HomeMy WebLinkAboutItem 4.08 - 1901 Amendments to Consulting Service Agreements
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STAFF REPORT
CITY COUNCIL
DATE: March 20, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendments to Agreements for On-Call Engineering Services
Prepared by: Nancy McDonnell, Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider approving amendments to the agreements for on -call
engineering services to include or increase not -to-exceed amounts and will also
consider a term extension for the agreement with Omni-Means.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendments to Consulting Services Agreements with
Associated Engineering Consultants, Inc.; Cal Engineering & Geology; Consolidated
Engineering Laboratories; Cotton, Shires & Associates; CSG Consultant s, Inc., Caltrop;
ENGEO; Geosphere; Hill International; Omni-Means, LTD.; and Swinerton Management
& Consulting.
FINANCIAL IMPACT:
Approval of the proposed amendments to on -call service agreements would not change
the amount budgeted for these services but would add a compensation limit to the total
cost of services. Staff anticipates spending a total of approximately $8 million for these
services, funded by specific Capital Improvement Program project budgets, developer
deposits, or department operating budgets.
DESCRIPTION:
The Public Works Department utilizes consultants on Capital Improvement Program
(CIP) projects, private development projects, and for on -call services as needed.
Services provided assist Staff in specific areas of technical and professional expertise.
Consultants are solicited through an open and competitive request for qualifications
(RFQ) process. For the subject agreements, Staff issued RFQs and City Council
approved agreements in the service categories shown in the following table:
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Service Category/Consulting Services Providers and Last City Council
Approval Date
Construction Management & Inspection
• Swinerton Management and Consulting, 9/5/2017
• Associated Engineering Consultants, Inc., 6/21/16
• Caltrop, 6/21/16
• Hill International, 6/21/16
Construction Inspection & Materials Testing
• ENGEO*, 6/21/16
Geology & Geotechnical
• Cal Engineering & Geology, 6/21/16
• Cotton, Shires & Associates, 6/21/16
• ENGEO*, 6/21/16
• Geosphere, 6/21/16
Traffic Engineering
• Omni-Means, Ltd., 6/7/16
* Indicates firm provides more than one service category under their Agreement.
Compensation Limit
Staff is proposing that existing agreements for on -call consultant services be amended
to include a limit on compensation paid to the consultant through th e term of the
agreement. This proposed change would be consistent with updated contracting
practices. The “not to exceed” limit on compensation is consistent with agreements
approved for Building Inspections, Building Code Enforcement, and Plan Checking
services, as well as previously amended agreements for various Engineering Services.
The agreement with Swinerton Management and Consulting was previously amended
with a not-to-exceed amount on September 5, 2017. At this time, Staff is proposing this
be increased further to provide additional funds for development review and inspection
services for both private development and capital projects.
Extension of Term
The agreement with Omni-Means, LTD. was previously termed July 1, 2014 through
June 30, 2016 and amended on June 7, 2016 to extend the term through June 30,
2018. At this time, Staff is proposing this be extended further, through December 31,
2018 to complete work on an ongoing task order issued for traffic engineering services.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving Amendments to Consulting Services Agreements
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2. Exhibit A to Resolution - Agreement Amendments
3. Current Agreements
RESOLUTION NO. XX- 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENTS TO CONSULTING SERVICES AGREEMENTS WITH
ASSOCIATED ENGINEERING CONSULTANTS, INC; CAL ENGINEERING &
GEOLOGY; CONSOLIDATED ENGINEERING LABORATORIES; COTTON, SHIRES
& ASSOCIATES; CSG CONSULTANTS, INC; CALTROP; ENGEO; GEOSPHERE;
HILL INTERNATIONAL; OMNI-MEANS; AND SWINERTON MANAGEMENT &
CONSULTING.
WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for
on-call engineering services; and
WHEREAS, Staff reviewed and selected the most qualified firms to provide
certain engineering services on an as-needed basis; and
WHEREAS, the City entered into Consulting Services Agreements with the
selected firms; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the Amendments to the Consulting Services Agreements
with Associated Engineering Consultants, Inc.; Cal Engineering & Ge ology;
Consolidated Engineering Laboratories; Cotton, Shires & Associates; CSG Consultants,
Inc.; Caltrop; Engeo; Geosphere; Hill International’ Omni-Means; and Swinerton
Management & Consulting; as attached hereto as Exhibit A to this Resolution; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendments.
PASSED, APPROVED AND ADOPTED this 20th day of March, 2018, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ASSOCIATED ENGINEERING CONSULTANTS
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
"City") and Associated Engineering Consultants (hereinafter referred to as "Consultant”)
entered into a Consulting Services Agreement for Construction Management and
Inspection services (hereinafter referred to as the “Agreement”); and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$1,000,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
ASSOCIATED ENGINEERING CONSULTANTS
Dated: By: _____________________________
Mark Burlew, Principal in Charge
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND CAL ENGINEERING AND GEOLOGY
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
"City") and Cal Engineering and Geology (hereinafter referred to as "Consultant”)
entered into a Consulting Services Agreement for Geology & Geotechnical services
(hereinafter referred to as the “Agreement”); and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$500,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
Cal Engineering and Geology
Dated: By: _____________________________
Phil Gregory, Principal-in-Charge
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND CALTROP CORPORATION
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
"City") and CALTROP Corporation (hereinafter referred to as "Consultant”) entered into
a Consulting Services Agreement for Construction Management and Inspection
services (hereinafter referred to as the “Agreement”); and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$500,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
CALTROP Corporation
Dated: By: _____________________________
Javad Rassouli, COO
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND COTTON, SHIRES AND ASSOCIATES, INC.
