1.2.3 The Construction Manager shall review the schedule and provide any comments, its favorable review of the schedule, or request a meeting to review the schedule with the Contractor within thirty (30) days of receipt of the schedule. If requested, the Contractor shall participate in a review and evaluation of the schedule with the Construction Manager. Any revisions necessary as a result of this review shall be resubmitted for review by the Construction Manager within ten (10) days.
1.3 Base Schedule
1.3.1 Base Schedule Submittal - The Contractor shall submit an acceptable Critical Path Method (CPM) Schedule to the Construction Manager within sixty (60) days after the receipt of the Notice to Proceed. Subsequent revisions to said schedule shall be submitted as set forth hereinafter.
The Construction Manager shall review the schedule and provide any comments, its favorable review of the schedule, or request a meeting to review the schedule with the Contractor within twenty (20) days of receipt of the schedule. If requested, the Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the Construction Manager. Any revisions necessary as a result of this review shall be resubmitted for review by the Construction Manager within ten (10) days. When completed, the favorably reviewed schedule shall then be the schedule to be used by the Contractor for planning, organizing, and EXHIBIT 1
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directing the work, and for reporting progress. If the Contractor thereafter desires to make significant changes in its method of operating and scheduling, the Contractor shall notify the Construction Manager in writing stating the reasons for the change. Only one progress payment will be made prior to submission and acceptance of the CPM Schedule.
To the extent that the favorably reviewed initial Construction Schedule, or revisions thereto, indicate anything not jointly agreed upon, it shall be deemed to be not favorably reviewed by the Construction Manager. Any omission of work from the detailed schedule, otherwise required for Contract compliance, will not excuse the Contractor from completing such work within any applicable completion date.
A. Contract float is for the mutual benefit of both the City and Contractor. Changes to the project that can be accomplished within this available period of float may be made by the City without extending the Contract time, by utilizing float. Time extensions will not be granted nor delay damages owed until Work extends beyond currently accepted Contract completion date. Likewise, Contractor may utilize float to offset delays other than delays caused by the City. Mutual use of float can continue until all available float shown by schedule has been utilized by either the City or Contractor, or both.
At that time, extensions of the Contract time will be granted by the City for valid City-caused or third party-caused delays which affect the planned completion date and which have been properly documented and demonstrated by Contractor.
B. Schedule Logic: Assembled to show order in which Contractor proposes to carry out Work, indicate restrictions of access, availability of Work areas, and availability and use of manpower, materials and equipment. Form basis for assembly of schedule logic on the following criteria:
1. Which activities must be completed before subsequent activities can be started?
2. Which activities can be performed concurrently?
3. Which activities must be started immediately following completed activities?
4. What major facility, equipment or manpower restrictions are required for sequencing these activities?
C. Non-sequestering of float: Pursuant to float sharing requirements of Contract, schedule submittals can be rejected for, use of float suppression techniques such as preferential sequencing or logic, special lead or lag logic restraints, extended activity durations or imposed dates.
D. Interim milestone dates, operational constraints: In event there are interim milestone dates and/or operational constraints set forth in Contract, show them on schedule. Do not use Zero Total Float constraint or Mandatory Finish Date on such Contract requirements.
E. Schedule windows for City-furnished, Contractor-installed equipment or materials: Immediately after Award of Contract, obtain from Construction Manager anticipated delivery dates of the City furnished equipment or materials. Show these dates in the schedule in same manner indicated by Construction Manager.
F. Cost loading: All schedules:
1. Only on-site construction activities.
2. The sum total of all cost loaded activities equal the current value of the Contract, including change orders, at all times.
3. City acceptance of the Baseline Schedule creates the Schedule of Values required.
4. Provide updated Schedule of Values as the monthly Payment Application. Payments will not be made until updated Schedule of Values is accepted.
1.3.2 Schedule Type - The CPM Schedule submitted under this Specification shall utilize a critical path method (CPM) format using either the precedence or arrow diagramming method. The schedule shall show completion of the project at the Contract completion date.
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The schedule shall be computer generated utilizing either "Primavera" or a compatible scheduling program or the Contractor shall provide the Construction Manager with conversion software from the Contractor's scheduling program to the "Primavera" system. The Contractor shall provide a floppy disk for the initial base schedule and all monthly updates with the network diagram and mathematical analyses. The program shall be capable of accepting revised completion dates as modified by approved time adjustments and re-computations of all tabulation dates and float accordingly. The CPM schedule system shall consist of diagrams and accompanying mathematical analyses network diagram.
1.3.3 Network Diagram - The diagrams shall show elements of the project in detail and an entire project summary. Diagrams shall show the order and interdependence of activities and sequence in which the work is to be accomplished as planned by the Contractor. The basic concept of a network analysis diagram shall be followed to show how the start of a given activity is dependent on the completion of preceding activities and its completion restricts the start of following activities. Summary networks shall be time-scaled.
The graphic network diagram shall include for each activity, the description, activity number, the estimated duration in workdays, and all activity relationship lines. The network diagram shall be drawn for the early start of all activities. Minor activities with a cost less than $10,000 may be included in other activities and not identified separately, except that the Construction Manager may require specific minor activities be identified in the network.
1.3.4 Mathematical Analysis - The mathematical analysis of the network diagram shall include a tabulation of each activity. The following information shall be furnished as a minimum for each activity;
a. preceding and succeeding event numbers
b. activity (or I-J) description and number
c. estimated duration of activities
d. earliest start date (by calendar date)
e. earliest finish date (by calendar date)
f. actual start date (by calendar date)
g. actual finish date (by calendar date)
h. latest start date (by calendar date)
i. latest finish date (by calendar date)
j. slack or float
k. percentage of activity completed
l. activity constraints
m. cost value of each activity
If the precedence technique is utilized, the schedule report shall include a calendar in workdays, a network report sorted by early start, a network report sorted by total float, and a logic table report sorted by work item which indicates the complete preceding and succeeding logic ties. If the arrow technique is utilized, the schedule report shall include a calendar in workdays, a network report sorted by early start, a network report sorted by I-J numbers, and a network report sorted by float time and I-J numbers.
1.3.5 Durations - Durations shall be in calendar days and shall not exceed fifteen (15) workdays, except for submittal and delivery items. Where the duration of continuous work exceeds fifteen (15) workdays, work items in the Construction Schedule shall be subdivided by location, approximate stationing or other sub-element of the work.
1.3.6 Network Activities - Detailed network activities shall include:
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a. The submittal and approval of samples and equipment, fabrication of special material and equipment and their installation and testing.
b. The critical path shall be shown on all reports and on the graphic network diagram.
The activities which constitute the critical path shall be identified. c. System shutdown and tie-in dates must be identified and included on the schedule as milestones.
d. The activity numbers shall be grouped by work area to provide logical summary activities.
e. All activities of the City and the Construction Manager that affect progress and required contract dates for completion of all parts of the work. The selection and number of activities shall be subject to favorable review by the Construction Manager. f. All activities, other than procurement activities, shall be cost-loaded so that partial payments to the Contractor can be calculated on the basis of CPM reported work in place.
2.0 WEATHER CONDITIONS
Seasonal weather conditions shall be considered in the planning and scheduling of work influenced by high or low ambient temperatures or precipitation to ensure the completion of the Work within the Contract Time. No time extensions will be granted for the Contractor's failure to take into account such weather conditions for the location of the Work and for the period of time in which the Work is to be accomplished.
The expected loss of working days specified in the Supplementary Conditions, Paragraph 01010-5.0, Weather Days, shall be included in a separate identifiable critical activity labeled "Weather Days Allowance" to be included at the end of the project schedule. When weather days occur, and are approved as such by the Construction Manager, the Contractor shall either:
a. Increase the duration of the current critical activity (ies) by the number of weather days experienced, or
b. Add a critical activity to the schedule to reflect the occurrence of the weather day(s).
The duration of the weather day allowance activity shall be reduced as weather days are experienced and included in the schedule. Any remaining weather days in the weather day allowance activity at the completion of the project shall be considered as float and shall not be for the exclusive use or benefit of either the City or Contractor.
3.0 UPDATES
3.1 Submittal Period
The Contractor shall submit at monthly intervals a report of the actual construction progress.
Each monthly report shall cover a period of approximately thirty (30) days ending around the 30th of each month, or on another mutually agreed upon date each month. The monthly reports shall be submitted within ten (10) days of the end of the reporting period.
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A. Submit, on a monthly basis, updated schedules as specified. Submit final schedule update as specified.
B. Submit revised schedules and time impact analyses as specified.
C. Submit schedules in the media and number of copies as follows:
1. 3 sets of the CPM network and/or bar chart (as specified by the OWNER) on D-size sheets. Color-coding to be specified by the OWNER.
2. 3 sets of Tabular reports listing all activities sorted numerically identifying duration, early start, late start, early finish, late finish, total float, and all predecessor/successor information.
3. 2 sets of CPM Schedule data electronic files stored on CD/DVD.
3.1.1 All Monthly Updates - All monthly updates shall include as a minimum:
a. Tabulation reports for the following sorts:
1. I-J [or Activity] Numbers
2. Total Float
3. Early Start
4. Logic report of proceeding and succeeding activities with all restraints indicated (precedence schedules only)
b. Narrative Report - The report shall show the activities or portions of activities completed during the reporting period. The report shall state the percentage of the work actually completed and scheduled, the remaining duration, and the progress along the critical path in terms of days ahead or behind the allowable dates as of the report date. Any changes made by the Contractor to the schedule, including I-J (or Activity) numbers and activity descriptions, shall be listed.
3.1.2 On-Schedule Updates - If the project is proceeding on schedule, the monthly update report may consist of a marked-up copy of the graphical network diagram. This submittal shall clearly indicate the status of any minor shifts in sequence or schedule and the estimated completion date or percent complete of all activities currently in progress. The Contract completion date shall also be indicated. The Contractor shall submit a narrative report relating to status of construction, the schedule, and factors which may affect the remainder of the schedule.
3.1.3 Delayed Schedule Updates - If, in the opinion of the Construction Manager, the project is behind schedule, the monthly report shall include a revised network diagram and/or mathematical analysis showing the Contractor's proposed revised schedule. The schedule shall be revised under the conditions defined in Paragraph 01310-3.3, Schedule Revisions. An analysis of the effect that the delay has on progress along other paths shall also be included in the report. The Contractor shall also submit a narrative report with each updated analysis which shall include but not be limited to a description of current and anticipated problem areas, delaying factors and their impact, and an explanation of corrective actions taken or proposed.
3.2 Schedule Review
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Once each month, on a date mutually agreed upon, but no later than seven (7) working days after the submittal of the monthly update specified herein, a jobsite meeting will be held to review the Construction Schedule, job progress and the monthly update, or the Construction Manager will provide written comments on the monthly update.
3.3 Schedule Revisions
The conditions under which the Construction Manager will require revisions of the Construction Schedule include the following:
a. When delay in completion of any work item or sequence of work items results in an estimated extension of project completion by either twenty (20) working days or by five percent (5%) of the remaining duration of time to complete the Contract, whichever is less.
b. When delays in submittals or deliveries make re-planning or rescheduling of the work necessary.
c. When the schedule does not represent actual prosecution and progress of the work. d. When any change to the sequence of activities, the completion date for major portions of the work, or changes occur which affect the critical path. e. When Contract modification necessitates schedule revision.
The Contractor shall not make any changes to the critical path without the Construction Manager’s written consent.
4.0 TIME IMPACT ANALYSES
4.1 Requirement
When change orders impacting project duration are initiated, delays are experienced, or the Contractor desires to revise the schedule logic, the Contractor shall submit to the Construction Manager a written Time Impact Analysis illustrating the influence of each change, delay, or Contractor request on the current contract schedule completion date.
4.1.1 Construction Schedule Analysis -
a. Each Time Impact Analysis shall include a fragmentary network analysis demonstrating how the Contractor proposes to incorporate the change order, delay, or Contractor request into the Schedule.
b. The analysis shall demonstrate the time impact based on the date of occurrence of the change, delay or revision; the status of construction at that point in time; and the event time computation of all affected activities.
c. The event times used in the analysis shall be those included in the latest updated copy of the Construction Schedule or as adjusted by mutual agreement between the Construction Manager and Contractor.
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4.2 Delays
Activity time delays will not automatically mean that an extension of Contract Time is warranted or due the Contractor.
a. It is possible that a strike or contract modification will not affect existing critical activities or cause non-critical activities to become critical, i.e., a strike or modification may result in only absorbing a part of the available total float that may exist within an activity chain of the network, thereby not causing any effect on the Contract completion date or time. b. The Contractor acknowledges and agrees that mitigation for delays due to changes, differing site conditions, and other causes will require revision of preferential sequences of the Work before proposing an updated schedule which supports a delay to the Project as a whole. When a delay to the Project as a whole can be avoided by revising preferential sequencing, and the Contractor chooses not to implement the revisions, the Contractor will be entitled to a time extension but is not entitled to compensation for indirect overhead.
c. Float or slack shall not be for the exclusive use or benefit of the City or the Contractor.
Extensions of time for performance will be granted only to the extent that the equitable time adjustments for the activity or activities affected exceeds the total float along the activity chain involved at the time the change was ordered or the delay occurred. d. The definitions of "non-critical activities" and "total float" shall be as provided in the Associated General Contractors of America book "CPM in Construction, A Manual for General Contractors."
4.3 Submittal
Time Impact Analyses shall be submitted in quadruplicate and within fifteen (15) days after a delay occurs or with the Contractor's cost proposal in response to a notice of change from the Construction Manager. In cases where the Contractor does not submit a Time Impact Analysis for a specific change order, delay, or Contractor request within the specified period of time, then it is mutually agreed that the particular change order, delay, or Contractor request has no time impact on the Contract completion date and no time extension is required. a. Approval or rejection of Time Impact Analyses by the Construction Manager and the City will be made within fifteen (15) days after receipt of the Time Impact Analysis unless subsequent meetings and negotiations are necessary. b. Upon mutual agreement by both parties, schedule revisions illustrating the influence of change orders, delays, and/or Contractor requests will be incorporated into the next schedule update.
5.0 WEEKLY ACTIVITIES PLAN
On the last working day of every week the Contractor shall submit to the Construction Manager the Contractor's Plan of Activities for the following three weeks. The Plan of Activities shall describe the activity and location of the activity and include the activity's I-J or Activity number as provided in the Construction Schedule.
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6.0 CASH FLOW PROJECTION
A cash flow projection shall be submitted with the Construction Schedule. This cash flow projection shall be revised and resubmitted when revisions of the Construction Schedule will result in changes to the projected cash flow.
7.0 WORKHOUR PROJECTION
A work hour projection shall be submitted with the Construction Schedule. The projection shall list projected work hours for each intended trade. This applies to the Contractor and the Subcontractors as listed in the bid. The projection shall include work hours for project management, superintendence and administration. The work hour projection shall be revised and resubmitted when revisions to the Construction Schedule will result in changes to the projected manpower.
*** END OF SECTION ***
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SECTION 01400 - QUALITY CONTROL
1.0 QUALITY CONTROL
All materials and equipment shall be new and of the specified quality and equal to the samples found to be acceptable by the Design Consultant if samples have been submitted. It shall be the duty of the Contractor to call the Construction Manager's attention to apparent errors or omissions and request instructions before proceeding with the Work. The Construction Manager may, by appropriate instructions, correct errors and supply omissions not involving extra cost, which instructions shall be as binding upon the Contractor as though contained in the original Contract Documents.
At the option of the Construction Manager, materials and equipment to be supplied under this Contract will be tested and inspected either at their place of origin or at the site of the Work. The Contractor shall give the Construction Manager written notification at least 30 days prior to the shipment of materials and equipment to be tested and inspected at point of origin. Satisfactory tests and inspections at the point of origin shall not be construed as a final acceptance of the materials and equipment nor shall such tests and inspections preclude retesting or reinspection at the site of the Work.
Inspection of the Work by the City, Construction Manager and/or Design Consultant shall not relieve the Contractor of its obligations to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work, and to provide adequate safety precautions, in conformance with the intent of the Contract.
2.0 INSPECTION
All work and materials are subject to the inspection of the Construction Manager. The Contractor shall notify the Construction Manager before noon of the working day before inspection is required.
If the Specifications, the Construction Manager's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give timely notice, in writing, of its readiness for inspection. Unless otherwise determined by the Construction Manager, all inspections shall be done only in the presence of the Construction Manager or its authorized representatives. The City, Construction Manager, Design Consultant and authorized government agents and their representatives shall at all times be provided safe access to the Work wherever it is in preparation or progress and to all warehouses and storage yards wherein materials and equipment are stored, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract, and improper work will be subject to rejection. Work and materials not meeting such requirements shall be made good, and unsuitable work or materials may be rejected; notwithstanding that such work or materials have been previously inspected by the Construction Manager or that payment therefore has been included in a progress estimate.
No portion of any work or installed materials shall be covered or concealed in any manner whatsoever without first being inspected by the Construction Manager. If any work should be covered up without the approval or consent of the Construction Manager, the Construction Manager shall have the authority to require that such work be uncovered for examination; defective work, if any, corrected; and recovered at the Contractor's expense.
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3.0 SAMPLES AND TESTS
At the option of the Construction Manager, the source of supply of materials for the Work shall be subject to tests and inspection before the delivery is started and before such materials are used in the Work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of materials to be used in the Work in sufficient quantities or amounts for testing or examination.
All tests of materials furnished by the Contractor shall be made in accordance with the commonly recognized standards of national technical organizations, and such special methods and tests as are prescribed in the Contract Documents.
