities.
All other terms and conditions in the policy remain
unchanged.
Item Description Unit
Estimated
Quantity
Unit Bid Price
Total Bid Price
1 Pre-Mobilization Site Video LS 1 $10,000 $10,000
2 Mobilization, Site Setup, Demobilization, and Site Cleanup (5%)
LS 1
$120,000 $120,000
3 Traffic Control LS 1 $50,000 $50,000
4 Site Safety and Security LS 1 $40,000 $40,000
5 Sheeting, Shoring, and Bracing LS 1 $35,000 $35,000
6 Stormwater Protection LS 1 $12,000 $12,000
7 8-Inch DIP Water Main to Furnish and Install LF 3,400 $450 $1,530,000 8 Abandon 6-Inch Water Main and Remove Existing Valves, Tees, and Saddles
LF 100
$550 $55,000
9.1 Construct 8-inch Gate Valves on New Water Main EA 15 $6,500 $97,500
9.2 Construct 12-inch Gate Valves on New Water Main EA 1 $8,500 $8,500 10 Reconnect Existing Hydrants to New Water Main EA 4 $5,500 $22,000
11.1 Reconnect Existing Services (4-inch & 6-inch) to New Water Main
EA 11
$5,500 $60,500
11.2 Reconnect Existing Services (1-inch & 2-inch) to New Water Main
EA 54
$1,900 $102,600
12 Construct Fire Hydrant and Assembly EA 4 $15,000 $60,000 13 Construct Tie-in Connections EA 7 $9,500 $66,500
14 Highlining Services LS 1 $40,000 $40,000
15 Potholing EA 10 $1,500 $15,000
16 8-inch Pipe to Remove, 10-inch Combined Sewer Pipe to Place
LF 338
$290 $98,020
17.1 Manhole to Remove EA 2 $3,000 $6,000
17.2 No. 3 Manhole Installation EA 3 $15,000 $45,000
17.3 Manhole to Remove, No. 3 Manhole Installation EA 1 $18,000 $18,000 18 Remove and Replace Drain Inlet with Drain Inlet No. 22 EA 3 $4,200 $12,600 19 10-inch Drain Inlet Lead Connections to Install LF 24 $290 $6,960 20 Sewer Service Removal & Reinstatement EA 6 $4,000 $24,000 21 CCTV Inspection LF 362 $20 $7,240
22 Unmarked Utility Crossing EA 4 $500 $2,000
23 Unsuitable Material, Removal, and Replacement CY 72 $50 $3,600 Alte
t24A Asphalt Streets: Alt 1 Trench Restoration (grind & overlay to from CL to curb/gutter - 23 ft width)
SF 33,100
$7 $223,425
24B Asphalt Streets: Alt 2 T-80 or E-90 and slurry or sand seal from CL to curb/gutter - 23 ft width
SF 33,100
$5 $162,190
24C Asphalt Streets:Alt 3 T-80 Trench Replacement SF 6,710 $15 $100,650 25A Concrete Alley: Alt 1 Full 20ft alley width replacement (all alleys - with rebar)
SF 32,400
$35 $1,134,000
25B Concrete Alley: Alt 2 Full 20ft alley width replacement (all alleys - without rebar)
SF 32,400
$28 $907,200
25C Concrete Alley: Alt 3 Score mark 4ft alley width
replacement per T-24 (all alleys - without rebar)
SF 9,400
$38 $357,200
25D Concrete Alley: Alt 4 Full 20th width Jazz Alley (21st - 22nd) & half alley 10 ft width others (with rebar)
SF 19,800
$35 $693,000
25E Concrete Alley: Alt 5 Full 20th width Jazz Alley (21st - 22nd) & half alley 10 ft width others (without rebar)
SF 19,800
$28 $554,400
City of Sacramento Lavender Heights Project Bid Schedule
AMENDMENT NO. 1
TO THE COMMUNITY WORKFORCE AND TRAINING AGREEMENT
CITY OF SACRAMENTO
This Amendment No. 1 to the August 21, 2018, Community Workforce and Training Agreement (“Agreement”) is made at Sacramento, California, by and between the City of Sacramento and the Sacramento-Sierra Building and Construction Trades Council, AFL-CIO, and the labor organizations that are signatory to this Amendment No. 1, is effective August 25, 2020.