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
"City") and Cotton, Shires and Associates, Inc. (hereinafter referred to as "Consultant”)
entered into a Consulting Services Agreement for Geology & Geotechnical services
(hereinafter referred to as the “Agreement”); and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$500,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
Cotton, Shires and Associates, Inc.
Dated: By: _____________________________
Ted Sayre, Principal Engineering Geologist
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND CSG CONSULTING, INC.
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
"City") and CSG Consulting, Inc. (hereinafter referred to as "Consultant”) entered into a
Consulting Services Agreement for Construction Management and Inspection services
(hereinafter referred to as the “Agreement”); and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$1,000,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
CSG Consulting, Inc.
Dated: By: _____________________________
Cyrus Kianpour, President
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ENGEO INCORPORATED
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
"City") and ENGEO Incorporated (hereinafter referred to as "Consultant”) entered into a
Consulting Services Agreement for Construction Inspection and Materials Testing
services (hereinafter referred to as the “Agreement”); and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$500,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
ENGEO Incorporated
Dated: By: _____________________________
Josef Tootle, Principal
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ENGEO INCORPORATED
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
"City") and ENGEO Incorporated (hereinafter referred to as "Consultant”) entered into a
Consulting Services Agreement for Geology & Geotechnical services (hereinafter
referred to as the “Agreement”); and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$500,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
ENGEO Incorporated
Dated: By: _____________________________
Josef Tootle, Principal
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND GEOSPHERE CONSULTING, INC.
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
"City") and Geosphere Consulting, Inc. (hereinafter referred to as "Consultant”) entered
into a Consulting Services Agreement for Geology & Geotechnical services (hereinafter
referred to as the “Agreement”); and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$500,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
Geosphere Consulting, Inc.
Dated: By: _____________________________
Eric J. Swenson
Principal Geotechnical Engineer
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND HILL INTERNATIONAL, INC.
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
"City") and Hill International, Inc. (hereinafter referred to as "Consultant”) entered into a
Consulting Services Agreement for Construction Management and Inspection services
(hereinafter referred to as the “Agreement”); and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$500,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
Hill International, Inc.
Dated: By: _____________________________
Anthony Marraro, Principal in Charge
AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND OMNI MEANS, LTD.
WHEREAS, on July 1, 2014, the City of Dublin (hereinafter referred to as
"City") and Omni-Means, LTD. (hereinafter referred to as "Consultant”) entered into a
Consulting Services Agreement for Traffic Engineering services (hereinafter referred to
as the “Agreement”); and
WHEREAS, on June 7, 2016 the City Amended the Agreement to extend
the term through June 30, 2018; and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$100,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
Omni-Means, LTD.
Dated: By: _____________________________
Ronald G. Boyle, P.E.
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND SWINERTON MANAGEMENT AND CONSULTING
WHEREAS, on July 1, 2016, the City of Dublin (hereinafter referred to as
"City") and Swinerton Management and Consulting (hereinafter referred to as
"Consultant”) entered into a Consulting Services Agreement for Construction
Management and Inspection services (hereinafter referred to as the “Agreement”); and
WHEREAS, the City and Consultant now wish to amend the Agreement to
include a limit on the total compensation payable to the Consultant under the
Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency
of which is hereby acknowledged, the Agreement is amended as follows:
1) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety
and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Consultant for
services outlined in Exhibit A in accordance with the hourly rate schedule
attached hereto as Exhibit B. The total sum paid to Consultant shall not exceed
$3,000,000., notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs
incurred under this Agreement. In the event of a conflict between this Agreement
and Consultant’s proposal, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all
invoices to City in the manner specified herein. Except as specifically authorized
by City, Consultant shall not bill City for duplicate services performed by more
than one person.
2) Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed as of the date written below.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
Swinerton Management and Consulting
Dated: By: _____________________________
Jeffrey S. Gee, Vice President
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
ENGEO INCORPORATED
This Agreement is made and entered into between the City of Dublin("City")and ENGEO Incorporated ("Consultant")
as of July 1, 2016(the"Effective Date"). In consideration of their mutual covenants,the parties hereto agree as
follows:
Section 1.SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall
provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the
manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A,the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and
shall end on June 30, 2019, and Consultant shall complete the work described in Exhibit A
as assigned by Task Order prior to that date, unless the term of the Agreement is
otherwise terminated or extended, as provided for in Section 8. The time provided to
Consultant to complete the services required by this Agreement shall not affect the City's
right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in conformance with standards of quality normally observed by
a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services
pursuant to this Agreement. In the event that City, in its sole discretion,at any time during the term
of this Agreement,desires the reassignment of any such persons, Consultant shall, immediately
upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided in
Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2.COMPENSATION. City hereby agrees to pay Consultant for services outlined in Exhibit A in
accordance with the hourly rate schedule attached hereto as Exhibit B. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement
shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant for
services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is
based upon Consultant's estimated costs of providing the services required hereunder, including salaries and
benefits of employees and subcontractors of Consultant. Consequently,the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and
its employees,agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of
this Agreement, based on the cost for services performed and reimbursable costs incurred prior to
the invoice date. No individual performing work under this Contract shall bill more than 2,000
hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices
shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under this
Contract
o Hours must be logged in increments of tenths of an hour or quarter hours
o If this Contract covers multiple projects, all hours must also be logged by project
assignment
o A brief description of the work,and each reimbursable expense
A Task Summary containing the original contract amount,the amount of prior billings,the
total due this period,the balance available under the Agreement, and the percentage of
completion;
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent,and subcontractor of Consultant performing services hereunder,
as well as a separate notice when the total number of hours of work by Consultant and
any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800
hours, which shall include an estimate of the time necessary to complete the work
described in Exhibit A;
The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received,for services
satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days
from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Consultant in rendering services pursuant to this Agreement. City shall make no payment for any
extra,further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the
amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B.