Certificates of compliance shall be provided by the Contractor as required in the Technical Specifications.
3.1 Sampling
The Contractor shall furnish such samples of materials as are requested by the Construction Manager, without charge. No material shall be used until the Construction Manager has had the opportunity to test or examine such materials. Samples will be secured and tested whenever necessary to determine the quality of the material. Samples and test specimens prepared at the jobsite, such as concrete test cylinders, shall be taken or prepared by the Construction Manager or Testing Firm in the presence and with the assistance of the Contractor.
3.2 Testing
Unless otherwise provided, all initial testing for concrete and soils shall be at no expense to the Contractor and shall be performed in the City's laboratory or in a laboratory designated by the City.
Any retesting required due to failed test or defective material or sample shall be at the Contractor's expense. When required by the Contract or the Construction Manager, the Contractor shall furnish, at no extra charge, certificates of tests of materials and equipment made at the point of manufacture by a recognized testing laboratory.
The Contractor is responsible for all system and equipment testing as provided for in these Contract Documents.
3.3 Test Standards
All sampling, specimen preparation, and testing of materials shall be in accordance with the standards of nationally recognized technical organizations.
The physical characteristics of all materials not particularly specified shall conform to the latest standards published by the American Society for Testing Materials, where applicable. *** END OF SECTION ***
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SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
1.0 GENERAL
The Contractor shall provide all temporary facilities and utilities required for prosecution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, or regulation.
The Contractor shall respond to public complaints when requested by the City.
2.0 TEMPORARY UTILITIES
2.1 Electrical Service
The Contractor shall arrange, at its own cost, with the local utility to provide adequate temporary electrical service at a mutually agreeable location. The Contractor shall then provide adequate jobsite distribution facilities conforming to applicable codes and safety regulations. The Contractor shall provide, at its own cost, all electric power required for construction, testing, general and security lighting, and all other purposes whether supplied through temporary or permanent facilities.
Electric power may be available for the Contractor’s use, on a site specific basis, and at the City’s sole discretion.
2.2 Water
The Contractor shall pay for and shall construct all facilities necessary to furnish water for its use during construction. Water used for human consumption shall be kept free from contamination and shall conform to the requirements of the State and local authorities for potable water. The Contractor shall pay for all water used for the Contractor's operations prior to final acceptance. The Contractor shall be responsible for the disposal of all water used in the course of construction in accordance with all local, state and national laws.
2.3 Temporary Lighting
The Contractor shall provide temporary lighting in all work areas sufficient to maintain a lighting level during working hours not less than the lighting level required by California OSHA standards.
As permanent lighting facilities are completed they may be used in lieu of temporary facilities, provided however, that bulbs, lamps, or tubes of such facilities used by the Contractor shall be replaced prior to final acceptance of the Work.
2.4 Heating and Ventilation
The Contractor shall provide means for heating and ventilating all work areas as may be required to protect the Work from damage by freezing, high temperatures, weather, or to provide a safe environment for workers. Unvented direct fired heaters shall not be used in areas where freshly EXHIBIT 1
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placed concrete will be exposed to the combustion gases until at least two hours after the concrete has attained its initial set.
2.5 Sanitary Conveniences
The Contractor shall provide suitable and adequate sanitary conveniences for the use of all persons at the site of the Work. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations at the site of the Work. All sanitary conveniences shall conform to the regulations of the public authority having jurisdiction over such matters. At the completion of the Work, all such sanitary conveniences shall be removed and the site left in a sanitary condition.
3.0 CONSTRUCTION FACILITIES
Construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities shall be of ample size and capacity to adequately support and move the loads to which they will be subjected. Railings, enclosures, safety devices, and controls required by law or for adequate protection of life and property shall be provided.
3.1 Staging and False work
Temporary supports shall be designed by a professional registered engineer with an adequate safety factor to assure adequate load bearing capability. If requested by the Construction Manager, the Contractor shall submit design calculations for staging and shoring prior to application of loads.
Excavation support shall be in accordance with Section 00700-4.12, Safety.
3.2 Temporary Enclosures
When sandblasting, spray painting, spraying of insulation, or other activities inconveniencing or dangerous to property or the health of employees or the public are in progress, the area of activity shall be enclosed adequately to contain the dust, over-spray, or other hazard. In the event there are no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures. The Contractor shall comply with the San Joaquin Valley Unified Air Pollution Control District regulations for such work.
3.3 Warning Devices and Barricades
The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. Such devices shall, as a minimum, conform to the requirements of Cal/OSHA.
A. Hazards in public right-of-way:
Contractor shall:
1. Mark at reasonable intervals, trenches and other continuous excavations in public rightof-way, running parallel to general flow of traffic, with traffic cones, barricades, or other suitable visual markers during daylight hours:
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a. During hours of darkness, provide markers with torches, flashers, or other adequate lights.
2. At intersections or for pits and similar excavations, where traffic may reasonably be expected to approach head on, protect excavations by continuous barricades:
a. During hours of darkness, provide warning lights at close intervals.
3.4 Above Grade Protection
On multi-level structures the Contractor shall provide safety protection that, as a minimum, shall meet the requirements of Title 8, California Code of Regulations.
3.5 Use of Explosives
All persons engaged in the activities of receiving, storing, using, handling or transporting any explosives must obtain a permit from the Fire Prevention Bureau; and all work shall be governed by the Health & Safety Code and any amendments or existing Articles of the National Board of Fire Underwriters Fire Prevention Code. The Contractor must notify the Construction Manager at least 14 days prior to the use of explosives.
4.0 PROTECTION AND RESTORATION OF PROPERTY
The Contractor shall be responsible for the protection of public and private property at and adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor is responsible for the following, at no additional cost to the City:
a. The Contractor shall conduct operations in a manner which will cause the least amount of damage, inconvenience and interference with the normal use of any public or private property. The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) and are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
b. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. Remove all transplantable trees, shrubs and bushes that may be damaged or destroyed by construction and reset them after construction. If damaged or removed because of the Contractor's operations, they shall be restored or replaced as required to return the property to its prior condition and location, or better, as is reasonably possible.
Lawns shall be re-sod, or re-seeded and covered with suitable mulch if appropriate sod is not available.
c. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements within the right-of-way which are designated for removal or would be destroyed because of the Work.
d. To store his apparatus, materials, supplies, and equipment in such orderly fashion at the site of the Work as will not unduly interfere with the progress of his Work or the work of any other contractor.
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e. To provide suitable storage facilities for all materials which are liable to injury by exposure to weather, theft, breakage, or otherwise. If the Owner determines that suitable storage for certain materials is not being provided, he may direct the Contractor to remove it from the job site, or to store it properly at the job site.
f. To place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work.
g. In coordination with the appropriate authorities probe, pot-hole, or otherwise ascertain the exact location of all existing underground improvements in advance of excavation such that no damage to these improvements will occur. In the event interferences in construction are encountered with the various existing improvements, the City reserves the right to appropriately change the alignment and grade of the facilities. h. Provide for the flow of all sewers and drains interrupted during the progress of the Work, in a manner acceptable to the City and immediately cart away and remove all offensive matter at no additional cost to the City.
Where interruption of existing utilities occurs as the result of the Contractor's activity for this Work, whether intentional or accidental, repairs to the interrupted utility shall be performed by the Contractor in a manner acceptable to the Owner unless instructed otherwise in these Contract Documents. The repairs, including materials used, shall be performed in accordance with the requirements of the respective utility as well as the requirements of the Contract Documents for this Project. Where a conflict exists between the requirements of the respective utility and those of the Contract Documents for this Project, the more stringent of the two shall apply unless instructed otherwise by the Owner.
5.0 PROJECT SECURITY
The Contractor shall make adequate provision for the protection of the Work area against fire, theft, and vandalism, and for the protection of the public against exposure to injury and shall comply with the City's security measures.
5.1 Fire Extinguisher
Sufficient number of fire extinguishers of the type and capacity required to protect the Work and ancillary facilities, shall be provided and maintained in readily accessible locations. The local fire marshal shall have jurisdiction in determining the appropriate level of protection required.
5. 2 First aid
Post first aid facilities and information posters conforming to requirements of OSHA and other applicable Laws and Regulations in readily accessible locations.
5.3 Temporary Fences
Except as otherwise provided, the Contractor shall enclose the site of the Work with a fence adequate to protect the Work and temporary facilities against acts of theft, violence, or vandalism.
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In the event all or a part of the site is to be permanently fenced, this permanent fence or a portion thereof may be built to serve for protection of the Work site, provided however, that any portions damaged or defaced shall be replaced prior to final acceptance.
Temporary openings in existing fences shall be protected to prevent intrusion by unauthorized persons. During night hours, weekends, holidays, and other times when no work is performed at the site, the Contractor shall provide temporary closures or guard service to protect such openings.
Temporary openings shall be fenced when no longer necessary.
6.0 ACCESS ROADS
Access roads shall be maintained to all storage areas and other areas to which frequent access is required. Similar roads shall be maintained to all existing facilities on the site of the Work to provide access for delivery of material and for maintenance and operation. Where such temporary roads cross buried utilities that might be injured by the loads likely to be imposed, such utilities shall be adequately protected by steel plates or wood planking, or bridges shall be provided so that no loads shall discharge on such buried utilities.
7.0 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other operations under its control.
7.1 Dust Control
The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other means acceptable to agencies having jurisdiction. Haul routes shall be kept visibly wet during excavation and hauling operations.
Unless the construction dictates otherwise, and unless otherwise approved by the Construction Manager, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete.
7.2 Mud Control
The Contractor shall: Prevent mud nuisance caused by construction operations, unpaved roads, excavation, backfilling, demolition, or other activities.
7.3 Noise Abatement
Operations at the Worksite shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours. Noise levels due to construction activity shall not exceed the levels specified by local ordinance.
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Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler.
7.4 Working Hours
Construction shall be allowed only between the hours of seven (7:00) a.m. and six (6:00) p.m. on weekdays and nine (9:00) a.m. to six (6:00) p.m. on weekends and holidays, unless otherwise approved by the City.
Normal working hours are defined as between the hours of seven (7:00) a.m. and six (6:00) p.m. on weekdays.
The Contractor shall be responsible for any inspection and additional administration costs incurred by the City, or its agents and representatives, for work by the Contractor outside the hours defined above on weekdays, or any work on weekends or holidays recognized by the City. Such costs shall be withheld from the succeeding monthly progress payment. Any work in Section 01010, Summary of Work, specifically required to be performed outside the normal working hours is excluded from the provisions of this paragraph.
The Contractor shall notify the Construction Manager at least 48 hours prior to any work outside the normal working hours defined above, on weekends or holidays. No work outside normal working hours will be allowed to take place without proper notification and approval by the construction manager.
7.5 Drainage Control
In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property.
Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow.
Drainage means shall be provided to protect the Work and adjacent facilities from damage due to water from the site or due to altered drainage patterns from construction operations.
Temporary provisions shall be made by the Contractor to ensure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses.
7.6 Construction Cleaning
The Contractor shall, at all times, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work.
The Contractor shall clean up not less than at the end of each work day, all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the Work shall present a neat, orderly and workmanlike appearance. More frequent clean-up shall be performed as required to maintain access to all other City facilities still in operation.
All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from its operations.
Before final inspection of the work, the Contractor shall clean the project site, material sites, and all ground occupied by him in connection with the work of all rubbish, excess materials, false-work, EXHIBIT 1
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temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition.
Nothing herein, however, shall require the Contractor to remove warning, regulatory, and guide signs prior to formal acceptance by the City.
Full compensation for all site maintenance and cleanup will be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefore.
7.7 Disposal of Material
The Contractor shall make arrangements for disposing of materials outside the Site and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the City from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to all required Federal, State, and local regulations pertaining to such disposal.
7.8 Parking and Storage Areas
All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the Construction Manager.
8.0 TRAFFIC REGULATION
8.1 General
The Contractor shall take all necessary steps to minimize inconvenience to the general public throughout all work under this Contract. No driveways or private roads shall be blocked without notifying the property owner and access must be restored during all non-working hours. Safe access must be maintained for pedestrian traffic throughout the work area at all times.
At least one lane of traffic in each direction must be kept open at all times unless prior approval is provided by the City and any affected agency. No roads shall be blocked or made inaccessible, due to the Contractor's work, without prior written approval of the City and the affected agencies.
The Contractor shall not block or obstruct fire lanes at any time.
8.2 Haul Routes
Prior to the pre-construction conference, the Contractor shall submit for approval the proposed route(s) for all construction traffic on the project. This shall include any designated routes, if any, shown on the Contract Drawings. Upon approval, the Contractor shall strictly adhere to that route(s) only, unless written permission is obtained to change the route(s).
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8.3 Traffic Control
Traffic control shall be in accordance with the California Department of Transportation Traffic Manual. The Contractor shall submit for approval, by the City and any other applicable agency, its traffic control plans prior to work on public streets.
Traffic control shall include signs, warning lights, reflectors, barriers, and other necessary safety devices and measures, including sufficient flaggers to direct vehicular traffic through the construction areas.
No material or equipment shall be stored/parked where it will interfere with the free and safe passage of public traffic, and at the end of each day's work, and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the public right-of-way.
Should the Contractor appear to be negligent in furnishing warning and protective measures, as above provided, the Construction Manager may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor at its expense.
9.0 PROJECT OFFICE
The Contractor shall maintain on the project site a suitable office or other protected area in which shall be kept project copies of the Contract Documents, project progress records, project schedule, shop drawings, and other relevant documents which shall be accessible to the City and Construction Manager during normal working hours.
10.0 CONTRACTOR’S SAFETY RULES
The Contractor shall execute and abide by all terms and conditions of the City's "Contractor's Safety Rules," a copy of which is included at the end of this section. The Contractor shall post "Contractor's Safety Rules" on the job site for the entire construction period for this Project.
11.0 CONSTRUCTION MANAGER'S OFFICE
The Contractor shall at its own expense, furnish a temporary Construction Manager's office with utilities as noted herein. The office shall be installed and operational the first day that the Contractor starts work at the project site, in a location as directed by the Construction Manager. Unless the Contractor is directed by the Construction Manager to remove the office at an earlier date, the office shall be disconnected from the utilities and removed from the site between twenty and thirty-five days after the Notice of Completion is recorded.
The office shall be insulated and of weather tight construction. It shall be equivalent to a mobile trailer having an area of at least 500 square feet. The unit shall be rigidly mounted and level. Stairs with a landing at floor level and handrails shall be provided for two entrance doors, each complete with deadbolt and or external padlock and four keys.
Each window shall be protected with minimum one-half (1/2) inch square security bars spaced at two (2) inch centers.
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The office shall have three rooms plus a toilet room. There shall be at least two operable screened windows per office room. Each room shall be adequately lighted, heated, ventilated, and air conditioned. HVAC equipment shall be capable of maintaining a 70 degree temperature within the building. A least six air changes per hour shall be provided in all rooms except the toilet room, which shall have twelve air changes per hour.
The Contractor shall provide, at its cost, electrical service to the office, including an adequate disconnect switch, and an automatic circuit breaker panel located on the inside of the office. At least one duplex 115 volt electrical receptacle shall be installed on the wall of each room with a maximum spacing between receptacles not to exceed eight feet.
Provide fluorescent type lights inside. At least 70 foot-candles of initial uniform lighting at desk level shall be provided in all rooms except the toilet room, which may have 30 foot-candles. Provide an outside light near one of the entrance doors.
The Contractor shall arrange, at it's cost, with the local utility to provide temporary telephone service at a mutually agreeable location in the Construction Manager's trailer. The telephone service shall provide for three (3) separate lines.
(SUB-OPTION A: WITH WATER AND SEWER SERVICE)
The Contractor shall provide water and sewer connections to the toilet room. The toilet room shall contain a flush-type water closet, a lavatory sink with hot and cold water, a mirror, an electric 5- gallon water heater, toilet paper dispenser, paper towel dispenser, coat hook, shelf and waste receptacle.
(SUB-OPTION B: WITHOUT WATER AND SEWER SERVICE)
The toilet room shall contain a flush-type water closet, a mirror, toilet paper dispenser, paper towel dispenser, coat hook, shelf and waste receptacle. A holding tank or similar device shall be installed and connected for sanitary sewage. The Contractor shall pump the holding tank as necessary during the duration of the job.
The office shall be furnished by the Contractor with the following equipment. All equipment shall be new.
a. 4 desks
b. 4 swivel chairs
c. 2 four-drawer filing cabinets
d. 2 drafting tables
e. 2 drafting stools
f. 2 desk lamps
g. 1 plan holder rack with 12 plan sticks
h. Dry erase board 96 by 48 inches, magnetic.
i. Refrigerator, 6.0 cubic feet capacity.
j. Microwave oven, 1.0 cubic feet.
Field office data service and equipment: Provide one of the following data services (listed in order of preference and increasing cost) for the duration of the project.
Contractor is responsible for all maintenance of service and hardware. Data service will be dedicated to the Construction Manager and not shared with any other party.
The Contractor shall provide a durable and weather tight system for connecting the EXHIBIT 1
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Construction Manager’s trailer to the service provider’s facilities at the jobsite boundary:
at the jobsite boundary:
Provide high-speed Internet access (DSL or cable modem); with a minimum 512- kilobit per second download/512-kilobit per second upload. This access must have a minimum of 8 (5 usable) IP address. In addition, it must provide an average round-trip delay of less than 150 ms to the Construction Manager’s Internet gateway.
1) Provide 1 ISDN BRI, coded for data use, and all associated usage charges.
This BRI will be used to direct dial to the Construction Manager’s remote access gateway located in the 602 area code.