WHEREAS, pursuant to Article XX of the Agreement (“Term”), the City and representatives of Sacramento-Sierra Building and Construction Trades Council, AFL-CIO, and Operating Engineers Local #3 have met and conferred regarding the City’s experience with street seal projects covered by the Agreement, and have determined that it would improve the operation of the Agreement if street seal projects were excluded from the Agreement for the remaining term of the Agreement.
WHEREAS, the Trades Council has also requested that the City agree to revisions to update Article 7 of the Agreement (“Union Security”) concerning employee representation.
NOW THEREFORE, the parties have agreed to revise the Agreement as follows:
1. Section 2.3 of the Agreement (Exclusions from Covered Work) is amended to add the following section 2.3.11:
2.3.11 The Agreement does not apply to any street seal work, including slurry seal, chip seal, or cape seal work, or any street seal component of a Project that is otherwise covered by the Agreement. The parties agree to meet and confer again regarding the City’s experience with street seal projects six to twelve months before the expiration of the CWTA.
2. Section 7.2 of the Agreement is amended and replaced as follows:
7.2 Employees are not required to become or remain union members as a condition of performing Covered Work under this Agreement. Employers shall make and transmit all deductions for union dues, fees, and assessments that have been authorized in writing by employees who elect to become union members in accordance with the applicable Master Agreement. Nothing in this Section 7.2 is intended to supersede the requirements of applicable Master Agreements as to those Employers otherwise signatory to such Master Agreements and as to the employees of those Employers who are performing Covered Work.
3. All other terms and conditions of the Agreement shall remain in full force and effect.
[Signatures on Foll owing Pages]
7
REQUIREMENTS FOR THE LOCAL HIRE AND COMMUNITY WORKFORCE TRAINING PROGRAM
INTRODUCTION
The City of Sacramento has established a Local Hire and Community Workforce Training Program (“Local Hire Program”) to facilitate the employment of residents from the City of Sacramento, as well as the County of Sacramento and nine other nearby counties (the “Local Area”), on the City's capital improvement projects and to develop increased numbers of local skilled construction workers to meet the requirements of the regional construction economy.
APPLICATION
The Local Hire Program applies to the City’s capital improvement projects where the cost of the integrated construction project is $1,000,000 or more.
DEFINITIONS
A “Covered Project” means a City construction project with a total cost of $1,000,000 or more.
The “Local Area” includes Sacramento, Yolo, Placer, El Dorado, Amador, San Joaquin, Sutter, Yuba, Nevada, and Sierra counties, in the following order of priority:
Priority 1: Residents of the City of Sacramento
Priority 2: Residents of Sacramento County, outside the City of Sacramento Priority 3: Residents of the Counties of Amador, El Dorado, Nevada, Placer, San Joaquin, Sierra, Sutter, Yolo, Yuba counties
A “Priority Apprentice” means an individual who is enrolled in a State of California approved Joint Apprentice Training Program, and who is a Resident of a Targeted Zip Code and meets one or more of the criteria maintained and enforced by the Sacramento Employment and Training Agency (“SETA”), including:
1. Veteran;
2. Prior offender;
3. Public assistance recipient;
4. Foster youth;
5. Homeless individual; or
6. Woman.
Determination of an individual’s qualifications as a Priority Apprentice shall be made by SETA based on documentation provided by the employee including: utility bills, including water, telephone, electricity, etc.; government issued documents, including driver’s license, court
order, etc.; bank statement; documentation from an insurance company; mortgage statement or residential lease/rental agreement; or, in the case of homeless individuals, a letter from a non-profit or other organization granting benefits or providing services to the individual. If necessary, SETA shall follow-up with visits or a phone call to verify information.