2.5 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed
3,000). Expenses not listed below are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not be
exceeded.
Document Reproduction
Postage
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement
pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and
reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of
termination. Consultant shall maintain adequate logs and timesheets in order to verify costs
incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or
incur any costs whatsoever under the terms of this Agreement until receipt of authorization from
the Contract Administrator.
Section 3.FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and
expense, provide all facilities and equipment that may be necessary to perform the services required by this
Agreement. City shall make available to Consultant only the facilities and equipment listed in this section,and only
under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks,filing cabinets,and conference space, as may be reasonably
necessary for Consultant's use while consulting with City employees and reviewing records and the information in
possession of the City. The location,quantity,and time of furnishing those facilities shall be in the sole discretion of
City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including
but not limited to computer, long-distance telephone or other communication charges,vehicles,and reproduction
facilities.
Section 4.INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at
its own cost and expense, shall procure"occurrence coverage" insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work hereunder by the
Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance
satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section
throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid.
Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s)and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part of this Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional
insured. Furthermore,the requirements for coverage and limits shall be(1)the minimum coverage and limits
specified in this Agreement;or(2)the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured;whichever is greater. The additional insured coverage under the
Consultant's policy shall be"primary and non-contributory"and will not seek contribution from City's insurance or self-
insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as
required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid
by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled,changed, or allowed to lapse without at
least thirty(30)days' prior written notice to City of such cancellation,change,or lapse.
4.1 Workers'Compensation. Consultant shall,at its sole cost and expense, maintain Statutory
Workers'Compensation Insurance and Employer's Liability Insurance for any and all persons
employed directly or indirectly by Consultant. The Statutory Workers'Compensation Insurance
and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION
DOLLARS($1,000,000.00)per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the Labor Code shall be solely in the discretion of the Contract
Administrator. The insurer, if insurance is provided,or the Consultant, if a program of self-
insurance is provided,shall waive all rights of subrogation against the City and its officers,officials,
employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty(30)days'prior
written notice by certified mail, return receipt requested, has been given to the City. Consultant
shall notify City within 14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense,shall maintain
commercial general and automobile liability insurance for the term of this Agreement in an
amount not less than ONE MILLION DOLLARS($1,000,000.00) per occurrence,
combined single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or
other form with a general aggregate limit is used,either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to property resulting
from activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 ("any auto").
4.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a.City and its officers, employees,agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant;
premises owned, occupied,or used by Consultant;and automobiles owned,
leased, or used by the Consultant. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers,employees,
agents,or volunteers.
b.The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
c.An endorsement must state that coverage is primary insurance with respect to
the City and its officers,officials,employees and volunteers, and that no
insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
d.Any failure of CONSULTANT to comply with reporting provisions of the policy
shall not affect coverage provided to CITY and its officers, employees, agents,
and volunteers.
e.An endorsement shall state that coverage shall not be canceled except after
thirty(30)days'prior written notice by certified mail, return receipt requested, has
been given to the City. Consultant shall notify City within 14 days of notification
from Consultant's insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
4.3 Professional Liability Insurance. Consultant,at its own cost and expense,shall maintain for
the period covered by this Agreement professional liability insurance for licensed
professionals performing work pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS($1,000,000)covering the licensed professionals'errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed$150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended,voided,canceled
by either party, reduced in coverage or in limits,except after thirty(30)days'prior
written notice by certified mail, return receipt requested,has been given to the City.
4.3.3 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a.The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b.Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement or the work,so
long as commercially available at reasonable rates.
c.If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise,at the Consultant's sole cost and
expense,any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with
insurers with a Bests'rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant
shall furnish City with certificates of insurance and with original endorsements effecting
coverage required herein. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The City reserves the right to require complete,certified copies of all required insurance
policies and endorsements. Failure to exercise this right shall not constitute a waiver of
right to exercise later.
4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this Agreement including the Indemnification
and Insurance requirements to the extent they apply to the scope of the Subcontractor's
work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in
the same manner and to the same extent as Consultant is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same provisions with
any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and
Insurance provisions will be furnished to the Subcontractor upon request. The General
Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any
work and will provide proof of compliance to the City.
4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements,
upon a determination that the coverages,scope, limits, and forms of such insurance are
either not commercially available,or that the City's interests are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions(SIR)and/or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of City(if agreed to in a
written contract or agreement) before City's own insurance or self-insurance shall be
called upon to protect City as a named insured.
4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited,or materially affected in any other manner, Consultant shall
provide written notice to City at Consultant's earliest possible opportunity and in no case
later than five days after Consultant is notified of the change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time herein
required, City may, at its sole option exercise any of the following remedies,which are alternatives
to other remedies City may have and are not the exclusive remedy for Consultant's breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes
due to Consultant hereunder,or both stop work and withhold any payment, until Consultant
demonstrates compliance with the requirements hereof;and/or
Terminate this Agreement.
Section 5.INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the maximum extent
allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers,
agents and employees against any and all suits,claims or actions arising out of any injury to persons or property,
including death,that may occur,or that may be alleged to have occurred, in the course of the performance of this
Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees,subcontractors
or agents. Consultant further agrees to defend any and all such actions,suits or claims and pay all charges of
attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment
be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at
its expense,satisfy and discharge the same. Consultant's responsibility for such defense and indemnity obligations
shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense
and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited
by,the insurance obligations contained in this Agreement.
In the event that Consultant or any employee,agent,or subcontractor of Consultant providing services under this
Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System
PERS)to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify,defend, and hold
harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Consultant or its employees, agents,or subcontractors, as well as for the payment of any penalties and interest on
such contributions, which would otherwise be the responsibility of City.