2) Provide private line or frame-relay Internet access with a minimum 512-kilobit per second download/512k upload. This access must have a minimum of 8 (5 usable) IP address. In addition, it must provide an average round-trip delay of less than 150 ms to the Construction Manager’s Internet gateway. k. Provide new data service hardware corresponding with above options. Contractor is responsible for all maintenance of service and hardware:
1) For option 1 above, provide appropriate DSL or cable modem device. In addition, provide one Cisco ASA 5505 firewall with 3DES software, part number ASA5505-SEC-BUN-K9 and Cisco 4 hour response onsite Smartnet Maintenance for duration of project.
2) For option 2 above, provide one Cisco 804 ISDN router, part number CISCO804 and Cisco 4 hour response onsite Smartnet Maintenance for duration of project.
3) For Option 3 above, provide the following:
a) Visual Networks IP Enterprise central office T1 drop-and-insert CSU/DSU.
b) Cisco 2651 VPN router bundle, Cisco part number C2651-2FE/VPN/K9 and Cisco 4 hour response onsite Smartnet Maintenance for duration of project.
c) Serial interface card, Cisco part number WIC-1T.
d) Serial cable, Cisco part number CAB-V35MT.
l. Field office local area network: Provide the following to create a local area network for the Construction Manager:
1) Install Category 5e cabling to support all specified computers, printers, and other network device. This cabling should be home-run to a patch panel and meet all applicable installation standards for CAT5e. Patch panel and jack locations to be coordinated with ENGINEER.
2) Provide 10/100 Ethernet Switch sized to support all specified network devices for Construction Manager with an allowance for 50 percent growth/spare ports.
3) Provide APC SmartUPS RT 1500 uninterruptible power supply, model SURTA1500XL.
4) Provide Category 5e patch cables for all networking equipment; both for patch panel to switch connection and for wall jack to network device connection. m. Field office computer systems: Furnish and install #new complete computer systems. Contractor is responsible for all maintenance of hardware and software.
Each system shall consist of, as a minimum:
1) Motherboard or Construction Manager-approved alternate. 2) Intel® Core 2 Duo Processor E6750 processor.
3) Minimum 250 GB hard disk.
4) Minimum 2 GB RAM.
5) One parallel and 2 serial ports (not including modem).
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6) Minimum 2 USB ports.
7) 56 kilobit per second voice/data internal modem.
8) 19-inch color LCD monitor, 1280 by 1024, 0.25mm dot pitch, non-interlaced.
Brand should be View Sonic or Engineer-approved equivalent 9) Minimum 128 MB video card.
10) 101 key keyboard
11) MS mouse and mouse pad
12) Sony DRU-840A (20x max, dual format, DVD +/R) drive, or equivalent sound card and speakers.
13) Intel Etherexpress 10/100/1000 RJ-45 PCI network card. 14) Cables, connectors, and controller cards, as necessary, to provide a functioning system, including computer accessories.
15) A/C surge suppressor with telephone line protection sized for computer system.
16) Uninterruptible power supply, APC model SmartUPS 700 or equivalent. 17) 4 GB USB flash media storage device
18) 100 DVD-R media.
19) Microsoft Windows XP Professional operating system. 20) Microsoft Office 2007 Professional.
21) Adobe Acrobat, latest version (full package, not just the free reader). 22) McAfee Virus Scan, latest version.
23) Current version of Business and Legal Reports Safety Training Presentations, Product Code 11006100.
n. Additional computer-related items:
1) HP LaserJet 9050dn laser printer:
a) Onsite HP maintenance for duration of project.
b) 384 MB additional memory.
c) Paper, toner, and other supplies for duration of project. 2) HP Business Color Inkjet 2800 dtn printer:
a) Paper, ink cartridges, and other supplies for duration of project. 3) AutoCAD LT for Windows by AutoDesk latest version.
4) Canon PowerShot SD870 IS digital camera:
a) 2 Spare batteries and chargers.
b) Two 4 GB compact flash cards.
5) HP Scanjet 7650 document flatbed scanner:
a) All required cabling and interface cards.
o. One telephone answering machine.
p. One facsimile (Fax) machine capable of providing the following functions:
1) Unattended receiving operation for plain paper, commercial grade, 250 sheet cassette, programmable memory, and document feeder.
2) Digital modem speed: [___] [9,600] bits per second with automatic fallback to 7,200, 4,800, or 2,400 bits per second.
3) The terminal shall have the following features:
a) Resolution: 196 vertical by 203 horizontal lines per inch (lpi) resolution. b) CCITG3, CCITG2 compatibility.
c) RJ11 series modular jack line connection.
d) Solid-state flatbed scanner.
e) Electro thermal recorder.
4) Obtain and pay for a service contract with a local representative of the facsimile vendor or manufacturer for availability of a service representative to perform on-site service and repair.
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5) Provide all necessary paper and other materials required for proper operation of the facsimile.
3. Locate field office where directed.
4. Have field office ready for occupancy within 2 weeks after start of site work.
The Contractor shall provide a water chiller fountain with hot and chilled water service. The Contractor shall provide bottled water service with a minimum of four 5-gallon bottles per month.
The Construction Manager shall be responsible for paying for the monthly power and telephone service.
*** END OF SECTION ***
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SECTION 01600 - MATERIAL AND EQUIPMENT
1.0 STORAGE OF MATERIALS
Materials shall be stored in such a manner as to ensure the preservation of their quality and fitness for the Work. When considered necessary by the Construction Manager, materials shall be placed on platforms or other hard, clean surfaces, and covered when directed.
Materials shall be stored so as to facilitate inspection. Storage areas shall be suitably fenced, if necessary to protect the public or the material.
Unless otherwise designated in the General Requirements, locations and arrangements for storage sites for materials and equipment outside the limits of work shall be selected and maintained by the Contractor at its expense. Full compensation for furnishing such storage sites as may be necessary or required by the Contractor shall be considered as included in the price bid and no additional compensation will be allowed therefore. The City shall be specifically exempted in any agreement from any liability incurred from the use of private property for construction purposes.
Use of portions of the City's area at the site for materials and equipment storage shall be permitted only upon the approval of the Construction Manager.
2.0 HAZARDOUS MATERIALS
The storage and handling of potential pollution causing and hazardous materials, including but not necessarily limited to, gasoline, oil and paint shall be in accordance with all local, state and federal requirements. All hazardous materials shall be stored and handled in strict accordance with the Material Safety Data Sheets for the products. Material Safety Data Sheets shall be submitted to the Construction Manager prior to the delivery of materials to the project. Hazardous materials shall be removed and legally disposed as soon as no longer needed for project work. All spills of potential pollution causing and hazardous materials shall be contained, cleaned-up, removed and legally disposed, and remediated completely at no additional cost to the City.
3.0 MATERIAL AND EQUIPMENT SUBSTITUTIONS
3.1 General
In preparing these Specifications, the Design Consultant has named those products which to its knowledge meet the Specifications and are equivalent in construction, functional efficiency, and durability.
Wherever catalog numbers and specific brands or trade names preceded by "similar and equal" or followed by the designation "or equal" are used in conjunction with a designated material, product, thing, installation, or service mentioned in these Specifications, they are used to establish the standards of quality and utility required.
The first-named manufacturer is the basis for the project design and the use of alternative-named or unnamed manufacturer's products proposed by the Contractor may require modifications in the project design and construction. Where only one product has been named by brand, it is the only EXHIBIT 1
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brand, trade name, or manufactured product known to the Design Consultant that meets these Specifications.
Wherever catalog numbers and specific brands or trade names not preceded by designation "similar and equal" nor followed by the designation "or equal", are used in conjunction with a designated material, product, thing, installation, or service mentioned in these Specifications, to ensure compatibility with existing facilities, no substitutions will be allowed. Reference Paragraph 00100-19.0, Substitutions During Bidding.
3.2 Substitutions
Substitutions which are equal in quality and utility to those specified will be permitted, subject to the following provisions. For this purpose, the Contractor shall submit to the Construction Manager in accordance with Public Contract Code Section 3400, no later than thirty five (35) days after the Notice to Proceed, a typewritten list containing a description of each proposed substitute item or material. Sufficient data, drawings, samples, literature, calculations, or other detailed information as will demonstrate to the Design Consultant that the proposed substitute is equal in quality and utility to the material specified shall be appended to this list. The Design Consultant will favorably review in writing such proposed substitutions as are, in its opinion, equal in quality to the items or materials specified. In the event that a substitute is favorably reviewed, fifty percent (50%) of all savings shall be credited to the City.
Failure of the Contractor to submit proposed substitutions for review in the manner described above and within the time prescribed shall be sufficient cause for rejection by the Construction Manager of any substitutions otherwise proposed.
3.3 Modifications and Costs
If named alternatives or substitutions are proposed by the Contractor and favorably reviewed by the Design Consultant, the Contractor is responsible for providing, at no additional cost to the City, any electrical, mechanical, structural, or other related changes or testing that may be required to accommodate or provide the particular material or equipment the Contractor desires to use. Any deviation from the Specifications or the Drawings resulting from the type of material or equipment to be used shall not be the basis for any "extra charges" above and in excess of the original bid price of the work.
In addition the Contractor is responsible for all additional costs to the City, and its agents and representatives, for evaluation of data submitted by the Contractor for alternative named or substitutions and any redesign necessary. The City shall deduct said costs from the Contract monies due the Contractor.
*** END OF SECTION ***
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SECTION 01660 - SYSTEM TESTING
The Contractor shall test the facilities as specified in the City of Stockton Standard Plans and Specifications.
The Contractor shall provide all necessary facilities for conducting the tests, including but not limited to, personnel, power, water equipment, and chemicals. The Contractor shall provide the required minimum notice to the Construction Manager of its readiness and intent prior to each test. *** END OF SECTION ***
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SECTION 01670 - TRAINING
1.0 GENERAL
Conduct an instruction program for City's operation and maintenance personnel. Provide training for the purpose of familiarizing the City's personnel with the proper operation and maintenance of all equipment. Training shall include both classroom instruction and "hands-on" instruction held at the equipment.
Additional specific requirements for each type of equipment and/or system are identified in the Specification sections covering the various project equipment and/or systems.
2.0 INSTRUCTORS
Training for an individual component within a system shall be performed by the manufacturer’s factory-certified personnel. Training provided by the system fabricator, packager, integrator, or supplier shall be in addition to the component training.
Training instructors shall be trained and familiar with giving both classroom and hands-on field training.
3.0 SCHEDULING
Conduct training after the equipment has been installed, tested, and adjusted, and prior to City acceptance for beneficial occupancy or substantial completion of the respective equipment item, unless required earlier in the progress of the work the Specification section covering that equipment or system. Training shall be a prerequisite for acceptance.
Schedule instruction periods acceptable to the City, and provide formal written notice of the proposed instruction period at least fourteen (14) days prior to commencement of the instruction period. The City will review and comment on the proposed training schedule to accommodate scheduling of its shift personnel and ongoing or forecasted workload. The duration of the training sessions may vary from one hour up through multiple days, and should be based upon the complexity of the equipment involved and the training required.
For operation and routine maintenance instruction, three separate but identical training sessions for each respective equipment item or system shall be required (on different days or sets of days for multiple day sessions) to accommodate the scheduling of City’s shift personnel and City’s workload. For detailed maintenance and overhaul training, and for detailed troubleshooting, repair, and programming instruction for electrical and instrumentation equipment, two separate but identical training sessions (on different days or sets of days for multiple day sessions) shall be required for each respective equipment item or system.
4.0 INSTRUCTION PROGRAM
Instruction programs shall include basic system operation theory, troubleshooting, routine maintenance and repair, "hands-on" operation of equipment, and rebuild/overhaul procedures.
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instructions, etc.) used in the training sessions for the use of City's personnel in attendance and for insertion into the O&M manuals. All training material shall become the property of the City.
Instructors shall prepare a typed agenda for each training session and submit to City with the proposed training schedule twenty-one (21) days prior to the proposed commencement of the training period. City will review and comment on the adequacy of the proposed training and training schedule. Instructors shall obtain City approval of each training session agenda prior to the start of its respective session.
Training sessions, and their respective agendas, shall be organized into topic groupings to allow City to coordinate personnel attendance with the topics being taught. For example, operators do not need to attend overhaul training. Agenda shall also include a statement of the intended audience, list of major training topics, goals and objectives for each major training topic, and motivational statements (i.e. why is this important).
Training sessions shall cover the information required in the Operation and Maintenance manuals submitted in accordance with Section 01300 and the following topics, as applicable:
a. Operation, including theory of operation, start-up procedures, shutdown procedures, instrumentation and controls
b. Lubrication, including changing of major fluids
c. Operation safety
d. Emergency situation response
e. Troubleshooting
f. Preventive maintenance procedures
g. Optimizing life of equipment components
h. Maintenance, including adjustment and/or removal and replacement of wear components
i. Overhaul and repair, including takedown procedures, disassembly and assembly j. Programming
k. Record keeping
Training for overhaul and repair on mechanical equipment, and for troubleshooting, repair, and programming on electrical, instrumentation, and control equipment shall provide sufficient detail, duration, and quality to result in factory certification for City staff receiving such training, where factory certification is available. This training shall include an examination to determine the competency of the participating students. All tests shall be scored by the instructor and results submitted to the City. Certificates shall be issued by the manufacturer to those students demonstrating a level of competency acceptable to the manufacturer. The manufacturer/instructor shall anticipate training City staff to this level of detail as follows:
Mechanical Equipment Two separate sessions with four City maintenance staff in each session (separate days)
Electrical, Instrumentation and control Two separate sessions with four City maintenance staff in each session (separate days)
5.0 LOCATION
All training shall be conducted at City facilities, except that training for factory certification in troubleshooting, repair, and programming of electrical, instrumentation, and control equipment may occur at the manufacturer's facility, at the manufacturer's option. Should the manufacturer choose to conduct this factory certification training at its facilities, the Contractor shall arrange for and pay EXHIBIT 1
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all costs for travel, lodging, meals, and other associated expenses for City staff to travel to and from, and receive training at, the manufacturer's facility, at no additional cost to the City.
6.0 RECORDING OF TRAINING SESSIONS
Contractor shall record in color using DVD format, every session of the instruction program for each respective equipment item or system. Recording shall be performed by a person experienced in the operation of video recording equipment. Care shall be taken to properly place the camera, and provide adequate lighting and sound systems to ensure good video and audio quality. The final submitted DVD shall be subject to City approval and acceptance.
For video recording of "hands-on" training at the equipment, ambient noise shall be considered too loud to obtain satisfactory sound quality. For "hands-on" training sessions at the equipment, the recording shall be done without sound and the instructor shall dub a detailed narrative onto the recording by a means that will provide sound quality satisfactory to the City. Contractor shall propose a dubbing methodology to the City for approval prior to the first "hands-on" training session.
Contractor is not required to video record factory certification training that occurs at the manufacturer's facilities, but shall record any such training that occurs at City facilities.
Label each DVD identifying the session and respective equipment item or system. Multiple sessions of the same instruction program may be contained on the same DVD, but only one equipment item or system shall be recorded on the same DVD. The original and one copy of each DVD shall be submitted to the City within seven days following completion of each respective instruction program and any post-session dubbing. Responsibility for coordinating and providing all equipment, including video recorder and microphones, necessary to satisfactorily record each session, including all associated costs, shall be borne by the Contractor at no additional cost to the City.
*** END OF SECTION ***
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SECTION 01700 - CONTRACT CLOSEOUT
1.0 INSTRUCTION MANUALS
All Instruction Manuals shall be submitted to, and approval by the Construction Manager obtained, prior to seventy-five (75) percent of the work being completed, or prior to the City taking beneficial occupancy of any equipment or facility, whichever occurs first. Incomplete or unacceptable Instruction Manuals as determined by the Construction Manager shall constitute justification for withholding all or any portion of progress payments.
2.0 EQUIPMENT START-UP
After all acceptance tests have been completed by the Contractor and City, but prior to final acceptance, the Contractor shall recheck all equipment for proper alignment, adjustment, and calibration, check oil levels, re-lubricate all bearing and wearing points, and in general assure that all equipment is in proper condition for regular continuous operation.
3.0 FINAL CLEANING
3.1 Final Clean Up
Before final inspection of the Work, the Contractor shall clean the construction area, material sites, adjacent property and streets, and all ground occupied by the Contractor in connection with the Work of all rubbish, excess materials, form lumber, etc. All parts of the Work shall be left in a neat and presentable condition.
3.2 Final Building Clean-Up
On all building projects and wherever else applicable, besides general broom cleaning, the following special cleaning shall be performed at completion of the Work:
a. Putty stains and paint shall be removed from glass; glass shall be washed and polished, inside and outside. Care shall be exercised so as not to scratch glass. b. Marks, stains, fingerprints, and other soil and dirt shall be removed from painted, decorated, or stained work.
c. Waxed woodwork shall be cleaned and polished.
d. Hardware shall be cleaned and polished of all traces; this shall include removal of stains, dust, dirt, paints, and blemishes.
e. Spots, soil, paint, plaster, and concrete shall be removed from tile; tile work shall be washed afterwards.
f. Fixtures and equipment shall be cleaned, and stains, paint, dirt, and dust shall be removed.
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g. Temporary floor protections shall be removed; floors shall be cleaned, waxed, and buffed.
h. Dust, cobwebs, and traces of insects and dirt shall be removed.
4.0 PROJECT COMPLETION
4.1 Substantial Completion
Substantial Completion is the date upon which written acceptance by the Owner has occurred stating that the construction of facilities is sufficiently completed in accordance with the Contract Documents, such that specific facilities can be utilized for the purpose for which they are intended, and the Owner thereupon takes beneficial occupancy of each facility.