“Resident” means an individual who resides in the Local Area permanently. To demonstrate that an employee is a Resident of the Local Area, the employee shall provide the following documentation with a qualifying zip code: utility bills, including water, telephone, electricity, etc.; government issued documents, including driver’s license, court order, etc.; bank statement; documentation from an insurance company; a mortgage statement or residential lease/rental agreement; or, in the case of homeless individuals, a letter from a non-profit or other organization granting benefits or providing services to the individual. If necessary, SETA shall follow-up with visits or a phone call to verify information.
A “Targeted Zip Code” means one of the following economically disadvantaged zip codes:
95652, 95660, 95811, 95814, 95815, 95817, 95820, 95823, 95824, 95832, 95838.
LOCAL HIRE AND WORKFORCE DEVELOPMENT PROGRAM
Contractor and subcontractors hired to construct a Covered Project shall utilize workers, including Priority Apprentices and Student Interns, from the Local Area, as set forth below.
Total Workforce Goal
50% of the total workforce hours shall be worked by Residents the Local Area in the following priority:
1. Priority 1: Residents of the City of Sacramento.
2. Priority 2: Residents of Sacramento County outside the City of Sacramento.
3. Priority 3: Residents of the counties of Amador, El Dorado, Nevada, Placer, San Joaquin, Sierra, Sutter, Yolo, and Yuba.
Priority Apprentice Goal
20% of the total apprentice hours for the Covered Project, on a craft by craft basis, shall be worked by Priority Apprentices. Contractors will utilize the normal hiring hall procedures to reach this goal.
Student Internship Goals
All Contractors awarded construction contracts shall make a good faith effort to provide paid internship opportunities to eligible students. Such opportunities may include engineering,
design, and/or construction management work associated with the implementation or administration of a Covered Project or another project.
RECORDS AND DEMONSTRATING DILIGENT EFFORTS OF CONTRACTOR
Each contractor shall attend scheduled pre-job meetings and shall submit written workforce projections and projected work hours on a craft-by-craft basis. Within seven calendar days after receiving a notice to proceed, the Contractor shall meet with the City to present its plan for reaching the Total Workforce, Priority Apprentice, and Student Internship Goals.
Each contractor shall demonstrate its ongoing, diligent effort to satisfy the Total Workforce, Priority Apprentice, and Student Internship Goals by submitting monthly reports to the City identifying: i) journey-level workers that are Local Area Residents (including a listing with name, craft, and zip code of each worker); (ii) apprentices that satisfy the Priority Apprentice criteria, including a breakdown of apprentices that reside within the Targeted Zip Codes and a breakdown of the other Priority Apprentice criteria satisfied (reflecting the name, craft, zip code, and other qualifying criteria met for each apprentice); and iii) student interns that are Local Area Residents. Along with the monthly reports, each contractor shall submit certified weekly payrolls to the City to demonstrate the total hours worked on the project.
If the union hiring hall cannot, upon the request of the contractor or subcontractor, dispatch Local Area Residents or Priority Apprentices to the project, the contractor or subcontractor shall promptly notify the City.
In the event contractor’s monthly reports do not demonstrate progress toward achieving the Total Workforce, Priority Apprentice, and Student Internship Goals, or demonstrate contractor’s ongoing, diligent effort to do so, the City and the contractor shall meet and confer to identify necessary actions to resolve the issue and ensure a diligent effort to achieve the Total Workforce and Priority Apprentice Goals moving forward. If the contractor demonstrates that sufficient Priority Apprentices residing within the Targeted Zip Codes are unavailable, the City may prioritize apprentices that otherwise satisfy one of the criteria of Priority Apprentices who Reside in the Local Area.
The contractor shall maintain employment and payroll records of workers for three years after receiving final payment from the City. Such records shall show the name and address of worker, and the total number of hours worked.
No later than 30 days after completion of the project, a final report shall be prepared, certified correct by the contractor’s authorized representative, and furnished to the City. The contractor shall provide such other information, records, reports, certification, or other documents as may be required by the City, to determine compliance with any provision of the Local Hire Program.