Consultant/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
Section 6.STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of City. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement
and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not
have the right to control the means by which Consultant accomplishes services rendered pursuant
to this Agreement. Notwithstanding any other City,state,or federal policy, rule, regulation, law,or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing services under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any and all claims to,any compensation, benefit,or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS)as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority,
express or implied,to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority,express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
Section 7.LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws
applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, Consultant and any subcontractors shall comply with
all applicable rules and regulations to which City is bound by the terms of such fiscal assistance
program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its
employees, agents, and any subcontractors have all licenses, permits,qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents,any
subcontractors shall,at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall
obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,on the basis of a
person's race, religion,color,national origin, age, physical or mental handicap or disability, medical
condition, marital status,sex,or sexual orientation, against any employee, applicant for
employment,subcontractor, bidder for a subcontract,or participant in, recipient of,or applicant for
any services or programs provided by Consultant under this Agreement. Consultant shall comply
with all applicable federal,state, and local laws, policies, rules, and requirements related to equal
opportunity and nondiscrimination in employment,contracting, and the provision of any services
that are the subject of this Agreement, including but not limited to the satisfaction of any positive
obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the
Contract Administrator or this Agreement.
Section 8.TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days'written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such compensation
upon Consultant delivering to City any or all documents, photographs,computer software,video
and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion,extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants
such an extension,City shall have no obligation to provide Consultant with compensation beyond
the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting City and Consultant recognize and agree that this Agreement
contemplates personal performance by Consultant and is based upon a determination of
Consultant's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein,other
than to the subcontractors noted in the proposal,without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Consultant shall survive the termination of this
Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this
Agreement, City's remedies shall included, but not be limited to,the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications,drawings, reports,design documents, and any other work
product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by
Consultant;or
8.6.4 Charge Consultant the difference between the cost to complete the work described in
Exhibit A that is unfinished at the time of breach and the amount that City would have paid
Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9.KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports,data, maps, models,charts,
studies,surveys, photographs, memoranda, plans,studies,specifications, records,files,or any
other documents or materials, in electronic or any other form,that Consultant prepares or obtains
pursuant to this Agreement and that relate to the matters covered hereunder shall be the property
of the City. Consultant hereby agrees to deliver those documents to the City upon termination of
the Agreement. It is understood and agreed that the documents and other materials, including but
not limited to those described above, prepared pursuant to this Agreement are prepared
specifically for the City and are not necessarily suitable for any future or other use. City and
Consultant agree that, until final approval by City,all data, plans,specifications, reports and other
documents are confidential and will not be released to third parties without prior written consent of
both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of
account, invoices,vouchers,canceled checks,and other records or documents evidencing or
relating to charges for services or expenditures and disbursements charged to the City under this
Agreement for a minimum of three(3)years, or for any longer period required by law,from the date
of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement
requires Consultant to maintain shall be made available for inspection,audit,and/or copying at any
time during regular business hours, upon oral or written request of the City. Under California
Government Code Section 8546.7, if the amount of public funds expended under this Agreement
exceeds TEN THOUSAND DOLLARS($10,000.00),the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any audit of the City,
for a period of three(3)years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory
relief,to enforce or interpret the provision of this Agreement,the prevailing party shall be entitled to
reasonable attorneys'fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement,
the parties agree that trial of such action shall be vested exclusively in the state courts of California
in the County of Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid,void,or unenforceable,the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports,written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location,would place Consultant in a
conflict of interest,"as that term is defined in the Political Reform Act,codified at California
Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve(12) months,
an employee, agent, appointee,or official of the City. If Consultant was an employee,agent,
appointee, or official of the City in the previous twelve months, Consultant warrants that it did not
participate in any manner in the forming of this Agreement. Consultant understands that, if this
Agreement is made in violation of Government Code§1090 et seq.,the entire Agreement is void
and Consultant will not be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the
City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing,
it may be subject to criminal prosecution for a violation of Government Code§1090 and, if
applicable,will be disqualified from holding public office in the State of California.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission(FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www.fppc.ca.gov/Form700.html.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,focus group,or interview
related to this Agreement,either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager("Contract
Administrator"). All correspondence shall be directed to or through the Contract Administrator or
his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
ENGEO Inc.
Josef Tootle, Principal
2010 Crow Canyon Place, Ste.250
San Ramon,CA 94583
Any written notice to City shall be sent to:
The City of Dublin
Attn: Gary Huisingh
100 Civic Plaza
Dublin,CA 94568
10.11 Integration. This Agreement, including Exhibits A, B and C, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations, representations,or
agreements, either written or oral.
IN WITNESS HEREOF,the parties have caused their authorized representatives to execute this
Agreement on the day of 20 .
CITY OF I-BLIN CONSULTANT 7
7
Christopher L. Foss, City Man.ger Josef Tootl /Princip.l
Attest:
C4.44)
es,§
i
Caroline Soto, City Clerk
Approved as to Form:
Jo • :a er, City Attorney
EXHIBIT A
SCOPE OF SERVICES
Construction Inspection and Materials Testing Services
Services may include construction inspection of Capital Improvement Program projects and/or
improvements associated with private land development; Special Inspection (Concrete Placement, ACI or
ICC, Electrical, Mechanical, Welding, Rebar, Conduit, Cables, etc.), and Public Works Inspection. Special
Inspection firms shall be on the City of Dublin's Building Department's "Recognized Special Inspection &
Testing Agency" list. Materials testing services may include Field and Laboratory Compaction Testing
using Caltrans and ASTM methods, asphalt or concrete batch plant inspection. In addition, Consultant may
be asked to perform other tasks as assigned and directed by the City Engineer.