4.2 Final Completion
Final Completion is the date upon which written acceptance by the Owner has occurred stating that the Construction of all remaining Work as required by the Contract Documents, has been completed in accordance with the Contract Documents. The following items as they pertain to all remaining Work of the Project are included in the requirements which shall be completed prior to Final Completion being certified:
a. Removal and disposal of all non-salvageable materials, and clean-up of the project area. b. Correction of all work deficiencies and/or non-compliance items. The punch list for the entire Contract shall be resolved to the Owner's satisfaction prior to Final Completion. c. Written certification by the Contractor stating that all the above items have been accomplished and a request that the Owner accept the project as having attained "Final Completion.”
A. Submit following Closeout Submittals upon Substantial Completion or upon completion of the Work and at least 7 days prior to submitting Application for Final Payment:
1. Evidence of Compliance with Requirements of Governing Authorities.
2. Project Record Documents
3. Operation and Maintenance Manuals.
4. Warranties and Bonds.
5. Keys and Keying Schedule.
6. Evidence of Payment and Release of Liens and/or Stop Payment Notices as outlined in Conditions of the Contract.
7. Release of claims as outlined in Conditions of the Contract.
8. Survey Record Documents as specified in Section 01722.
9. Certificate of Final Completion.
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4.3 PROJECT RECORD DOCUMENTS
A. Maintain at Project site, available to the City and Construction Manager, 1 copy of the Contract Documents, shop drawings, and other submittals in good order:
1. Mark and record field changes and detailed information contained in submittals and change orders.
2. Record actual depths, horizontal and vertical location of underground pipes, duct banks, and other buried utilities. Reference dimensions to permanent surface features.
3. Identify specific details of pipe connections, location of existing buried features located during excavation, and the final locations of piping, equipment, electrical conduits, manholes, and pull boxes.
4. Identify location of spare conduits including beginning, ending, and routing through pull boxes and manholes. Record spare conductors, including number and size, within spare conduits and filled conduits.
5. Provide schedules, lists, layout drawings, and wiring diagrams.
6. Make annotations with erasable colored pencil conforming to the following color code:
Additions: Red
Deletions: Green
Comments Blue
Dimensions: Graphite
B. Maintain documents separate from those used for construction:
1. Label documents "RECORD DOCUMENTS."
C. Keep documents current:
1. Record required information at the time the material and equipment is installed and before permanently concealing.
D. Deliver record documents with transmittal letter containing date, Project title, Contractor's name and address, list of documents, and signature of Contractor.
E. During progress meetings, record documents will be reviewed to ascertain that changes have been recorded.
5.0 GUARANTEE
The Contractor shall guarantee that the equipment, materials and workmanship furnished under this Contract, including all work and materials provided by subcontractors or manufacturers of packaged equipment components, will be as specified and will be free from defects for a one-year guarantee period, starting from the date of Substantial Completion of the Work, unless a longer period of time is prescribed by law or required by special provisions elsewhere in the Contract Documents and except as otherwise noted herein. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. The Contractor also agrees to indemnify, defend, and hold the City harmless from liability of any kind arising from damage due to said defects. The Contractor shall execute and submit a completed Warranty Form prior to the Substantial Completion date or the final acceptance of the project or within five (5) days of the occupancy or use of a portion of the Work, whichever is applicable.
EXHIBIT 1
619
If a specific item (or items) of equipment or material cannot be utilized by the City at Substantial Completion because the Work is incomplete or defective, the guarantee for that item (or items) shall begin when the City is provided beneficial use. Beneficial use for any such items shall be provided prior to Final Completion.
In the event warranty work involves repair or replacement of parts, machine work, or any other work which affects the equipment or materials installed under this Contract, the Contractor's guarantee on such items and work shall be extended for a period of one year from the date of installation of said replacement items, or the performance of said repair or replacement work.
Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects, failure or abnormalities which, in the judgment of the City, become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools and supplies required for correction of defects, failure or abnormalities shall be paid by the Contractor and its Surety. If, within ten (10) days, unless specified otherwise by the City, after the City gives the Contractor notice of a defect, failure, or abnormality of the Work, the Contractor neglects to make the necessary repair or adjustments, the City may make the repair or adjustments or order the Work to be done by a third party, with the cost of the Work to be paid by the Contractor and its Surety. In the event of an emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs or adjustments may be made by the City, without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor and its Surety.
The City and the Contractor agree that guarantee period on the parts of the work possessed and used by the City in accordance with Paragraph 00700-3.5, City's Right to Use or Occupy, shall commence on the date that the City takes possession of such work and so notifies the Contractor in writing. The City and Contractor further agree that such possession and use of the work shall not be deemed as Substantial Completion or acceptance of any other part of the Work.
Prior to the expiration of the guarantee period, the City reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds and maintenance requirements and determine required repair or replacement of defective items.
For the purpose of this Section, acceptance of the Work or a portion of the Work by the City, shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. *** END OF SECTION ***
EXHIBIT 1
620
City of Stockton
Legislation Text
File #: 26-0557, Version: 1
APPROVE MOTION TO EXECUTE A FIVE YEAR MEMORANDUM OF UNDERSTANDING
AGREEMENT WITH SAN JOAQUIN COUNTY AND THE CITY OF STOCKTON POLICE
DEPARTMENT FOR LEXISNEXIS RISK SOLUTIONS IN A TOTAL NOT-TO-EXCEED THE AMOUNT OF $235,704
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize the City Manager to execute a five-year Memorandum of Understanding Agreement between the City of Stockton and San Joaquin County for LexisNexis Risk Solutions in an amount not to exceed $235,704.
It is further recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The San Joaquin County Sheriff’s Office (SJC) established a Safety Data Exchange Consortium to facilitate the sharing of law enforcement data and enhance public safety efforts through the use of LexisNexis’ Accurint Virtual Crime Center (AVCC) software program. To participate in the consortium and continue utilizing the AVCC program, the City is required to execute a Memorandum of Understanding (MOU) with SJC (Attachments A and B). Approval of the MOU will ensure uninterrupted access to the AVCC platform and continued support for the Stockton Police Department (SPD).
This agreement will provide SPD with critical tools to efficiently collect, analyze, and leverage data, enabling the timely identification of individuals and supporting ongoing investigative and public safety operations.
DISCUSSION
Background
Accurint Virtual Crime Center (AVCC) is a LexisNexis information sharing platform that enables law enforcement agencies to collaborate and share data to enhance public safety efforts. It provides investigators with access to computer aided dispatch systems, records management systems, jail booking data from participating agencies, comprehensive public records searches, and tools to City of Stockton Page 1 of 2 Printed on 6/5/2026
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generate custom reports and community crime mapping for public information sharing.
The SJC has utilized AVCC since 2021 and is proposing the establishment of an AVCC Consortium with local law enforcement agencies, including the SPD, to further strengthen coordinated public safety efforts across San Joaquin County.
The SPD is currently a participating agency through SJC’s use of the LexisNexis AVCC software program. Continued participation is dependent upon execution of a new MOU. Without an updated agreement, the City risks losing access to this critical system, which would significantly impact the SPD’s ability to efficiently identify and locate individuals.
Present Situation
On February 27, 2026, the City prepared a sole source justification to extend the MOU with LexisNexis for the dates of May 1, 2026 to April 30, 2029, total not-to-exceed the amount of $235,704. If the City of Stockton were to lose access to AVCC, the SPD could lose the ability to effectively identify and locate individuals for public safety.
On December 11, 2025, the City and SJC discussed a five-year MOU in the amount of $235,704 for LexisNexis.
Staff recommend that the City Council adopt a motion to execute an MOU with SJC for $235,704 for the use of the LexisNexis AVCC software program.
Findings
Stockton Municipal Code Section 3.68.070(A)(3) states that the City Council may approve findings that support and justify an exception to the competitive bidding process.
1. SJC has multiple MOU’s in place with various agencies within the region for the LexisNexis system.
2. Failure to renew the MOU could result in interrupted services causing SPD to lose the ability to efficiently collect the data required to identify individuals.
3. The MOU allows the ability to enhance interagency cooperation through multijurisdictional investigations for the communities for which SPD serves.
FINANCIAL SUMMARY
The proposed cost of this contract shall not exceed $235,704. Funding for these additional services is included in the FY 2025-26 Police Department’s Support Services Telecommunications Division Special Services Measure A budget.
Attachment A - Memorandum of Understanding (MOU)
Attachment B - Agency Costs
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ATTACHMENT A
SAN JOAQUIN COUNTY DATA SHARING INITIATIVE
MEMORANDUM OF UNDERSTANDING
ACCURINT VIRTUAL CRIME CENTER
Administrative and Financial Sharing Agreement
This Memorandum of Understanding (MOU) is entered into by and between San Joaquin County Sheriff-Public Administrator (Lead Agency) and Stockton Police Department (Participating Agency) (each a Party, and together with additional Participating Agencies and Associate Members, the Parties).
WHEREAS, the Stockton Police Department desires to collaborate on data sharing, as part of the San Joaquin County Data Sharing Initiative (Initiative), to improve the effectiveness of the San Joaquin County criminal justice system, and
WHEREAS, the Lead Agency and local San Joaquin County Law Enforcement Chiefs (Chiefs Counsil) finds that Lexis Nexis Risk Solutions (LexisNexis) Accurint Virtual Crime Center (AVCC) is a sustainable data sharing solution that best meets the needs of San Joaquin County and permits effective data sharing between all San Joaquin County related law and justice agencies and other AVCC nodes throughout the United States, and
WHEREAS, this MOU outlines Initiative expectations, formalizes relationships between Parties, and outlines the commitments necessary for the successful continuance of the Initiative. Upon execution of this MOU, the Parties agree to adhere to the following:
I. PURPOSE
The purpose of this MOU is to provide Parties access to LexisNexis AVCC software for the purpose of data sharing to gain awareness with respect to the communities for which they serve, to facilitate departmental investigations, to enhance interagency cooperation through multijurisdictional investigations, and to establish a means for long-term governance of the Initiative to ensure sustainability and obtain AVCC funding, and to amend this MOU, as necessary, to more fully integrate the automation and processes that serve the San Joaquin County criminal justice system.
II. INITIATIVE COMPOSITION
The Initiative shall be composed of the following members:
Lead Agency – An agency which serves as the central point of contact for all Parties and is assigned to organize the interagency oversight and implementation of AVCC.
Participating Agency – An agency that agrees to contribute law enforcement data such as, but not limited to, Records Management System (RMS), Computer Aided Dispatch (CAD), and/or Jail Management System (JMS) data with Initiative Parties.
623
Associate Member – An agency that shall be limited to “read-only” AVCC access and does not contribute CAD/RMS/JMS data with Initiative Parties.
The Chiefs Counsil may approve a Participating Agency and/or Associate Member upon a twothirds majority vote and shall assess charges for accessing AVCC as stated in Section IV – Financial Implications.
III. AVCC IMPLEMENTATION
AVCC shall be implemented by LexisNexis project management personnel, in coordination with the Lead Agency, through the AVCC Implementation Team consisting of, at minimum, one (1) sworn law enforcement officer and one (1) technology specialist from each Participating Agency.
LexisNexis shall be authorized to form working groups of personnel from any Participating Agency and LexisNexis, as necessary, to integrate automation systems of Initiative members.
Parties shall agree that personnel assigned to working groups shall participate as required to achieve the Initiative’s goals.
All Participating Agencies and Associate Members shall be responsible for executing the LexisNexis Consortium Sub-Agency Addendum in order to participate and gain access to AVCC.
IV. FINANCIAL IMPLICATIONS
The first year of AVCC subscription fees will be covered by Homeland Security Grant (HSGP) funding. Participating agencies shall agree to provide funding for years two (2) through (5), in assessed amounts based on the number of sworn personnel and in accordance with Exhibit A, of AVCC annual subscription and maintenance fees. AVCC maintenance fees are anticipated to increase three percent (3%) each year.
Parties’ assessments shall be reevaluated annually or when there is a change in Initiative membership, using the number of full-time equivalent sworn personnel. Any disputes regarding sworn officer data or other assessment criteria shall be determined by a two-thirds majority vote of the Chiefs Counsil.
Each Party shall assume all personnel costs for its personnel and/or officers (Authorized Users) assigned to the Initiative, including salaries, benefits, and overtime. All payments made by any Lead Agency, Participating Agency, and/or Associate Member pursuant to this MOU are nonrefundable.
V. POLICY AND DIRECTION
The policies and management of the Initiative shall be consistent with this MOU and shall be at the direction of the Chiefs Counsil.
VI. INITIATIVE ADMINISTRATION
Project Management – The Lead Agency and shall provide administrative assistance to Parties to assist with Initiative implementation.
ATTACHMENT A
624
Administrative Support – Parties shall provide any administrative assistance to the Initiative as required.
Tracking and Resolving of Initiative Implementation Issues – Lead Agency shall track and address all issues affecting Initiative implementation and shall be assisted by the AVCC Implementation Team, as needed; issues shall not be directly related to conflict resolution.
Records and Reports – Lead Agency shall maintain all records associated with AVCC Implementation. Lead Agency shall also maintain records regarding Participating Agency and/or Associate Member financial contributions and grant funding.
Conflict Resolution – Any conflict resolution during the term of the MOU shall be managed by the Chief’s Counsil.
Media Relations – Participating agencies may release information to the press or make social media posts consistent with the participating agency’s media related press policy. Participating agencies releasing information directly associated with or gained from AVCC in which the participating agency does not have jurisdiction, shall consult with the agency with jurisdiction over the investigation or matter prior to release.
The Lead Agency may release information related to the overall use, functionality, and purpose of AVCC.
VII. RESTRICTIONS ON USE
Parties shall limit AVCC access to Authorized Users assigned to gather data solely for the purpose of this MOU as stated in Section I. – Purpose. Parties shall not, and will not, permit access to AVCC by third-parties, or any personnel not deemed as Authorized Users.
VIII. DATA ACCESS AND SECURITY
Data Access – Parties shall comply with the Federal Bureau of Investigation’s (FBI) Criminal Justice Information Service (CJIS) Security Policy Requirements and be aware of any CJIS addendums. Parties’ Authorized Users shall be provided query capabilities through their agency’s internet service. The information residing in the data repositories shall generally be available. Participating Agencies shall inform the Lead Agency in advance whenever possible, of scheduled downtime of specific data feeds, system outages, or significant upgrades.
Data Sharing – Parties shall collectively share data to AVCC with comprehensive, timely, and accurate information about suspects or offenders including, but not limited to, identity, prior agency contacts, citations, arrests, and investigations.
Security – Parties shall maintain and enforce security requirements for personnel accessing AVCC. Each Party shall be responsible for maintaining internal security of their agency’s records and any technical support necessary to ensure proper security.
ATTACHMENT A
625
IX. NETWORK EQUIPMENT AND MAINTENANCE
Parties shall provide all network equipment necessary to connect to AVCC. Parties shall perform routine maintenance on any intermediary server that their agency may require including, but not limited to, routine operating system upgrades and troubleshooting at the request of LexisNexis. All network equipment and system maintenance required by a Party shall be completed at the sole expense of the Party and shall in no way be construed as a financial obligation by other Parties.
X. AUTHORIZED USER TRAINING
Parties shall ensure Authorized Users receive requisite training, either virtually or in-person, as provided by LexisNexis personnel.
XI. TERM AND TERMINATION
This MOU shall be effective upon the date of full execution by all Parties and shall continue up to and including 4/30/2031, with the option to extend the MOU up to five (5) one-year periods upon written agreement between the Lead Agency and LexisNexis. Participating Agency Parties may withdraw their participation from the Initiative upon a 30-day advance written notification to the Lead Agency and the Chiefs Counsil. A Party’s withdrawal from the Initiative shall not negate the remaining Parties’ participation and agreement under the existing MOU. The Lead Agency shall facilitate any and all documentation to properly withdraw the Party from the Initiative on behalf of the Chiefs Counsil.
XII. MOU AMENDMENTS
Parties agree any alterations, variations, modifications, termination, or waivers of the provisions of this MOU, shall be valid only when reduced to writing, approved by a two-thirds majority vote of the Chiefs Counsil, executed and attached to the original MOU and approved by the person(s) authorized to do so on behalf of the Parties. Any amendments to this MOU shall be facilitated by the Lead Agency and no amendments shall be deemed valid unless signed by the Sheriff-Public Administrator through the delegation of authority assigned via the County Board of Supervisors.
XIII. INTERAGENCY AGREEMENTS
The Lead Agency shall be authorized by the Chiefs Counsil to enter into Interagency Agreements with AVCC nodes for the purpose of data sharing and access. The Lead Agency shall obtain approval for the Interagency Agreements from the Association and the San Joaquin County Board of Supervisors before entering into such Interagency Agreements.
XIV. INDEMNIFICATION
Each Party agrees to indemnify , defend (with counsel reasonably approved by the other party) and hold harmless any other Party, its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the indemnitor’s conduct related to this MOU from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the indemnified party on account of
ATTACHMENT A
626
any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees.
XV. LIMITATION OF LIABILITY
The provisions contained herein include any violation of applicable law, ordinance, regulation, or rule, including where the claim, loss, damage, charge, or expense was caused by deliberate, willful, or criminal acts of any Party, or any of its agents, officers, or employees in its, or their, performance hereunder.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Agencies who are parties to this agreement pursuant to Government Code section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead, pursuant to Government Code section 895.4, each Party hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents harmless from any claim, expense or cost, and damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of the negligent acts, omissions, or willful misconduct of the indemnifying party, its officers, board members, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other Parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work, authority, or justification delegated to such other Parties under this Agreement.