1 Project Name here
PROPOSED TRADE ASSIGNMENTS
T
O: Sacramento -Sierra's Building and Construction Trades Council and Local Unions that have executed the Community Workforce Agreement O
WNER:
CO
NTRACTOR:
ADM
INISTRATOR: None
PU
RPOSE: To make proposed jurisdictional trade assignments, broken down by craft and classification, as well as to discuss details and answer questions relating to the project scope of work, safety and job requirements.
M
EETING PLACE: Operating Engineers Local 3
3920 Lennane Drive, Suite 110
Sacramento, California 95834
(916) 924-8675 – Fax: (Sacramento-Sierra's Building Trades Office) MEETING DATE:
MEETING TIME:
UNION RESPONSE DATE:
CONTRACTOR RESPONSE DATE:
2 ** PLEASE TYPE IN ALL INFORMATION **
1. SC
OPE OF WORK:
2 . ESTIMATED WORK SCHEDULE:
A pproximate Commencement Date:
A pproximate Completion Date:
3. A
DDRESSES:
J ob Location:
C ompany’s Local Mailing Address:
T
rust Fund Billing Address:
3 4. CONTRACTOR PERSONNEL:
P roject Manager:
O ffice Telephone #:
M obile Telephone #:
F ax Telephone #:
S uperintendent:
O ffice Telephone #:
M obile Telephone #:
F ax Telephone #:
S afety Represen tative:
O ffice Telephone #:
M obile Telephone #:
F ax Telephone #:
D
rug Test Result Coordinator: (List in order of contact priority) N ame of first Contact:
O ffice Telephone #:
M obile Telephone #:
N ame of second Contact:
O ffice Telephone #:
M obile Telephone #:
N ame of third Contact:
O ffice Telephone #:
M obile Telephone #:
D
ispatch Contact Personnel: The following Contractor personnel are the only ones authorized to call the hiring halls to have craft workers dispatched out to this project:
1. 2.
3. R
eferral procedures will be in accordance with the provisions contained within the EchoWater Community Workforce Agreement. The referral procedures are to be posted in the hiring halls in order to be in full compliance with the law.
4 5
. MANPOWER:
Cra
ft Peak Average
A sbestos Workers
B oilermakers
B ricklayers
C arpenters
C ement Masons
E lectrical Workers (Inside Wiremen)
E lectr ical Workers (Outside Line)
E levator Constructors
G laziers
Ins ulators
Ir on Workers (Structural)
I ron Workers (Rebar)
La borers
M illwrights
O perating Engineers
P ainters
P ile Drive rs
P lumbers/Pipefitters
P lasterers
R oofers
S heet Metal Workers ___________
5 Sprinkler Fitters ____________ ____________
Teamsters ____________ ____________
6 . OPERATIONAL INFORMATION:
N umber of Shifts:
1st Shift Schedule: AM/PM to AM/PM
2nd Shift Schedule: AM/PM to AM/PM
3rd Shift Schedule: AM/PM to AM/PM
P ay Day:
E nd of Pay Period:
Jo b -Site Telephone Number:
Jo b -Site Fax Number:
6 PROPOSED TRADE ASSIGNMENTS
NAME OF CONTRACTOR:
T
he following jurisdictional trade assignments are proposed and any Union in disagreement with any of these assignments may follow the EchoWater Community Workforce Agreement procedures.
I
f any trade assignment is contested by any Local Union signatory to the CWA, the Contractor or Sub- Contractor will review all submitted supporting documentation regarding the proposed trade assignment by competing Local Unions and submit to the Administrator and the Local Unions a ‘Final Trade Assignment’ letter prior to commencing work.
Asbestos Workers:
Boilermakers:
Bricklayers:
7 Carpenters:
Cement Masons:
Electrical Workers (Inside Wiremen):
Electrical Workers (Outside Line):
Elevator Constructors:
Glaziers:
Insulators:
Iron Workers (Structural):
8 Iron Workers (Rebar):
Laborers:
Millwrights:
Operating Engineers:
Painters:
Pile Drivers:
Plumbers/Pipefitters:
Plasterers:
9 Roofers:
Sheet Metal Workers:
Teamsters:
I
n the space below, please describe any work that you believe not to be covered by the Community Workforce Agreement.