EXHIBIT B
COMPENSATION SCHEDULE
GE
GlO I E CIINIC AL
ENVIRONMENTALTAI.
WATER RE SOURCE 5
COSIREC[ION SERVICES
PREFERRED CLIENT FEE SCHEDULE
PROFESSIONAL SERVICES
Effective April 2016
President 305.00 per hour
Principal Engineer/Geologist 250.00 per hour
Associate Engineer/Geologist 225.00 per hour
Senior Engineer/Geologist S200.00 per hour
Project Engineer/Gcologisl/Manager 180.00 per hour
Environmental Scientist 175.00 per hour
Staff Engineer/Geologist 160.00 per hour
Assistant Engineer 135.00 per hour
Construction Services Manager 158.00 per hour
Senior Field Representative II 143.00 per hour*/**
Senior Field Representative 1 128.00 per hour•/••
Field Representative 118.00 per hour*/*•
Environmental Technician 125.00 per hour*/••
Senior Laboratory Technician 145.00 per hour
Laboratory Technician 130.00 per hour
CAD/GIS Specialist 128.00 per hour
Network Administrator 195.00 per hour
Project Assistant 113.00 per hour
Two-hour minimum portal to portal.Travel time,pick-up and delivery will be billed based on normal hourly rates,portal to portal.
OVERTIME RATES:Rates increased by factor of 1.5 for all hours worked in excess of eight(8)Monday through Friday,and the first
eight(8)hours worked on Saturday.Rates increased by factor of 2.0 for all hours worked in excess of twelve(12)Monday through Friday,
all hours worked in excess of eight(8)on Saturday and all hours worked on Sunday and holidays.
For Prevailing Wage projects,increase the hourly rate by$15.
Rates increased by factor of 1.25 for night shift hours(hours commencing after 4:00 p.m.or before 4:00 a.m.);rates increased by factor of
1.875(an additional factor of 1.5)for all night shift hours in excess of eight(8).
Deposition, Mediation, Arbitration, or Court Appearance: $2,000.00 half day, $4,000.00 full day
EQUIPMENT AND MATERIALS CHARGES
Description Cost Per Unit(S) Unit
Air Content Meter 7.00 hour
Bailers(Disposable) 8.00 each
Concrete Crack Monitor 20.00 each
Coring Machine 25.00 hour
Electronic Water Level Indicator 5.00 hour
Engineering Analysis Software 20.00 hour
Equipment Transport(er) 100.00 hour
Exploration Equipment(Percussion Penetrometer) 50.00 hour
Floor Flatness/Floor Level Equipment 20.00 hour
Generator 15.00 hour
GIS Website Portal Maintenance 100.00 month
GPS Hand Held(Garmin) 5.00 hour
GPS Survey Grade(Trimble) 90.00 hour
Hand Auger and Soil Sampler 15.00 hour
Hydraulic Pull-Test Equipment 15.00 hour
Interface Probe 2.00 hour
Magnetic Particle Test Equipment 8.00 hour
Moisture Content Test Equipment 6.00 hour
Multi-Parameter Water Meter 15.00 hour
pH Meter/Turbidity Meter 10.00 hour
Photo Ionization Detector 15.00 hour
R Meter(Pachometer) 15.00 hour
Sampling Tubes 10.00 each
Sand Cone Equipment and Material 5.00 hour
Schmidt Hammer 20.00 hour
Skidmore Wilhelm Bolt Tension Calib. 10.00 hour
Slope Inclinometer/Settlement Indicator/VW Readout 50.00 hour
Torque Wrench 12.00 hour
Transfer Pump 3.00 hour
Ultrasonic Equipment 25.00 hour
Vapor Emission Test Kit 25.00 kit
Vector Conversion 60.00 conversion
Vehicle,mileage,nuclear gauge,misc.equipment,wireless communication 22.00 hour
Vehicle,mileage,misc.equipment,wireless communication 13.00 hour
Water Sampling Pumps 20.00 hour
Bridge Toll actual actual
Mileage 78 mile
Parking actual actual
Trailer 15.00 hour
AutoCAD,Terramodel,GIS,Drone 20.00 hour
Photocopies Black&White 0.25 each
Photocopies Color 11 x 17 1.50 each
Photocopies Color 816 x 11 1.00 each
Plot-Black&White 3.00 square foot
Plot-Color 4.00 square foot
Postage actual actual
Scan-Black&White 1.50 each
Scan-Color 175 each
Telephone 0.50 minute
April 1.2016 NS w_cngul.corn
REIMBURSABLES AND RATE INCREASES:
Rates are all-inclusive of overhead, equipment,travel within the San Francisco Metropolitan Bay Area,
office supplies, etc. Reimbursable items, if any, are invoiced at cost to our Clients. Rates are good
through December 31, 2017. Consultant may submit a new rate schedule which shall not exceed 3%, and
shall be based on the San Francisco Bay Area Consumer Price Index CPI for that period of time and this shall
be submitted to the Public Works Director,or their designee, prior to taking effect.
Remit Invoice to:
City of Dublin
Public Works Department
100 Civic Plaza
Dublin, CA 94568
Pursuant to California Labor Code section 1771.1, Consultant shall be registered with the Department of
Industrial Relations.
Prevailing Wage
Pursuant to California Labor Code Section 1771, not less than the general prevailing rate of per diem
wages for work of a similar character in the locality in which the Work is to be performed, and not less than
the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the
California Labor Code must be paid to all workers engaged in performing the Work. Pursuant to California
Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general
prevailing wage per diem rates for the locality in which the Work is to be performed. Pursuant to California
Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in the locality in which the Work is to be performed for each
craft, classification or type of worker needed to perform the project. Pursuant to California Labor Code
Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works
Department and will be made available on request. Throughout the performance of the Work the
Contractor must comply with all provisions of the Contract Documents and all applicable laws and
regulations that apply to wages earned in performance of the Work.