Parties shall establish procedures to notify other Parties where appropriate of any claims, administrative actions, or legal actions concerning any of the matters described in this indemnification provision. Parties shall cooperate in defense of such actions brought by others concerning the matters covered in this MOU. Nothing set forth in this MOU shall establish a standard of care for, or create any legal rights in, any person not a party to this MOU.
XVI. CHOICE OF LAW
This MOU shall be governed by and construed according to the laws of the State of California.
XVII. VENUE
The Parties acknowledge and agree that this MOU was entered into and intended to be performed in San Joaquin County, California. The Parties agree that the venue of any action or claim brought by any party to the MOU will be the Superior Court of California, San Joaquin County. Each Party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue.
XVIII. LEGALITY AND SEVERABILITY
The Parties’ actions under this MOU shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this MOU are specifically made
ATTACHMENT A
627
severable. If a provision of this MOU is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
XIX. AMBIGUITY
Each Party has carefully reviewed, and agreed to, the provisions of this MOU. No ambiguity shall be presumed to be construed against any other Party.
XX. INSURANCE
Each Party is either an insured, or authorized self-insured, public entity for purposes of Professional Liability, General Liability, Automobile Liability, Worker’s Compensation and Property Damage and warrants that through their respective programs of insurance or selfinsurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions, or obligations of this MOU.
XXI. ENTIRE AGREEMENT
This MOU, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the Parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of the MOU not expressly set forth herein are of no force or effect. This MOU is executed without reliance upon any promise, warranty or representation by any Party or any representative of any Party other than those expressly contained herein. Each Party has carefully read the MOU and signs the same of its own free will.
XXII. ELECTRONIC SIGNATURES
This MOU may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same MOU. The Parties shall be entitled to sign and transmit an electronic signature of this MOU (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the Party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed MOU upon request.
IN WITNESS WHEREOF, San Joaquin County Sheriff-Public Administrator and the [Participating Agency/Associate Member] have each caused the MOU to be subscribed by its respective duly authorized officers, on its behalf.
IN WITNESS WHEREOF, San Joaquin County Sheriff-Public Administrator and the [Participating Agency] have each caused the MOU to be subscribed by its respective duly authorized officers, on its behalf.
ATTACHMENT A
628
San Joaquin County Participating Agency
County Counsel City Manager
Richard Sordello Date Johnny Ford Date
Sheriff- Public Administrator Agency Chief
Patrick Withrow Date Stanely McFadden Date
ATTACHMENT A
629
Exhibit A
Agency
No. of
Sworn
% of Total
Sworn Year 1 Year 2 Year 3 Year 4 Year 5 Total Cost
5%
Contingency
Amount Not
To Exceed
Lodi PD 80 8.17% 10,100 10,403 10,715 11,037 42,255 2,113 44,368 Tracy PD 0.00% - - - - - - -
Stockton PD 425 43.41% 53,657 55,266 56,924 58,632 224,480 11,224 235,704 Sheriff 344 35.14% 120,000 43,430 44,733 46,075 47,458 181,697 9,085 190,782 Manteca PD 75 7.66% 9,469 9,753 10,045 10,347 39,614 1,981 41,595 Ripon PD 0.00% - - - - - - -
Escalon PD 10 1.02% 1,263 1,300 1,339 1,380 5,282 264 5,546 Lathrop PD 0.00% - - - - - - -
District Attorney 45 4.60% 5,681 5,852 6,027 6,208 23,768 1,188 24,957 Total 979 100.00% 120,000 123,600 127,308 131,127 135,061 517,096 25,855 542,951 Accurint Virtual Crime Center Confirmed Participants
ATTACHMENT B
630
City of Stockton
Legislation Text
File #: 26-0578, Version: 1
APPROVE MOTION TO EXECUTE A ONE-YEAR EXTENSION TO THE STANDARD AGREEMENT
WITH HARD LUCK ANIMAL WELFARE ADVOCATES IN AN AMOUNT NOT TO EXCEED $3,969,675 (CITY-WIDE)
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute Amendment No. 5 to the standard agreement with Hard Luck Animal Welfare Advocates (HLAWA), extending the agreement by one (1) year and authorizing the addition of four (4) new positions to the contract, at a cost not to exceed$3,969,675.
2. It is further recommended that the City Manager is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Summary
HLAWA has provided essential veterinarian services to the Stockton Animal Shelter since 2023 through an existing contract with the City. Because the City does not have an allocated full-time veterinarian position, this partnership has been critical to maintaining animal health, ensuring regulatory compliance, and supporting the Shelter’s significant improvements in Live Release outcomes. The current contract expires on June 30, 2026. The City entered into a contract with HLAWA, which includes an initial three-year period with two (2) one-year extension options for a total potential term not to exceed five (5) years. The proposed extension will be the first extension per the terms of the contract. (Attachments A-F)
DISCUSSION
Background
The City of Stockton continues to experience a persistent pet overpopulation crisis, with stray intakes regularly exceeding shelter capacity. Limited access to affordable and timely veterinary care, especially spay/neuter services, remains a major driver of unwanted litters and the growing stray population. This strain on shelter operations increases animal length of stay and challenges the City’s ability to meet State Health and Safety Code requirements for adequate medical care and housing.
To further expand community access to services and strengthen overall shelter operations, the City has purchased a second satellite Animal Wellness Clinic and Resource Center. This new facility will increase veterinary capacity, support community outreach efforts, and provide enhanced care for City of Stockton Page 1 of 4 Printed on 6/5/2026
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sheltered animals. It will also offer an off-site adoption center that creates a calmer environment for both animals and prospective adopters, improving placement success and reducing intake pressures at the main shelter.
To effectively operate this new location as a true community resource center, additional staffing is required under the existing HLAWA contract. These positions are essential to expanding preventative and support-based services that help keep pets with their families, reduce unnecessary shelter intake, and provide the type of accessible animal care resources the community has continued to request. With increased demand for assistance related to pet retention, foster support, medical care coordination, and community outreach programs, adequate staffing is necessary to ensure the City can fully utilize this facility as a proactive resource rather than solely a reactive sheltering operation.
Council approval of funding will allow the City to expand these critical services while continuing to provide humane, high-quality care for animals and meaningful support to the community.
Present Situation
There is continued public support for addressing the ongoing pet overpopulation crisis, reducing shelter intakes, and ensuring humane care for animals in the City’s custody. The City of Stockton Animal Services and HLAWA share a mission to reduce unwanted pet populations and expand community resources. Increasing HLAWA’s contract to include staffing for the City’s satellite animal resource center will enhance services by improving access to veterinary care, expanding community outreach, and operating an off-site adoption location.
These services will help reduce shelter intake by addressing core causes of overpopulation, such as limited access to spay and neuter services, while also increasing adoptions through a calmer, more accessible off-site location. Expanding these efforts will help the City continue meeting its legal obligations under State Health and Safety codes.
On June 20, 2023, Council approved motion 2023-06-20-1208 authorizing a three-year contract between the City of Stockton and HLAWA for veterinary services at the Animal Shelter which included an option for two (2) one-year extensions. Amendment No. 1, approved on October 26, 2023, added three (3) contractor personnel positions. Amendment No. 2, approved on August 19, 2024, added one (1) additional contractor personnel position. On September 23, 2025, Council approved motion 2025-09-23-1214 authorizing Amendment No. 3, adding twelve (12) additional contractor personnel positions for the third year of the agreement. Amendment No. 4 added funding to the contract to align with contractor personnel costs. A summary of contract totals to date is as follows:
Original Contract Years 1-3 $ 4,970,704
Amendment #1 $ 506,251
Amendment #2 $ 88,000
Amendment #3 $ 789,389
Amendment #4 $ 440,000
Contract Total $ 6,794,344
Proposed Amendment No. 5 adds four (4) new positions to the contract: Director of Marketing & City of Stockton Page 2 of 4 Printed on 6/5/2026
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Finance, Doctor of Veterinary Medicine (DVM), Registered Veterinary Technician, and Veterinary Technician.
The addition of one DVM position through the existing HLAWA contract is necessary to support the operation of the Fremont Street Pet Wellness and Adoption Center as a community veterinary resource facility. This position would provide medical oversight for preventative care programs, community wellness services, vaccination clinics, and minor medical treatment for community-owned animals. The DVM would also support outreach operations throughout Stockton by helping bring veterinary resources directly into underserved neighborhoods where access to affordable veterinary care remains limited. Expanding access to veterinary medicine is critical to helping pet owners address medical concerns before they escalate into emergency situations that may ultimately result in shelter intake or owner surrender. Additional Veterinary Technician positions will support these efforts as well and support day-to-day operations at both Animal Shelter facilities.
To support the continued expansion and long-term sustainability of these programs and positions, the addition of a Director of Marketing and Finance position for Hard Luck Animal Welfare Advocates is also requested as part of this amendment. As operations and staffing continue to grow, including veterinary services, community outreach, and rescue support operations, a dedicated Director of Marketing and Finance would help ensure effective budgeting, grant oversight, financial compliance, and long-term financial sustainability for these expanding community-focused services.
These positions are essential to fully utilizing the Fremont Street Pet Wellness and Adoption Center as the type of community resource center residents have continued to request. Stockton Animal Services has continued transitioning toward a prevention- focused model centered on community support, pet retention, and accessibility to care. Without adequate staffing dedicated specifically to veterinary medicine and outreach services, the Department’s ability to expand these programs and sustain long-term community impact will remain limited.
It is critical to ensure medical services are provided to animals at all times. Without providing adequate medical care, the vast improvements made to the Shelter’s Live Release Rate over the years would suffer. The 2025 Live Release Rate finished the year at 79 percent and there is continued public support to increase the Live Release Rate into future years. However, the humane care services for animals, such as staffing and equipment, will need to be provided and updated to sustain the outcomes at the Shelter. This service support must be balanced with the available funds to operate the Shelter. The City’s Long Range Financial Plan does not support the addition of fulltime positions currently. It is critical for the City to continue the partnership with HLAWA to continue providing these life-saving efforts to animals in shelter and in the community. Extending this contract will allow the City and HLAWA to continue its outreach efforts and services provided to the community.
In addition to these operational improvements, the expansion of services through the new Animal Wellness Clinic has created substantial opportunities for increased revenue and cost recovery. The clinic will offer more than forty (40) fee-based services, including vaccinations, microchipping, diagnostic testing, wellness examinations, medications and supplies, and an extensive spay/neuter program with fees. The new fees associated with the Animal Wellness Clinic are included in the FY 2026-27 Budget Request and will be implemented following adoption of the City’s annual budget.
These revenues will directly support medical operations, reduce general-fund impact, and improve the shelter’s long-term sustainability.
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FINANCIAL SUMMARY
The proposed cost of this amendment to exercise a one-year extension is an annual cost of $3,969,675, with a total contract amount of $10,764,019. Funding for this one-year contract extension is included in the proposed FY 2026-27 Police Department’s Animal Shelter Special Services General Fund budget and the Other Special Revenue Fund, Pet Overpopulation Program fund balance.
If approved, the fees proposed in the FY 2026-27 Budget Request for the Animal Wellness Clinic will generate revenues in the Other Special Revenue Fund, Pet Overpopulation Program. Revenue receipts in this fund will offset the HLAWA contract expenditures.
Attachment A - Amendment 5 - HLAWA Standard Agreement
Attachment B -HLAWA Standard Agreement
Attachment C - Amendment 1 - HLAWA Standard Agreement
Attachment D - Amendment 2 - HLAWA Standard Agreement
Attachment E - Amendment 3 - HLAWA Standard Agreement
Attachment F - Amendment 4 - HLAWA Standard Agreement
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ATTACHMENT A
1 (Rev. 3.13.26)
5 CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number _________to the above referenced Agreement is entered into on _______ between the City of Stockton (“City”) and Hard Luck Animal Welfare Advocate “Contractor”.
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and Exhibit A, Option to Renew, states both Parties may extend this Agreement up to two (2) one-year extension, by a written amendment executed by both parties extending the term by one (1) year at a time; however, the total term of the Agreement including the extended term shall not exceed five (5) years; and The City needs to renew the term specified in Paragraph 2 of the Standard Agreement for veterinary services and support of the animal shelter.
The City needs to amend Exhibit A, Section 3.1, to add four (4) additional contractor personnel to work on-site at the community veterinary clinic.
1.The termination date in Paragraph 2 of the Standard Agreement is amended to: June 30, 2027
2.The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, will now read as follows:
1.1 “The maximum the Contractor shall be paid on this Agreement is $3,969,675 (hereafter the “not to exceed” amount). The “not to exceed” amount includes City approved reimbursable expenses, if any, and all payments to be made pursuant to this Agreement’s sum for the initial term and extended term. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
Initial Term the maximum not to exceed amount is $6,794,344.38 Extended Term the maximum not to exceed amount is $3,969,675 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $10,764,019.38
3. Four (4) additional Contractor personnel positions will be added to the original contract scope.
City Proposal
Position
Director of Marketing & Finance
Doctor of Veterinary Medicine (DVM)
Registered Veterinary Technician
Veterinary Technician
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
Agreement Number: Amendment
Number:
423000737 5
635
ATTACHMENT A
2 (Rev. 3.13.26)
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
_____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Printed Name and Title of Person Signing
_____________________________________________________________________________________________ Address
CITY OF STOCKTON
_____________________________________________________________________________________________ Johnny Ford, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Marci A. Arredondo, City Attorney
BY:
Hard Luck Animal Welfare Advocates
Matthew Wooddall, DVM
945 Roeder Way, Sacramento, CA 95822
5/22/26
636
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton ("City") and Agreement Number:
4.-z,3 07..:b7'37
Hard Luck Animal Welfare Advocates ("Contractor") to provide veterinary services and support as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: July 1, 2023 Terminates on: June 30, 2026
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ '4,970,704 I
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms & Conditions
(d) Exhibit D - Professional Services Special Terms & Conditions ( e) Exhibit E - Compensation Schedule
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Hard Luck Animal Welfare Advocates
Contractor's
� �
Name (if other than an individual, state whether a corporation, partnership, etc.):
6/23/23
Authorized Signature Date
Matthew Wooddall, Executive Director
Printed Name and Title of Person Signing
945 Roeder Way Sacramento CA 95822
Address
ATTES :
�iza R. Garz: CM
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)
Date
1 ATTACHMENT B
637
Steps
Step
► 35
► 40
• 60
Status
Complete (Approved)
Complete (Approved)
Complete (Approved)
• Any approver from this group c Group Complete
Esther Gilliland Auto approved by: jmulroy
John Mulroy Complete
Lori Asuncion Auto approved by: jmulroy
Marci Arredondo Auto approved by: jmulroy
Ryan Meyerhoff Auto approved by: jmulroy
Taryn Jones Auto approved by: jmulroy
► 65 Complete (Approved)
Activated Date
06/29/2023
06/29/2023
06/29/2023
06/29/2023
06/29/2023
06/29/2023
I @ Generate Chart II [i±J Expand All II 1B Collapse All I I 133 Expand In Progress J
Activated Ti
15:07
15:07
15:07
15:07
15:07
15:07
ATTACHMENT B
638
1. 2.
3. Project Objectives
EXHIBIT A
STATEMENT OF WORK
ATTACHMENT A
1.1 To contract medical services and staffing needed to support the Stockton Animal Shelter.
Project Scope
2.1 Work with City staff to define the purpose, uses, and goals for the animal being treated at the City of Stockton Animal Shelter.
2.2 Improve the lives and humane outcomes of the impounded and surrendered animals at Animal Services and work to reduce the number of unwanted animals in the City of Stockton.
2.3 All activities require humane and professional staff that are familiar with the "Five Freedoms of Animal Welfare" (listed below) and the current "Guidelines for Standards of Care in Animal Shelters" https://www.sheltervet.org/assets/docs/shelter-standa�ds-oct2011- wforward.pdf; established by the Association of Shelter Veterinarians.
2.3.1 Freedom from Hunger and Thirst
2.3.2 Freedom from Discomfort
2.3.3 Freedom from Pain, Injury, or Disease
2.3.4 Freedom to Express Normal Behavior
2.3.5 Freedom from Fear and Distress
2.4 Promote humane and efficient operations through respective staff training and education, and following established protocols, policies, and procedures at Animal Services.
2.5 Observe best practices and protocols with respect to infectious disease control (E.G., quarantine, veterinary assessment, and .care) and animal housing (E.G., cleaning capacity, and location).
Specifications
1 (Rev. 10.30.18)
ATTACHMENT B
639
3.1 3.2
3.3 3.4
ATTACHMENT A
Contractor shall provide the personnel necessary to perform the obligations for the City's needs and optimize humane animal care, maintain consistency in scheduling of staff, as well as staffing selected to work onsite at the Shelter. Staffing needs shall be periodically assessed by SPD to determine the appropriate needs throughout the term of the contract. Current, staffing needs are below:
Title of Position Number of Positions
Managing Veterinarian 1
Shelter Veterinarian 1
Veterinarian Part-Time 1
RVT Supervisor 1
RVT/Vet Tech Assistants 10
Contractor shall provide a designated veterinary practitioner shall be selected to lawfully maintain a DEA Certificate of Registration which is required to purchase, process, and administer certain controlled substances that are used to prevent, control, and treat certain communicable diseases among its animal population arn;i to euthanize animals.
Contractor shall reasonably facilitate recordkeeping and reporting for records regarding veterinary care for shelter animals.
Contractor shall have reasonable access to Animal Services' systems,· premises, and personnel for the purpose of fulfilling these tasks.