10 UTILIZATION OF EQUIPMENT
NAME OF CONTRACTOR:
Li
st of equipment and the proposed assignment of craft for full-time use or operation of each piece:
(If additional space is needed, copy this page and attach it to the document) EQUIPMENT: CRAFT:
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
T
OOLS-OF-THE-TRADE: (Part-time use – no listing of craft is necessary) EQUIPMENT: EQUIPMENT:
1. 4.
2. 5.
3. 6.
11 SUB-CONTRACTORS
T
he following is a list of Sub-Contractors that will be used by the Contractor submitting this Proposed Trade Assignment document. Each Sub-Contractor listed must also submit a completed Proposed Trade Assignment document and go through a Proposed Trade Assignment Pre-Job Conference prior to commencing work.
A
copy of a signed Agreement To Be Bound (Attachment A) specific to this contract from each Sub- contractor identified below is to be attached to the end of this document. If additional space is needed, copy this page and attach it to the document.
Name of Sub-Contractor: Summary of Scope of Work:
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
19TPlease include all known permit numbers related to this project.1 9 T19TPlease attach a business card or include your name with a phone number and/or an email address. UU19T UUUU 19T19T19T19T19T UU32TUU32Twho is doing work on the projectjobsite cleanup crew is not doing other work on the project and is not self-hauling32T32T32T32TEnter your Permit Number on your Waste Log now!
Please put all known permit numbers related to this project.
@BCL@381571D7, Rev. 09/09/2020
RESOLUTION NO. 2025-
Adopted by the Sacramento City Council
April 29, 2025
CY-2024 Lavender Heights Water Main Project
BACKGROUND
A. Navajo Pipelines, Inc. was awarded the Design-Assist contract and pre-construction services for the CY 2024 Lavender Heights Water Main Project by City Agreement No. 2024-01943. Following completion of pre-construction services and agreement on a Guaranteed Maximum Price (GMP) acceptable to the City, staff submit a recommendation to City Council to authorize the City Manager to execute the construction services contract phase of the Design-Assist Contract.
B. A Resolution is needed as there is currently insufficient funding within the existing Project budget to deliver this project. Originally, the project scope included only upsizing and installing a new water main. However, Wastewater Engineering identified a combined sewer main within the project limits that required rehabilitation and replacement efforts. Wastewater Engineering and Water Engineering staff worked together to incorporate the removal and replacement of this main on Jazz Alley, between 21st Street and 22nd Street, into the Project Plans to be included in the GMP provided by Navajo Pipelines, Inc.
C. There is currently insufficient funding in the project budget to fund the project. A budget transfer is needed from the Combined Sewer System Pipe Program (X14170100, Fund 6021) in the amount of $352,780 and Central City Impact Fee (CCIF), (Fund 3210) in the amount of $421,800. Sufficient funding will be available for the CY 2024 Lavender Heights Water Main Project after the transfers have been made.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The contract plans and specifications for the Lavender Heights Water Main Project (Z14130404) under the Distribution Main Rehabilitation Program Z14130400 are approved.
Section 2. The City Manager or the City Manager’s designee is authorized to execute City Agreement with Navajo Pipelines, Inc. for construction services for the Lavender Heights Water Main Project, determined by a Guaranteed Maximum Price (GMP) of $3,010,040 acceptable to the City.
@BCL@381571D7, Rev. 09/09/2020
Section 3. The City Manager or the City Manager’s designee is authorized to approve budget transfers from the Combined Sewer System Pipe Program (X14170100, Fund 6021) for $352,780 and the Central City Impact Fee (CCIF, Fund 3210) in the amount of $421,800 to the Distribution Main Rehabilitation Program Z14130400.
Adopted by the City of Sacramento City Council on April 29, 2025, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Attest:
The presence of an electronic signature certifies that the foregoing is a true and correct copy as approved by the Sacramento City Council.