The Contractor is subject to prevailing wage rate compliance monitoring and enforcement by the California
Department of Industrial Relations. The contractor or subcontractor(s) shall not be qualified to bid on, be
listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage
in the performance of any contract for public work, as defined in this chapter, unless currently registered
and qualified to perform public work pursuant to California Labor Code Section 1725.5. It is not a violation
of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the
Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to California Labor Code Section 1725.5 at the time
the contract is awarded.
EXHIBIT C
Public Contract Code
PRIME PROPOSER AND SUBCONSULTANTS MUST SUBMIT A SIGNED
PUBLIC CONTRACT CODE STATEMENT***
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1(Chapter 376,Stats.1985),the proposer hereby declares under
penalty of perjury under the laws of the State of California that the proposer
has_,has not X (mark one)
been convicted within the preceding three years of any offenses referred to in that section,including any charge of fraud,
bribery,collusion,conspiracy,or any other act in violation of any state or Federal antitrust law in connection with the bidding
upon,award of,or performance of,any public works contract,as defined in Public Contract Code Section 1101,with any public
entity,as defined in Public Contract Code Section 1100,including the Regents of the University of California or the Trustees of
the California State University.The term"proposer"is understood to include any partner,member,officer,director,
responsible managing officer,or responsible managing employee thereof,as referred to in Section 10285.1.
Note: The proposer must place a check mark after"has"or"has not"in one of the blank spaces provided.The above
Statement is part of the Proposal.Signing this Proposal on the signature portion thereof shall also constitute signature of this
Statement.Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In accordance with Public Contract Code Section 10162,the Proposer shall complete,under penalty of perjury,the following
questionnaire:
Has the proposer,any officer of the proposer,or any employee of the proposer who has a proprietary interest in the proposer,
ever been disqualified,removed,or otherwise prevented from bidding on,or completing a federal,state,or local government
project because of a violation of law or a safety regulation?
Yes No X
If the answer is yes,explain the circumstances in the following space.
Public Contract Code 10232 Statement
In accordance with Public Contract Code Section 10232,the PROPOSER,hereby states under penalty
of perjury,that no more than one final unappealable finding of contempt of court by a federal court
has been issued against the PROPOSER within the immediately preceding two year period because of
the PROPOSER's failure to comply with an order of a federal court which orders the PROPOSER to
comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Statement and Questionnaire. Proposers
are cautioned that making a false certification may subject the certifier to criminal prosecution.
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California,that the foregoing questionnaire and statements of the Public Contract Code Sections 10162,
10232 and 10285.1 are true and correct and that the proposer has complied with the requirements of
Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5,Title 2 of the
California Administrative Code.) By my signature on this proposal I further certify, under penalty of
perjury under the laws of the State of California and the United States of America,that the Noncollusion
Affidavit required under Title 23 United States Code, Section 112 and Public Contract Code Section 7106;
and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true
and correct.
March 17, 2016 1
DATE AUTHORIZED SIGNATURE)
Josef Tootle
NAME AND TITLE)
ENGEO
COMPANY NAME)
2010 Crow Canyon Place, San Ramon, CA 94583
COMPANY ADDRESS)
DATE(MM/DD/YYYY)
A o CERTIFICATE OF LIABILITY INSURANCE 6/17/2016
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 SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
CONT
PRODUCER
NAMEACT
Kim Coleman Berger
Edgewood Partners Insurance Center PHONE 916-576-1534 FAX 916-583-7619
License No OB29370 A/C No Fet). A/C,Not:
PO Box 13847
E-MAIL Kim.Coleman_Berger @epicbrokers.com
Sacramento CA 95853 INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Travelers Property Casualty 36161
INSURED ENGEO-1 INSURER B:Travelers Indemnity Company 25658
ENGEO Incorporated INSURER C:Lloyd's 85202
2010 Crow Canyon Place#250 INSURER D:
San Ramon CA 94583-4634
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:630426752 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 ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY) (MM/DD/YYYY); LIMITS
A x COMMERCIAL GENERAL LIABILITY Y Y 6608899N880 9/1/2015 9/1/2016 EACH OCCURRENCE 1,000,000
DAMAGE TO RENTED I
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000
X • Deductible NIL MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY j $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000
I PRO PRODUCTS-COMP/OPAGG $2,000,000XPRO-POLICY I
P
LOC
OTHER:
B AUTOMOBILE LIABILITY Y Y 8108899N880 9/1/2015 9/1/2016 (Ea
CO aBINEDtSINGLE LIMIT $
1,000,000
X 1 ANY AUTO BODILY INJURY(Per person) 1 $
ALL
OS
ED SCHEDULED BODILY INJURY(Per accident) $
AUTOS
x NON-OWNED ROacERTYDAMAGE
rHIREDAUTOSAUTOS
A X 1 UMBRELLA LIAB I X OCCUR CUP9331B367 9/1/2015 9/1/2016 EACH OCCURRENCE 1 $5,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000
DED X RETENTION$NIL
WORKERS COMPENSATION UB8669N078 9/1/2015 9/1/2016AY X STATUTE I
EERH
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE N/A
E.L.EACH ACCIDENT ; $1,000,000
OFFICER/MEMBER EXCLUDED?