4. Internal and External Standards and Guidelines
4.1 Contractor shall have extensive experience promoting humane animal care and sheltering services of similar size and range of services as the Stockton Animal Shelter.
4.2 Contractor must be properly licensed, staffed, equipped, and financed to perform the work relevant to this project.
5. Notices
•
Pursuant to Exhibit C - General Terms and Conditions, Paragraph 15 - Notices, the mailing address for all required notices is as follows:
Contractor: Hard Luck Animal Welfare Advocates City: City of Stockton (Rev. 10.30.18)
Attn: Dr. Matthew Wooddall, DVM
945 Roeder Way
2 Attn: City Manager
425 N. El Dorado Street
ATTACHMENT B
640
ATTACHMENT A
Sacramento, CA 95822 Stockton, CA 95202
6. 7.
Key Personnel
6.1 Dr. Matthew Wooddall, DVM
Executive Director, Hard Luck Animal Welfare Advocates
Phone Number: (209) 625-6425
Email address: [email protected]
Dr. Stephanie Thielemann, DVM
Managing Veterinarian
Phone Number: (209) 609-4292
Email address: [email protected]
Morgan Smith, MBA
Operations Manager
Phone Number: (209) 712-0132
Email address: [email protected]
Option to Renew
The term of the Agreement may be extended up to two (2) additional years, by a written amendment executed by both parties extending the term by one (1) year at a time. However, the total term of the Agreement including the extended term shall not exceed five (5) years.
3 (Rev. 10.30.18)
ATTACHMENT B
641
ATTACHMENT A
REV 2022-05-17
Exhibit B:
Insurance Requirements
(Professional Shelter Services)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than· $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property . damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
{Not requlred if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and-coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
ATTACHMENT B
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ATTACHMENT A
REV 2022-05-17
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if� later edition is used). Additional insured Name of Organization shall read "City of Stockton, its officers, . officials, employees, and volunteers." Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 010413 as respects the City of Stockton, its officers, officials, employees, and volu·nteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor's insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, addit_ional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any
ATTACHMENT B
643
ATTACHMENT A
REV 2022-05-17
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may·be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy. must also provide that Defense costs, including the Allocated· Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimur:n of five (5) years after completion of work.
ATTACHMENT B
644
ATTACHMENT A
REV 2022-05-17
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements ·pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk,· prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 I: Main. Street, 3
rd Floor - HR
Stockton, CA 95202
ATTACHMENT B
645
ATTACHMENT A
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor's invoice, City will review invoice, and if acceptable make.payment on approved invoice.
3;2 Upon completion of work and acceptance by City, ·contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice· for work performed which the Contractor fails or n�glects to submit within sixty (60) days, or any extension thereof granted by the City, after th� work is accepted by the City.
4. Sufficiency of Contractor's Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor's work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 (Rev. 10.30.18; Mod 05.31.23 AD)
ATTACHMENT B
646
ATTACHMENT A
to execute any· additional documents that may be necessary to, evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor • acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension t>r change In the scope of work. shall be discussed with City and the change and cost shall be • memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor's Status.
9. 1. In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an empJoyer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 (Rev. 10.30.18; Mod 05.31.23 AD)
ATTACHMENT B
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ATTACHMENT A
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a 90 day notice in writing to Contractor before the termination is effective. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
3 (Rev. 10.30.18; Mod 05.31.23 AD)
ATTACHMENT B
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ATTACHMENT A
11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party's option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to. the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of .this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law,· Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of • or in connection with Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement.
These obligations shall survive the completion or termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not. discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 (Rev. 10.30.18; Mod 05.31.23 AD)
ATTACHMENT B
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ATTACHMENT A
17. Licenses, Certifications and Permits. Prior to the City's execution of this Agreement and prior to the Contractor's engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time· and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative· of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected In any manner of degree by the performance of Contractor's services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights unde.r this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 (Rev. 10.30.18; Mod 05.31.23 AD)
ATTACHMENT B
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ATTACHMENT A
24. Severability. If any portion of this Agreement or application. thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any • employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City's nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 ( et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that "no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under. any program or activity receiving federal financial
assistance." (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible· for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, . flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commerciaUy practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor's business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not b.e exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 (Rev. 10.30.18; Mod 05.31.23 AD)
ATTACHMENT B
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ATTACHMENT A
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiatiohs, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 (Rev. 10.30.18; Mod 05.31.23 AD)
ATTACHMENT B
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ATTACHMENT A
EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance· required in this Agreement.
1.2 "Deliverable" means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General .. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions ("GTC") Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the· Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement sh.all be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project' and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement. pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor's agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other 1 (Rev. 07.12.22)
ATTACHMENT B
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ATTACHMENT A
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor's Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor's profession currently practicing under similar conditions. Contractor shall comply with the profession's standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with _the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City's rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C - GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed 2 (Rev. 07.12.22)
ATTACHMENT B
654
ATTACHMENT A
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agr�ement shall be subcontracted without the prior written approval of the City. Any work or service� subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor's officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor's compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and thepersons a$signed to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms a·s the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
3 (Rev. 07.12.22)
ATTACHMENT B
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8. Findings Confidential
ATTACHMENT A
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor's possession without obligation of..confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses,' produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incompl_ete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities. 4 (Rev. 07.12.22)
ATTACHMENT B
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EXHIBIT E
COMPENSATION SCHEDULE
ATTACHMENT A
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Proiect Price
1.1 The maximum the Contractor shall be paid on this Agreement is $4,970,704 (hereafter the "not to exceed" amount). The "not to exceed" amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses,· if any. The amounts for the second and all subsequent years will be increased by a flat five percent (5% ). Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to· the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable' expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City's needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, item·s such a telephone, fax, postage or freight are alrea�y included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the, actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City's travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the "not to exceed" amount is reached.
Thereafter, Contractor must complete services based on the Agreement without 1 (Rev. 10.30.18)
ATTACHMENT B
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ATTACHMENT A
additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1.4 If work is completed before the "not to exceed" amount is reached, the Contractor's compensation will be based on the Contractor's invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed O %.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Budget Item a Annual Amount a
� •.•. ' .. \• . ,_, .. -.. ' ,'- ., • . • ,, •• -
S.:'!eJ:!9rf'St�ff · • • $' · ,?3:4;019:c!(l:
Veterinary Staff -·-··---.. ___ ···-·--·-J $ ________ . _ _
_
____ $9
_
3,
_000.00
'"' • .'-r- , • .- _. -h�-.:_ ·�,,,r,�-- ---�-------=•
Staff overhead (22%)
"�--:7•-- . . . . ·-� .
(Rev. 10.30.18)
$ • �---�-· ---! .70,000_ -------,.----------- .. A><t' .... �• �•--•- T-- ,
1 s _ __ _ __ -----,-34s,210.oo
_
___ ___,___,.J - • >;<2,500.btr
2 ATTACHMENT B
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ATTACHMENT A
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
Hourly/Daily Billable Rate Schedule
RVT/1/11 $26.25
.RVl/1/11 $26.25
RVT/1/11
Vet Assistant $2350
Vet Assistant
iVetAssista nt
Vet Assistant
Operatfori
.Mahl:lgingVet .$1200-$1400
Associate Shelter Vet $1200-$1400
Associate ShelferVet •· $1200-$1400
(Rev. 10.30.18)
ATTACHMENT B
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ATTACHMENT A
5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton Police Department
Attention: Jeanetta McDonald, Chief's Office
22 E. Weber Ave., 4
th floor
Stockton, CA 95202
4 (Rev. 10.30.18)
ATTACHMENT B
660
City of Stockton
Legislation Text
File#: 23-0548, Version: 1
APPROVE MOTION TO EXECUTE A THREE-YEAR CONTRACT WITH TWO (2) ONE YEAR
OPTIONS TO EXTEND WITH HARD LUCK ANIMAL WELFARE ADVOCATES, AND THE CITY OF STOCKTON IN AN AMOUNT NOT TO EXCEED $4,970,704
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a three-year contract with two (2) one- year options to extend between the City of Stockton (City) and Hard Luck Animal Welfare Advocates (HLAWA), for on-:-site veterinarian service for a total contract amount not to exceed $4,970,704
2. It is further recommended that the City Manager is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
3. Approve findings which support and justify an exception to the competitive bidding process pursuant to Stockton Municipal code section 3.68.070(A)(3). where the City held a competitive Request for Proposals.
Summary
The Animal Protection League (APL) has supported the Stockton Animal Shelter (Shelter) for many years by providing on-site veterinarian services. The City is in need of contracting with professional veterinarian staff to assist in caring for animals that are brought to the Shelter. Currently, the City does not have its own veterinarian to provide such services. The current contract with APL expires June 30, 2023, and it is important not to have a lapse in medical services. Without providing adequate medical care, the vast improvements made to the Shelter's Live Refease Rate over the last several years would suffer. In 2022 we reached an overall rate of 86%. With APL's contract expiring, a new competitive bid was processed to procure a new contract for services. A Request for Proposals (RFP), PUR 23-030, was issued on April 6, 2023, to invite Stockton veterinarians to participate in the process. City staff and HLAWA, negotiated on the proposed Standard Agreement (Attachment A) which covers an initial three-year period with two one-year options to extend, for a total potential contract term not to exceed five years.
DISCUSSION
Background
On-site vet care was first provided by SF SPCA in 2012 and was one of the driving contributors to the increased live release rate from 2012 to 2018. The Animal Protection League provided similar City of Stockton Page 1 of 3 Printed on 6/14/2023
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ATTACHMENT B
661
File#: 23-0548, Version: 1
services from 2018 to 2023. The live release rate held steady from 2015 until 2021 at 82% and reached a high of 86% in 2022. During the first two years of the SF SPCA partnership, the City did not provide financial contribution for the services provided, however once it was determined that staffing, specifically veterinarian and medical assistance staffing, would be key to improving positive outcomes for Shelter Animals, the City began supporting the added costs on an incremental basis.
From Fiscal Year 2014-15 to FY 2022-203, the City contribution has ranged from $60,000 to the current contract price of $1,590,472. A Memorandum of Understanding (MOU) between Animal Protection League (APL) and the City was approved June 28, 2018 by Council resolution 2018-05-15 -1402 for a maximum term of five years, with amendment number three (3) expiring June 30, 2023. It should be noted that the current contract with APL includes on-site veterinary care and shelter support services which includes foster/rescue/adoption services. Moving forward, on-site veterinary care and shelter support services will be separate contracts.
The City's Long Range Financial Plan cannot support the addition of 14 full-time positions.
Contracting with a vendor has proven to be the best, most viable option for the City. Eliminating the shelter services for San Joaquin County would only provide nominal relief as they only account for approximately 30% of the total animals serviced at the Shelter. In addition, elimination of providing these services has a corresponding reduction in revenue payments. Finally, losing the progress made on the live release rate over the last several years is not a Viable option because it would reopen potential legal action. The City is obligated by State Health &Safety codes to provide basic medical and sheltering services to animals.
Present Situation
There is continued public support to increase the Live Release Rate and continually improve humane care and outcomes at the Shelter; however, this support must be balanced with the available funds to operate the Shelter. Without continued support for medical and veterinarian services, the City will not be able to sustain the dramatic results it has achieved since 2012. The proposed Standard Agreement with HLAWA, includes a proposed term of three (3) years, expiring on June 30, 2026, with two (2) one-year options to extend for a total not to exceed term of five years. This Standard Agreement provides the on-site veterinary staffing needed at the Shelter while considering the longterm future of animal sheltering.
A Request for Proposals (RFP), PUR 23-030, was issued on April 6, 2023, to invite Stockton veterinarians to participate in the process. On April 20, 2023, the City received two proposals from the following:
• HLAWA
• The Animal Protection League
The proponents were invited to participate in an interview with the RFP Review Committee on May 9, 2023. Following the interviews, the City began contract negotiations with HLAWA, because the committee felt that this vendor best met the City's needs and budget while preserving the requirements outlined in the RFP. Members of the Selection Committee recommend City Council approve a contract with HLAWA, whose proposal best meets the City's requirements.
City of Stockton Page 2 of 3 Printed on 6/14/2023
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ATTACHMENT B
662
File#: 23-0548, Version: 1
FINDINGS
Pursuant to SMC section 3.68.070(A)(3), Council may approve findings that support an exception to the competitive bidding process. These findings include:
• Use of RFP is appropriate for this Standard Agreement because it relies on the evaluation of professional qualifications, experience, and performance as the basis for the selection.
FINANCIAL SUMMARY
The projected amount for HLAWA, services in FY 2023-24 is $1,576,750. Subsequent annual increases of up to 5% will be based on the annual service cost of the original contract amount of $1,576,750.
The on-site veterinarian contract budget is included in the proposed FY 2023-24 Annual Budget in the Police Department Animal Shelter General Fund budget, Account No. 3513-303-630006-100-000- 20-35-000-000-. Funding for this contract is contingent on the Council's adoption of the proposed FY 2023-24 Annual Budget.
Attachment A - Standard Agreement - Hard Luck Animal Welfare Advocates 2023 City of Stockton Page 3 of 3 Printed on 6/14/2023
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ATTACHMENT B
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12. CONSENT AGENDA
CONSENT ITEM 23-1208
COUNCIL MEETING 06-20-23
LEGISTAR ITEM 23-0548
Approve the Consent Agenda with a single vote, save for item 12.2 which was considered separately
Moved by: Kimberly Warmsley, seconded by Michele Padilla.
Vote: Motion carried 7-0
Yes: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
12.8 23-0548 APPROVE MOTION TO EXECUTE A THREE-YEAR CONTRACT WITH TWO (2) ONE YEAR OPTIONS TO EXTEND WITH HARD LUCK
ANIMAL WELFARE ADVOCATES, AND THE CITY OF STOCKTON IN AN AMOUNT NOT TO EXCEED $4,970,704
Motion 2023-06-20-1208: 1. Authorizing the City Manager to execute a three-year contract with two (2) one- year options to extend between the City of Stockton (City) and Hard Luck Animal Welfare Advocates (HLAWA), for on-site veterinarian service for a total contract amount not to exceed $4,970,704 2. It is further recommended that the City Manager is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion. 3. Approving findings which support and justify an exception to the competitive bidding process pursuant to Stockton Municipal code section
3.68.070(A)(3). where the City held a competitive Request for Proposals.
Legislation Text
Attachment A- Hard Luck Animal Welfare Advocates
ATTACHMENT B
664
ATTACHMENT B
665
MEMORANDUM
June 21, 2023
TO: Harry Black, City Manager
City Manager's Office
FROM: Stanley McFadden, Chief of Police
Police Department
SUBJECT: HARD LUCK ANIMAL WELFARE ADVOCATES AGREEMENT FOR
VETERINARY SERVICES AND SUPPORT FOR ANIMAL
SHELTER
On June 20, 2023, Council approved, by motion 2023-06-20-1208, a three-year contract between the City of Stockton (City) and Hard Luck Animal Welfare Advocates (HLAWA).
The City needs to contract with professional veterinarian staff to assist in caring for animals brought to the Animal Shelter. The City does not have a veterinarian to provide such services. The current contract with the Animal Protection League (APL) expires on June 30, 2023, and it is essential not to have a lapse in medical services. A Request for Proposals (RFP) was issued to invite local veterinarians to participate, and HLAWA W9,S chosen.
The projected amount for HLAWA services in FY 2023-24 is $1,576,750, with annual increases of up to 5% based on the yearly service cost of the original contract amount with a three (3) year term expiring on June 30, 2026, with two (2) one year options to extend. The not to exceed amount for the three (3) year term is $4,970,704. The Funding will come from the proposed FY2023-24 Annual Budget in the Police Department Animal Shelter General Fund budget, Account No. 3513-303-630006-100-000-20-35-000-000.
If you have any questions, please contact the Jeanetta McDonald, Police Services Adm'i'njstrator; at extension 8533 or by email.
.� (/;a-(
STANLEY MCFADDEN
CHIEF OF POLICE
SM:JM:cw
Attachments: Hard Luck Animal Welfare Advocates Standard Agreement
ATTACHMENT B
666
CITY OF STOCKTON
STANDARD AGREEMENT
AMENDMENT
Agr-eement Number:
423000737
Amendment
Number:
1 This Amendment Number _ __,_ to the above referenced Agreement is entered into on 10/26/23 between the City of Stockton ("City") and Hard Luck Animal Welfare Advocates.
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $506,251 to pay for the Contractor for a total of three (3) new shelter positions of Contractor's personnel.
The City needs to amend Exhibit A, Section 3.1 to add three (3) additional contractor personnel to work onsite at the Shelter.