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L,DISEASE-POLICY LIMIT S1,000,000
C Errors&Omissions B0702BN301420J 9/1/2015
1
9/1/2016 Per Claim 1,000,000
Claims Made Aggregate 1,000,000
Retro Active Date 03/08/89 Retention 150,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Re: All Contracts/Written Agreements between the Certificate Holder and the Insured.Additional Insured: The City of Dublin and its officers,
employees, agents, and volunteers. When required by written contract, Additional Insured status with primary coverage applies to General
Liability and Automobile Liability and Waiver of Subrogation applies to General Liability,Automobile Liability, and Workers'Compensation, all
per the attached endorsements.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
The City of Dublin THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn: Gary Huisingh ACCORDANCE WITH THE POLICY PROVISIONS.
100 Civic Plaza
Dublin CA 94568 AUTHORIZED REPRESENTATIVE
4
rte- i 64% Z,---
1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 6608899N880 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION - ALL PROJECTS SUBJECT TO A
WRAP-UP INSURANCE PROGRAM
WITH LIMITED EXCEPTIONS FOR CERTAIN ONGOING
OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS
1. The following exclusion is added to Paragraph 2., The exceptions in this exclusion do not apply to
Exclusions, of SECTION I — COVERAGES — bodily injury" or "property damage" included in
COVERAGE A BODILY INJURY AND PROP- the "products-completed operations hazard" even
ERTY DAMAGE LIABILITY: if you are required to provide such coverage for
Wrap-up Insurance Programs an additional insured by a written contract or
agreement.
Bodily injury" or"property damage" arising out of
any project that is or was subject to a "wrap-up
2. The following is added to the DEFINITIONS Sec-
insurance program".
lion:
This exclusion does not apply to "bodily injury" or Wrap-up insurance program" means any agree-
ment or arrangement, including any contractor-propertyproperty damage arising out of your ongoing
operations that: controlled, owner-controlled or similar insurance
program, under which:
1) Are being performed at any location owned
by, or rented to, you that is outside the project a. Some or all of the contractors working on a
site for that project and is not covered by the specific project, or specific projects, are re-
wrap-up insurance program" for that project;
quired to enroll in a program to obtain ins -
or
ance that:
2) Are punch list or warranty work, if coverage 1) Includes the same or similar insurance as
was available to the insured under the "wrap- that provided by this Coverage Part; and
up insurance program" for "bodily injury" and 2) Is issued specifically for injury or damage
property damage"arising out of your ongoing arising out of such project or projects; and
operations and the "bodily injury" or "property b. You are or were enrolled or allowed to enroll.
damage" occurs after the expiration of all
such coverage.
CG D3 91 08 13 2013 The Travelers Indemnity Company.All rights reserved.Page 1 of 1
Policy#6608899N880
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - WRITTEN
CONTRACTS (ARCHITECTS, ENGINEERS AND
SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II - WHO IS plies only to such "bodily injury" or "property
AN INSURED: damage"that occurs before the end of the pe-
Any person or organization that you agree in a hod of time for which the "written contract re-
written contract requiring insurance"to include as quiring insurance" requires you to provide
an additional insured on this Coverage Part, but: such coverage or the end of the policy period,
whichever is earlier.
a. Only with respect to liability for "bodily injury",
property damage"or"personal injury";and 2. The following is added to Paragraph 4.a. of SEC-
TION IV - COMMERCIAL GENERAL LIABILITY
b. If, and only to the extent that, the injury or CONDITIONS:
damage is caused by acts or omissions of
you or your subcontractor in the performance The insurance provided to the additional insured
of "your work" to which the "written contract is excess over any valid and collectible "other in
requiring insurance" applies. The person or surance", whether primary, excess, contingent or
organization does not qualify as an additional on any other basis, that is available to the addi-
insured with respect to the independent acts tional insured for a loss we cover. However, if you
or omissions of such person or organization, specifically agree in the "written contract requiring
insurance" that this insurance provided to the ad-
The insurance provided to such additional insured ditional insured under this Coverage Part must
is limited as follows:apply on a primary basis or a primary and non-
c. In the event that the Limits of Insurance of contributory basis, this insurance is primary to
this Coverage Part shown in the Declarations other insurance" available to the additional in-
exceed the limits of liability required by the sured which covers that person or organization as
written contract requiring insurance", the in- a named insured for such loss, and we will not
surance provided to the additional insured share with that "other insurance". But this insur-
shall be limited to the limits of liability required ance provided to the additional insured still is ex-
by that "written contract requiring insurance". cess over any valid and collectible "other insur-
This endorsement shall not increase the limits ance", whether primary, excess, contingent or on
of insurance described in Section III - Limits any other basis, that is available to the additional
Of Insurance. insured when that person or organization is an
d. This insurance does not apply to the render- additional insured under any "other insurance".
ing of or failure to render any "professional 3. The following is added to SECTION IV - COM-
services" or construction management errors MERCIAL GENERAL LIABILITY CONDITIONS:
or omissions. Duties Of An Additional Insured
e. This insurance does not apply to "bodily in- As a condition of coverage provided to the addi-
jury" or "property damage" caused by "your tional insured:
work" and included in the "products-
completed operations hazard" unless the a. The additional insured must give us written
written contract requiring insurance" specifi-notice as soon as practicable of an "occur-
cally requires you to provide such coverage rence" or an offense which may result in a
for that additional insured, and then the insur-claim. To the extent possible, such notice
ance provided to the additional insured ap-should include:
CG D4 14 04 08 O 2008 The Travelers Companies,Inc. Page 1 of 2
COMMERCIAL GENERAL LIABILITY
i. How, when and where the "occurrence"any provider of other insurance which would
or offense took place; cover the additional insured for a loss we
ii. The names and addresses of any injured cover. However, this condition does not affect
persons and witnesses; and whether this insurance provided to the addi-
iii. The nature and location of any injury or tional insured is primary to that other insur-
ancearisingoutofthe "occurrence"or available to the additional insured which
offense. covers that person or organization as a
b. If a claim is made or "suit" is brought against
named insured.