Now therefore, the City and the Contractor mutually agree as follows:
1.The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, will now read as follows:
1.1 The "not to exceed" amount includes City approved reimbursable expenses, if any, and all payments to be made pursuant to this Agreement's sum for the initial term and extended term. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
Initial Term the maximum not to exceed amount is $4,970,704 Extended Term the maximum not to exceed amount is $506,251 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $5,476,955
2. Three (3) additional Contractor personnel positions will be added to the original contract scope.
City Proposal
Avg. Annual
Position Avg. Salary Income
Medical Rescue Coordinator s 23.50 s 48,880
Medical Foster Coordinator s 23.50 s 48,880
Medical Placement Program Assistant $ 19.50 $ 40,560
Admin Costs•
22.00%
22.00%
22.00%
Avg. Employee
Cost
s 59,634
s 59,634
$ 49,483
S 168,750 Annual Cost
$ 506,251 3-year term
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties. 1 (Rev. 03.21.22)
0 C
<::>
-l
�
..J
t
ATTACHMENT C
667
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Hard Luck Animal Welfare Advocates
Con ctor's Name (if other than an indi 'dual, state whether a corporation, partnership, etc.):
Authorized Signature
Matthew Wooddall
Printed Name and Title of Person Signing
945 Roeder Way Sacramento, CA 95822
Address
� CITY OF STOCKTON
nager
ATTEST:
,P-Eliza R. Garza
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
2 (Rev. 03.21.22)
10/26/23
Date
ATTACHMENT C
668
Steps
Step Status Activated Date Activated Ti
• Any approver from this group c Group Complete
Esther Gilliland Forwarded 11/15/2023 07:51
John Mulroy- Complete 1 Vl 5/2023 09:-3-2
Lori Asuncion Auto approved by: jmulroy 11/15/2023 09:32 Marci Arredondo Auto approved by: jmulroy 11/15/2023 09:32 Ryan Meyerhoff Auto approved by: jmulroy 11/15/2023 09:32 Taryn Jones Auto approved by: jmulroy 11/15/2023 09:32
ATTACHMENT C
669
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
423000737 2
This Amendment Number __ 2_
to the above referenced Agreement is entered into on °8119124 between the City of Stockton ("City") and Hard Luck Animal Welfare Advocates.
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $88,000 to pay for the Contractor for a total of one (1) new shelter position of Contractor's personnel.
The City needs to amend Exhibit A, Section 3.1 to add one (1) additional contractor personnel to work onsite at the Shelter.
Now therefore, the City and the Contractor mutually agree as follows:
1.The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, will now read as follows:
1.1 The "not to exceed" amount includes City approved reimbursable expenses, if any, and all payments to be made pursuant to this Agreement's sum for the initial term and extended term. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
Initial Term the maximum not to exceed amount is $5,476,955 Extended Term the maximum not to exceed amount is $88,000 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $5,564,955.
2. One (1) additional Contractor personnel positions will be added to the original contract scope.
City Proposal
Position
Medical Operations Manager
Annual Cost
--- -
Employee Cost
$88,000.00
$88,000.00
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties. 1 (Rev. 03.21.22)
/
L
..J
�
..J
ATTACHMENT D
670
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Hard Luck Animal Welfare Advocates
Contractor's
7na:tt:-uA,6c!a!att
Name (if other than an individual, state whether a corporation, partnership, etc.):
at 19/2 4
Authorized Signature
Matthew Wooddall
Printed Name and Title of Person Signing
945 Roeder Way
Address
Sacrament , CA 95822
ATTEST:
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
Signature Page:
Date
CITY OF STOCKTON
Amendment No. 2 to the Hard Luck Animal Welfare Advocates Agreement for Veterinary Services and Support for Animal Shelter
2 (Rev. 03.21.22)
ATTACHMENT D
671
:,ieps
step Status
• Any approver from this group c Group Complete
Esther Gilliland Forwarded
John Mulroy Complete
Lori Asuncion Auto approved by: jmulroy
Ryan Meyerhoff Auto approved by: jmulroy
Taryn Jones Auto approved by: jmulroy
► 65 Complete (Approved)
[ i,iJ Generate Chart II li±l Expand All II IF-I Collapse Al I Activated Date Activated Ti
08/30/2024 08:06
08/30/2024 08:50
08/30/2024 08:50
08/30/2024 08:50
08/30/2024 08:50
II l±l Expand In Prooress I
ATTACHMENT D
672
Vendor:
Dept:
Account#
CCO No.
1 2
CHANGE ORDER CALCULATOR
Hard Luck Animal Welfare Advocates
Police Department i
!
ENTRIES IN BOLD RED INDICATE
YOUR BALANCE OF CM AUTHORITY CCO AMOUNT IS EXCEEDED.
YOU MUST GO TO COUNCIL FOR APPROVAL.
Effective Date: Dec 2, 2021
CM Authority: $ 100,000
'
Requested Time Extensions
Description CCOAmount D M WD
PREVIOUSLY APPROVED CCOs
I Last Council Action
!Total approved CCOs since last Council Actiori
thange in Scope/Increase tn Funding !
Change in Scope/Increase in Funding I
i
Total CCO Amount an Time Extension To-Date->
I
NEW PROPOSED CCOs
$506,251.00
$88,000.00
$594,251.00
I
' • •
.
'
Date: 08/13/24
Contract/PO Number: 423000737
Requestor: Carolyn Weilburg
Original Contract Amount: $4,970,704.00
Original Contract Award Date: 06/20/23
Original Contract Expiration Date: 06/30/23
Contract Amount to date: $5,564,955.00
Authorized CCO Amount to date: $594,251.00
Available CCO Funding:
Contract Expiration to date: Of,/30/23
Required
Approval by: Date CC Approved Revised Revised
CM cc {mm/dd/w\ Contract Amount CCO Autho.-i+.• Balance $4,970,704.00 $597,070.40 -
y $5,476,955.00 $90,819.40
y $5,564,955.00 $2,819.40 ✓
.
ATTACHMENT D
673
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
423000737 3
This Amendment Number __ 3_ to the above-referenced Agreement is entered into on t tftS}ttr between the City of Stockton ("City") and Hard Luck Animal Welfare Advocates.
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to increase the Compensation Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1. 1, by $789,389 to pay for the Contractor for a total of twelve (12) new shelter positions of Contractor's personnel.
The City needs to amend Exhibit A, Section 3.1, to add twelve (12) additional contractor personnel to work onsite at the newly acquired veterinary clinic.
Now therefore, the City and the Contractor mutually agree as follows:
1. The maximum amount not to exceed the amount to be paid to the Contractor, including, If authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1. 1, will now read as follows:
1. 1 The "not to exceed" amount includes City-approved reimbursable expenses, If any, and all payments to be made pursuant to this Agreement's sum for the Initial term and extended term. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D, section 4, or other requirements of this Agreement.
Initial Term, the maximum not to exceed amount is $5,564,955 Extended Term, the maximum not to exceed amount is $789,389 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $6,354,344
2. Twelve (12) additional Contractor personnel positions will be added to the original contract scope.
City Proposal
Position Employee Cost
Customer Service Representative (CSR) (2 Positions) $96,000 Animal care Specialist (2 Positions) $84,480
Surgeon $187,200
Registered Veterinary Technician (RVT - Site Supervisor) $61,440 Registered Veterlnarv Technician (RVT) $55,680
Technician (3 Positions) $138,240
Premise Permit Veterinarian $24,000
Staff Overhead 22% $142,349
Annual Cost $789,389
All other terms and conditions of the Agreement shall remain unchanged and remain In full force and effect unless modified by a written amendment signed by both parties. 1 (Rev. 03.21.22)
cO
J..
,.
ATTACHMENT E
674
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Hard Luck Animal Welfare Advocates
Co ractor's Name (if other than an individual, state whether a corporation, partnership, etc.):
Aul orized Signature
Matthew Wooddall
Printed Name and Title of Person Signing
945 Roeder Way. Sacramento, CA 95822
Address
fiiEST:
Katherine Roland CMG, CPMC
City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 03.21.22)
8/22/25
Date
OCKTON
I
2 ATTACHMENT E
675
steps
1' step
• 60
Status
Complete (Approved)
• Any approver from this group c Group Complete
Esther Gilliland Forwarded
John Mulroy Complete
Lori Asuncion Auto approved by: jmulroy
Mark Velasquez Auto approved by: jmulroy
Tatiana Altman Auto approved by: jmulroy
Activated Date Activated Ti
10/15/2025 08:37
10/15/2025 09:09
10/15/2025 09:09
10/15/2025 09:09
10/15/2025 09:09
ATTACHMENT E
676
CHANGE ORDER CALCULATOR
IVmdor: Hard Luck Animal Welfare Advocates Date: 08/05/251 10,:p1: Police Department Contract/PO Number: 423000737 Account� Requester: Carolyn Wellburg
Orlglnal Contract Amount: $4,970,704.00
ENTRIES IN BOLD RED INDICATE OrlBlnal Contract Award Date: 06/20/23 YOUR BALANCE OF CM AUTHORITY CCO AMOUNT IS EXCEEDED. Original Contract Expiration Date: 06/30/26 YOU MUST GO TO COUNCIL FOR APPROVAL, Contract Amount to date: $S,354,34lt,OO Authorized CCO Amount to date: $1,383,611-0,00
Effective Date: Dec 2, 2021 Available CCO Funding:
CM Authorltv: $ 100,000 Contract Ellplration to date: 06130/26 Required
Requested Time Extensions Approv.11 by: Date CC Approved Revisl!d Re11Jsed CCONo. Description CCOAmount o I M lwo CM I cc {mm/dd/vv} Contract Amount CCO Authority Balance PREVIOUSLY APPROVED CC05
Last Council Action
!Total approved CCOs since last Council Action I I I I
NEW PROPOSED CCOs
$4,970,704.00 $597,070.40
1 Change in Scope/Increase in Funding $506,251.00 y $5,476,955.00 $90,819.40 2 Change In Scope/Increase In Funding $88,000.00 y $5,564,955.00 $2,B19AO 3 Increase in Funding for satellite location $789,389.00 y $6,354,344.00 �VALUE I Total CCO Amount and Time Extension To-Date-> $1,383,640.00 Pagel of l
ATTACHMENT E
677
� � - - -
Position
CSR 1
CSR 2 I
Animal Care Specialist
Animal Care Specialist
Surgeon 1
RVT 1 (Site Supervi� or)
RVT 2
Technician 1
Technician 2
Technician 3
Dr. Frey (premise permit holder)
-- -- - ------ -----
- ------·---- - ------
--------
� -------
-
Location
Dr. Frvs
Dr. Frys
Dr. Freys
Dr. Freys
Dr. Freys
Dr. Frevs
Dr. Freys
Dr. Freys
Dr. Freys
Dr. Freys
both locations
--
" -- -- --
- -----·-
PT ACS I Tech* Dr. Frevs
*Next posiiton to hire! would be this
position. This would !>ring our annual
budget to $840,922
Hourly Wage
Range
$25.00
$25.00
$22.00
$22.00
$32.00
$29.00
$24.00
$24.00
$24.00
$150/hour
TOTALS
$22.00
- - -
Day Rate
Range
$1,200
$2000/month
i
-
Yearly total
$48,000
$48,000
$42,240
$42,240
$187,200
$61.440
$55,680
$46,080
$46,080
$46,080
$24,000
$647,040
High-End
Annual budget
total (includes
22%
overhead)
$42,240
22% staff
overhead
(high-end)
$10,560
$10,560
$9,293
$9,293
$41,184
$13,517
$12,250
$10,138
$10,138
$10,138
$142,349
$789,389
--
$96,000
$84,480
$187,200
$61,44Q
$55,680
$138,240
$24,000
$647,040
--- --------
--
ATTACHMENT E
678
STOCKTON POLICE DEPARTMENT
TRANSMITTAL FORM
TO: Stanley McFadden, Chief of Police DATE: 9/24/25
SUBJECT: Hard Luck Animal Welfare Advocates - Amendment 3 INSTRUCTIONS Department members submitting any written requests for consideration or action by the Orfice or the Chier or Police, or their section / Division Commanders will attach this form and route the material through their chain or command. Immediate supervisors, intermediate managers, or Division section commanders arc required to individually make recommendations for appropriate action on each transmittal anti cite reasons.
COMMENTS Ill 1nformation Only
D Approved
Submission for review by Chief and signature on memo for Hard Luck Amendment 3 for additional positions at new animal shelter satellite location.
D Disapproved
□ Information Only
5{.provecl
□ Disapproved
□ Information Only
D Approved
D Disapproved
□ Information Only
D Approved
D Disapproved
BY: Carolyn Weilburg
IMMEDIATE SUPERVISOR:
COMMENTS:
LIEUTENANT/PSM:
COMMENTS:
CAPTAIN:
Digitally signed by Carolyn Weilburg
Date: 2025.03.12 07:39:17 -07'00'
Information Only
Approved
COMMENTS:
�j�ol)if6..,cf1-":;3-J?I
□ Disapproved DEPUTY CHIEF/PSA:
□ Information Only COMMENTS:
/1 it,-rtr-d/ t:r/�P"'
i
,�c1 J;y �?,-,?e-,, I
------u�-A-ppFove•+----+� (-
□ Disapproved
□ Information Only
�proved
tJ Disapproved
SPD Fonn TR- I
ASSISTANT CffiEF:
COMMENTS:
CHIEF OF POLICE:
(Use reverse side for additional comments)
DATE: 9/24/25
DATE:9 QJ..j
DATE:
DATE:
DATE: 10/il
Updated 12/4/24
ATTACHMENT E
679
THE HARTFORD
BUSINESS SERVICE CENTER
THE 3600 WISEMAN BLVD
HARTFORD SAN ANTONIO TX 78251
City of Stockton, It's Officers,
Officials, Volunteers and Employees.
400 E MAIN ST FL 3 - HR
STOCKTON CA 95202
Account Information:
I Policy Holder Details : I Hard Luck Animal Welfare Servi October 14, 2025
0 Contact Us
Need Help?
Chat online or call us at
(866) 467-8730.
We're here Monday - Friday.
Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.
Sincerely,
Your Hartford Service Team
WLTR005
ATTACHMENT E
680
ACC:,RD
............., ....
_ __.........., db DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 10/14/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME:
STEELE INSURANCE AGENCY INC
57101682 PHONE (707) 207 -5700 I
FAX (707) 207-5705
(A/C, No, Ext): (A/C, No):
1816 W KETTLEMAN LN STE D
LODI CA 95242 E-MAIL ADDRESS:
INSURER($) AFFORDING COVERAGE NAIC#
INSURER A: Hartford Underwriters Insurance Company 30104 INSURED INSURERB: Hartford Casualty Insurance Company 29424 HARD LUCK ANIMAL WELFARE SERVI INSURER C:
1575 S LINCOLN ST INSURER D: STOCKTON CA 95206-1943
INSURER E:
INSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
A
A
A
B
A
TYPE OF INSURANCE
- COMMERCIAL GENERAL LIABILITY
� CLAIMS-MADE 0occuR -
X General Liability
GEN'L AGGREGATE LIMIT APPLIES PER: �POLICY □ PROJECT
OTHER:
AUTOMOBILE LIABILITY - ANY AUTO
□ Loe
ALL OWNED - SCHEDULED
.__ AUTOS AUTOS
HIRED - NON-OWNED X AUTOS X - - AUTOS
l.X. UMBRELLA LIAB n
OCCUR
EXCESS LIAB CLAIMSMADE
DEDI I RETENTION$ 10,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY Y/N
PRO
-
PRIETOR/PARTNER/EXECUTIVE C OFFICER/MEMBER EXCLUDED?
(M-andafory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Veterinarians Professional Liability
-Coverage
ADDL
INSR
X
NI A
SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
WVD IMM/DD/YYYYl IMM/DDIY vvv,
EACH OCCURRENCE $2,000,000
DAMAGE TO RENTED $1,000,000 PREMISES /Ea occurrence\
MED EXP (Any one person) $10,000
X 57 SBM BM5VT5 07/01/2025 07/01/2026 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000
PRODUCTS - COMP/OP AGG $4,000,000
COMBINED SINGLE LIMIT $2,000,000 I /Ea accirlentl
BODILY INJURY (Per person)
57 SBM BM5VT5 07/01/2025 07/01/2026 BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE $1,000,000
57 SBM BM5VT5 07/01/2025 07/01/2026 AGGREGATE $1,000,000 x I:�:TUTE I I
OTHER
E.L. EACH ACCIDENT $1,000,000
X 57 WEC AY7865 07/01/2025 07/01/2026 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000
57 SBM BM5VT5 07/01/2025 07/01/2026 Included in Business $2,000,000/ l.:iability-1.:lmit(s)---$r4;000;000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Those usual to the lnsured's Operations.
CERTIFICATE HOLDER CANCELLATION
City of Stockton, It's Officers, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Officials, Volunteers and Employees. BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 400 E MAIN ST FL 3- HR IN ACCORDANCE WITH THE POLICY PROVISIONS.
STOCKTON CA 95202 AUTHORIZED REPRESENTATIVE
a�orcaa�
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD :
ATTACHMENT E
681
AGENCY CUSTOMER ID:
LOC#: ______ _
ADDITIONAL REMARKS SCHEDULE Page _2_ of 2
AGENCY NAMED INSURED
STEELE INSURANCE AGENCY INC HARD LUCK ANIMAL WELFARE SERVI POLICY NUMBER 1575 S LINCOLN ST
SEE ACORD 25 STOCKTON CA 95206-1943
CARRIER NAIC CODE
SEE ACORD 25
EFFECTIVE DATE: SEE ACORD 25
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder is an additional insured per the Business Liability Coverage Form SL3032 attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SL0000, attached to this policy.
Coverage is primary and noncontributory per the Business Liability Coverage Form SL0000, attached to this policy. Notice of Cancellation will be provided in accordance with Form WC990394, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per Waiver of our Right to Recover from Others Endorsement WC040306 attached to this policy.
ACORD 101 (2014/01) © 2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ATTACHMENT E
682
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
QUICK REFERENCE
A. COVERAGES
Business Liability
Medical Expenses
Coverage Extension - Supplementary Payments
B. EXCLUSIONS
C. WHO IS AN INSURED
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
1. Bankruptcy
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit
3. Legal Action Against Us
4. Separation Of Insureds
5. Representations
6. Other Insurance
7. Transfer Of Rights Of Recovery Against Others To Us
F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
Form SL 00 00 10 18
THE
HARTFORD
Beginning On Page
1 1
2 2
3 12
14 15
15 15
16 16
16 16
18 18
ATTACHMENT E
683
BUSINESS LIABILITY COVERAGE FORM
THE
HARTFORD
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered.
Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the insurance company shown in the Declarations. "Policy period", as used in this Coverage Part, means the period from the effective date of this Coverage Part to the expiration date of the Coverage Part as stated in the Declarations or the date of cancellation, whichever is earlier.
The word "insured" means any person or organization qualifying as such under Section C. Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Liability And Medical Expenses Definitions.
A. COVERAGES
1. Business Liability Coverage (Bodily Injury, Property Damage, Personal And Advertising Injury) Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply.
We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is limited as described in Section D. Liability And Medical Expenses Limits Of Insurance; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property damage" only if:
(a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage terri.tory";
(b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or
Form SL 00 00 10 18 Page 1 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
ATTACHMENT E
684
THE
HARTFORD
(3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur.
d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if:
(a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and
(b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence".
2. Medical Expenses
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; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years 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.
b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for:
(1) First aid administered at the time of an accident;
(2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services.
3. Coverage Extension - Supplementary Payments
a. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds.
(3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish, finance, arrange for, guarantee, or collateralize these bonds, whether the collateralization is characterized as premium or not. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed against the insured. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.
Form SL 00 00 10 18 Page 2 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
ATTACHMENT E
685
THE
HARTFORD
(7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.
Any amounts paid under (1) through (7) above will not reduce the Limits of Insurance. b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met:
(1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract";
(4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee:
(a) Agrees in writing to:
(i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit";
(iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and
(b) Provides us with written authorization to:
(i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit".
So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnltee at our request will be paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance.
Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when:
(1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no ---------�.o.nger_me.t ___________________________________ _ B. EXCLUSIONS
1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or
(2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury".
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b. ContractualUability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
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for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.
This exclusion does not apply to liability for damages because of:
(a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or
(b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided:
(i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and
(ii) Such attorneys' 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.
c. Liquor Liability
"Bodily injury" or "property damage" for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;
(3) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; or
(4) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury" or "property damage" involved that which is described in Paragraph (1), (2), (3) or (4) above.
However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
e. Employer's [ia6ili y
"Bodily injury" to:
(1) An "employee" of the insured arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
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This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
(a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this paragraph does not apply to:
(i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for:
(i) Any insured; or
(ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this paragraph does not apply to:
(i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor;
(ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants".
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or
(b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants".
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However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft
(1) Unmanned Aircraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".
This Exclusion g.(1) 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 "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".
(2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading".
This Exclusion g.(2) 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 "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft that is owned or operated by or rented or loaned to any insured.
This Exclusion g.(2) does not apply to:
(a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is:
(i) Less than 51 feet long; and
(ii) Not being used to carry persons or property for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured;
{d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft (other than "unmanned aircraft") or watercraft;
(e) "Bodily injury" or "property damage" arising out of:
(i) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or
(ii) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged; or
- (f) An aircraft (other than "unmanned aircraft"} that is not owned by any insured and is hired, chartered ----------fl-r-l0ar-ie<:l-witl'l-a-pai<:l-er-ew-:-H0wever,tl'lis-exee13ti0n-c:Jees-n0t-ap13ly-if-the-insur-eci-l:las-ar:iy-0tl:ler---- insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising out of:
(1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity.
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i. War
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"Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
j. Professional Services
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to:
(1) Legal, accounting or advertising services;
(2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming;
(7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any:
(a) Body piercing (not including ear piercing);
{b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services;
(1 0)Pharmaceutical services including but not limited to:
(a) The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs, vaccinations, immunizations or any of their component parts; (b) The providing of or failure to provide home health care or home infusion products or services; and (c) Advising and consulting customers;
(11 )Computer consulting, design or rrogramming services, including web site design.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service.
Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. Coverages.
k. Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises;
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(3) Property loaned to you;
(4) Personal property in the care, custody or control of the insured; THE
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(5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D. Limits Of Insurance.
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.
Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site.
Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard".
I. Damage To Your Product
"Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work
"Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard".
This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.
n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of:
(1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury_to "your product" or "your work" after it has been put to its intended use. o. Recall Of Products, Work Or Impaired Property
Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, _______ _,.ecallril'.lspectiol'.l,-r:epair:,-r:eplacemel'.lt,-adjustment,-r:emo.v.aLor_disposaLo.�· _______________ _ (1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral, written, electronic, or any other manner of publication of material, if done by or at the direction of the insured with knowledge of its falsity; Form SL 00 00 10 18 Page 8 of 22
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(2) Arising out of oral, written, electronic, or any other manner of publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement";
(5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement";
(6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of:
(a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other designation of origin or authenticity; or
(b) Any injury or damage alleged in any claim or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you, or by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply.
However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to:
(i) Infringement, in your "advertisement", of:
a. Copyright;
b. Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other designation of origin or authenticity; or
c. Title of any literary or artistic work; or
(ii) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement".
Paragraph (7)(b)ii above shall not apply to claims or "suits" alleging infringement or violation of trademark, trade dress, trade name, service mark or other designation of origin or authenticity. (8) Arising out of an offense committed by an insured whose business is:
(a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider.
However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and advertising injury" in Section F. Liability And Medical Expenses Definitions.
For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting;
--------9)-Arising-out-of-an-eleetronie-ehat-room-or-bulletin-board-the-insured-hosts,owns.or-over-wMieM-tMe-insured--- exercises control;
(10)Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11 )Arising out of the violation of a person's right of privacy created by any state or federal act.
However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act;
(12)Arising out of:
(a) Advertising content for others on your web site;
(b) Placing a link to a web site of others on your web site; Form SL 00 00 10 18 Page 9 of 22
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(c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality of an "advertisement" or other content on your web site; (13)Arising out of a violation of any anti-trust law;
(14)Arising out of the fluctuation in price or value of any stocks, bonds or other securities; (15)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; or
(1 G)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".
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 "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".
However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to:
(a) Infringement, in your "advertisement", of:
(i) Copyright;
(ii) Slogan; or
(iii) Title of any literary or artistic work; or
(b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement".
q. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability (1) Damages because of "bodily injury" or "property damage" 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; or
(2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data".
This exclusion applies even if such 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 --------�a,....,is-in�g�aut-urth"a:twhtc::lnn:fescrll:JeamF>aragrapl'is ft) or (2)al:Jove.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury".
r. Employment-Related Practices
"Bodily injury" or "personal and advertising injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
Form SL 00 00 10 18
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ATTACHMENT E
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(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person; or
(2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the injury-causing event described in Paragraphs (a), (b), or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
s. Asbestos
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements, loss, costs or expenses that:
(a) May be awarded or incurred by reason of any claim or "suit" alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard";
(b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or "suit" for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard".
t. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act {TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or
(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemlnation, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
Damage To Premises Rented To You - Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance.
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of any insured or a tenant of any insured.
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c. Injury On Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws
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To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities
To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests.
f. Products-Completed Operations Hazard
Included with the "products-completed operations hazard". g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e. below, of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers.
d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.
However, none of these llemployees" or "volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if -----------Y.OU-ar.e-a-limited-liability-compa1:iy-),-or-to-a-co�employ.ee'.'._wi:Jile-ir.1-tl:ie-course-0Lhis-or-he,_ __ _ employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services.
If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property:
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(a) Owned, occupied or used by:
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(b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager
Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die
Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part.
The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to:
(1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or ---------'or.gar.iizatior.Lis_ar.iJnsur:ed_witb-r:especLto_· ----------------------------- a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
5. Operator Of Nonowned Watercraft
With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability.
However, no person or organization is an insured with respect to:
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a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or THE
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b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.
D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations.
This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations.
The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations.
5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lfghtning or explosion, while rented to you or temporadly occupied by you with permission of the owner.
In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of:
a. The limits of insurance required in a written contract, written agreement or permit; or b. The Limits of Insurance shown in the Declarations.
Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section.
If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Form SL 00 00 10 18 Page 14 of 22
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coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense
You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include:
(1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim
If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must:
(1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable.
You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The Insured
You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit";
(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The lnsured's Own Cost
No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or _______ _,·r.1cur-ar.1y-exper.1serother-tl:iar.1-for-fir.st-aid,witl:iout-our-cor.1sc;mt�. -------------------- e. Additional lnsured's Other Insurance
If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured under this Coverage Part, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity.
However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense, Claim Or Suit
Paragraphs a. and b. apply to you or to any additional insured under this Coverage Part only when such "occurrence", offense, claim or "suit" is known to:
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(1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; THE
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(3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation;
(5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity.
This Paragraph f. applies separately to you and any additional insured under this Coverage Part.
3. Legal action Against Us
No person or organization has a right under this Coverage Part:
a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative.
4. Separation Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought.
5. Representations
a. When You Accept This Policy
By accepting this Policy, you agree:
(1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure.
6. Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows:
-. -Primary-Insurance
This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
(1) YourWork
That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work";
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(2) Premises Rented To You
That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions.
(5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions.
(6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that Insurance; or
(7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured.
However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part:
(a) Primary Insurance When Required By Contract
This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described inc. below.
(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured.
When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any 11suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; ----------a□U----------------------------------------
(2) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
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If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
7. Transfer Of Rights Of Recovery Against Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.
F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS
1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition:
a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and
b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement.
2. "Advertising idea" means any idea for an "advertisement".
3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form.
4. "Auto" means:
a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged.
However, "auto" does not include "mobile equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the above, mental anguish or death at any time.
6. "Coverage territory" means:
a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of:
(1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or
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(3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication.
provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to.
7. "Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of "electronic data", means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data.
8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker".
9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document.
10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be.
11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because:
a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by:
a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement.
12. "Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance. b. A sidetrack agreement;
c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement; or
f. 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 ---------a-n�other party to pay for "bodily injury" or "property damage" to a third person or organization. I ort lia6ili�ty ___ _ 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" or "property damage" 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, designs 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
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(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.
13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker".
14. "Loading or unloading" means the handling of property:
a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto".
15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on which are permanently mounted:
(1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo.
However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos":
(1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or (c) Streetcleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.
However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered "autos".
16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses:
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a. False arrest, detention or imprisonment;
b. Malicious prosecution;
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c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor;
d. Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement".
18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
19. "Products-completed operations hazard";
a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except:
(1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times:
(a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site.
(c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.
The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent.
b. Does not include "bodily injury" or "property damage" arising out of:
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or
(2) The existence of tools, uninstalled equipment or abandoned or unused materials.
20. "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; or -------b-. -l:0ss-0f-use-of-t-angible-preperty-that-is-not-physically-injured:-All-sueh-loss-of-use-shall-be-deemed-to-0eeur-at--- the time of "occurrence" that caused it.
As used in this definition, "electronic data" is not tangible property.
21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.
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22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.
23. "Unmanned aircraft" means an aircraft that is not:
a. Designed;
b. Manufactured; or
c. Modified after manufacture;
to be controlled directly by a person from within or on the aircraft.
24. "Volunteer worker" means a person who:
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.
25. "Your product":
a. Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and
(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold.
26. "Your work":
a. Means:
(1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and
(2) The providing of or failure to provide warnings or instructions.
Form SL 00 00 10 18 Page 22 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
ATTACHMENT E
705
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be
otherwise due on such remuneration.
% of the California workers' compensation premium
SCHEDULE
Person or Organization
Form WC 04 03 06
Process Date:
Job Description
Countersigned by __________________ _
Authorized Representative
{1) Printed in U.S.A.
Policy Expiration Date:
ATTACHMENT E
706
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be
otherwise due on such remuneration.
% of the California workers' compensation premium
SCHEDULE
Person or Organization
Form WC 04 03 06
Process Date:
Countersigned by
(1) Printed in U.S.A.
Job Description
-------------------
Authorized Representative
Policy Expiration Date:
ATTACHMENT E
707
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HARTFORD
BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.
A. The following is added to Section C. WHO IS AN INSURED:
Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.
A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.
However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.
The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.
The insurance afforded to such additional insured only applies to the extent permitted by law.
The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS.
a. Vendors
Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(1) The insurance afforded to the vendor is subject to the following additional exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the c:ontract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or Form SL 30 32 06 21 Page 1 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
ATTACHMENT E
708
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THE
HARTFORD
(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment
(1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
(1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In connection with your premises;
(b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respecfto the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
(i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service.
Form SL 30 32 06 21 Page 2 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
ATTACHMENT E
709
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit THE�
HARTFORD
(1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or
(b) "Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party
(1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities.
This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above.
Form SL 30 32 06 21 Page 3 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)
ATTACHMENT E
710
Outlook
FW: [MARKETING] CCSS Presents Bowling Spooktacular - Costume contest, Treats & Raffles From Michael Blower < [email protected]>
Date Tue 10/7/2025 11 :57 AM
To Florence Low < [email protected]>
Florence,
Would you please get me a sponsorship team for this event for $350 using my discretionary funds? Also, would you please add to my calendar? Thank you!
From: Central Valley Asian Chamber of Commerce <[email protected]> Sent: Thursday, October 2, 2025 1:02 PM
To: District 3 <[email protected]>
Subject: [MARKETING] CCSS Presents Bowling Spooktacular - Costume contest, Treats & Raffles CAUTION: This email originated from outside the City of Stockton. Do not click any links or open attachments if this is unsolicited email.
CVASIANCHAMBER
central valley asian chamber of commerce
October 2, 2025
ATTACHMENT E
711
PRIZEFOR
BESfTEAM
11-fEME/
COSTUME
(NO FACE
MASKS
PLEASE)
Bowlini Spook acular
��v�����vvvvvv�vvvvv�v�v��v
� $50 PER PERSON �
� TEAMSOF4 �
1PMto4PM
CHECK IN OPENS AT 12:30PM
RSVP BY SUNDAY, OCTOBER 12, 2025
vv�vvvvvvvvvvvvvvvvvvvvvvvvv
: SPOOKTACULAR :
SPONSOR
TEAM
$350
(INCLUDES
TEAM OF
4 AND
MORE!)
Team Name _____________________________ _
Team Captain (please print) 1. _____________ P;.:.
h.:.o:..::
ne:..=========-.
Ema ii: CHECK IN OPENS AT 12:30PM
Team Members 2. TOTAL TEAM FEE= $200 or
(please print) 3. SPONSOR TEAM FEE= $350
4. TOTAL ENCLOSED: $ __ _
PLEASE MAKE CHECK PAYABLE TO CCSS, ENCLOSE THIS FORM AND SEND TO:
ccss
c/o Loreen Huey
3699 Wood Duck Circle
Stockton, CA 95207
For more info:
* Loreen Huey (209) 473-3499
[email protected]
+ Kevin Wong
[email protected]
ATTACHMENT E
712
Chinese Cultural Society of Stockton
Thank you for your interest in supporting our Bowling Spooktacular! The Chinese Cultural Society of Stockton (CCSS) is a non-profit 501(c)(3) volunteer run organization formed in 1978. Our mission is to promote an awareness and appreciation of Chinese Culture ln the community. The Chinese New Year Celebration (CNYC) is our annual premier event showcasing rnany aspects of the Chinese heritage and diversity in the area.
For more than four decades, CCSS has reached out to share the varied involvement of the Chinese in our community. Aiming to nurture the future, we grant academic scholarships to area high school students and oversee many generous fomily awards. Our annual activities and projects are solely supported by membership dues and business sponsorships of the CNYC.
Thank you for your support with our mission to share the Chinese culture with the community and to strengthen our future through today's youth.
2025 Sponsorship Donation Form
Company/Business Name: _________________________ _
Contact Person: _______________________________ _
Business Address:----------- -------------- -----
Ci
ty: _____________ State/Zip: _________________ _
Phone: ___________ _ Cell/Alternate Phone#: _______ ____ _ Email: __ _______________________________ _
Brief Description of Business: ___________________________ _ Choose from a selection:
___ YES, I would like to be a lane sponsor for S350.00
___ I would like to make a donation in the amount of:$ ____ _ ___ I would like to donate a raffle prize
___ I would like to donate the following: _____________________ _ SPONSORSHIP DEADLINE IS WEDNESDAY, OCTOBER 1, 2025
Please include payment when submitting this form
Checks should be made payable to the "Chinese Cultural Society of Stockton" Please mail to: CCSS, c/o Loreen Huey, 3699 Wood Duck Circle, Stockton, CA 95207 The Chinese Cultural Society of Stockton is o non-profit organization under section 501/c)/3} of the Internal Revenue Code. Tax ID II 94-2535613. Donations are tax deductible to the extent provided by law. This letter con be presented as a receipt.
Central Valley Asian-American Chamber of Commerce I 178 W. Adams St. I Stockton, CA 95204 us
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ATTACHMENT E
713
@Constant
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ATTACHMENT E
714
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
423000737 4
This Amendment Number _4_ to the above referenced Agreement is entered into on _ 4__11_7_12_6 _____ _
between the City of Stockton ("City") and Hard Luck Animal Welfare Advocates ("Contractor").
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $440,000 to pay for the Contractor for veterinary services and support of the animal shelter.
Now therefore, the City and the Contractor mutually agree as follows:
1.The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, will now read as follows:
1.1 The "not to exceed" amount includes City approved reimbursable expenses, if any, and all payments to be made pursuant to this Agreement's sum for the initial term and extended term. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
Initial Term the maximum not to exceed amount is $6,354,344.38 Extended Term the maximum not to exceed amount is $440,000 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $6,794,344.38.
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.