the additional insured, the additional insured 4. The following is added to the DEFINITIONS Sec-
must: lion:
i. Immediately record the specifics of the Written contract requiring insurance" means that
claim or"suit"and the date received;and part of any written contract or agreement under
or-ii. Notify us as soon as practicable.
which you are required to include a person or or-
ganization as an additional insured on this Cover-
The additional insured must see to it that we age Part, provided that the "bodily injury" and
receive written notice of the claim or "suit" as property damage" occurs and the "personal in-
soon as practicable. jury" is caused by an offense committed:
c. The additional insured must immediately send a. After the signing and execution of the contract
us copies of all legal papers received in con-or agreement by you;
nection with the claim or"suit", cooperate with b. While that part of the contract or agreement is
us in the investigation or settlement of the in effect; and
claim or defense against the "suit", and oth-
erwise comply with all policy conditions. c. Before the end of the policy period.
d. The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
Page 2 of 2 2008 The Travelers Companies, Inc. CG D4 14 04 08
POLICY NUMBER: 6608899N880 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE - ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS b. The"personal injury" or"advertising injury"for
COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of-
Section IV), Paragraph 4. (Other Insurance), is fense committed
amended as follows: subsequent to the signing and execution of that
1. The following is added to Paragraph a. Primary contract or agreement by you.
Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex-
However, if you specifically agree in a written con cess Insurance regarding any other primary in-
tract or written agreement that the insurance pro- surance available to you is deleted.
vided to an additional insured under this 3. The following is added to Paragraph b. Excess
Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under
a primary and non-contributory basis, this insur- Subparagraph(1):
ance is primary to other insurance that is avail- That is available to the insured when the insured
able,to such additional insured which covers such is added as an additional insured under any otheradditionalinsuredasanamedinsured, and we policy, including any umbrella or excess policy.will not share with that other insurance, provided
that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs; and
CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved.Page 1 of 1
Policy Number 6608899N880 COMMERCIAL GENERAL LIABILITY
2) The total of all deductible and Insurance shown on the Declarations of
self-insured amounts under that this Coverage Part.
other insurance". R. UNINTENTIONAL OMISSION
We will share the remaining loss, if 1. The following is added to Paragraph 6. Rep-any,with any "other insurance"that is
resentations of SECTION IV — COMMER-
not described in this Excess Insur-
CIAL GENERAL LIABILITY CONDITIONS:ance provision.
c. Method Of Sharing The unintentional omission of, or uninten-
tional error in, any information provided byIfallofthe "other insurance" permits you which we relied upon in issuing this policy
contribution by equal shares, we will shall not prejudice your rights under this in-
follow this method also. Under this
surance.
approach each provider of insurance
contributes equal amounts until it has 2. This Provision R. does not affect our right to
paid its applicable limit of insurance collect additional premium or to exercise our
or none of the loss remains, which-right of cancellation or nonrenewal in accor-
ever conies first. dance with applicable insurance laws or regu-
If any of the "other insurance" does lations.
not permit contribution by equal S. WAIVER OF TRANSFER OF RIGHTS OF RE-
shares, we will contribute by limits. COVERY AGAINST OTHERS TO US WHEN
Under this method, the share of each REQUIRED BY CONTRACT
provider of insurance is based on the
The following is added to Paragraph 8. Transferratioofitsapplicablelimitofinsur-
of Rights of Recovery Against Others to Us ofancetothetotalapplicablelimitsof
SECTION IV — COMMERCIAL GENERAL LI-insurance of all providers of insur-
ABILITY CONDITIONS:ance.
2. The following definition is added to SECTION We waive any rights of recovery we may have
V— DEFINITIONS: against any person or organization because of
Other insurance":
payments we make fo- "bodily injury", "property"
personal, personal injury' or "advertising injury"
a. Means insurance, or the funding of arising out of:
losses, that is provided by, through or on 1. Premises owned by you, temporarily occu-behalf of:
pied by you with permission of the owner, or
1) Another insurance company; leased or rented to you;
2) Us or any of our affiliated insurance 2. Ongoing operations performed by you, or on
companies, except when the Non your behalf, under a contract or agreement
cumulation of Each Occurrence Limit with that person or organization;
section of Paragraph 5. of LIMITS OF
INSURANCE (Section III) or the Non 3. "Your work"; or
cumulation of Personal and Advertis- 4. "Your products".
ing Injury limit sections of Paragraph We waive these rights only where you have4. of LIMITS OF INSURANCE (Sec-
agreed to do so as part of a "written contract re-tion III) applies;
quiring insurance" entered into by you before, and
3) Any risk retention group; in effect when, the "bodily injury' or "property
4) Any self-insurance method or pro- damage" occurs, or the "personal injury" offense
gram, other than any funded by you or"advertising injury"offense is committed.
and over which this Coverage Part T. AMENDED BODILY INJURY DEFINITION
applies; or
The following replaces the definition of "bodily5) Any similar risk transfer or risk man- injury"in the DEFINITIONS Section:agement method.
b. Does not include umbrella insurance, or Bodily injury" means bodily injury, mental an-
excess insurance, that you bought spe- guish, mental injury, shock, fright, disability, hu-
cifically to apply in excess of the Limits of miliation, sickness or disease sustained by a per-
CG D4 15 05 08(Rev.10-08) 2008 The Travelers Companies, Inc.
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 660-8899N880
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Project
Designated Project(s): General Aggregate(s):
EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN 2,000,000
A WRITTEN CONTRACT WHICH IS IN EFFECT DURING
THIS POLICY PERIOD, TO PROVIDE A SEPARATE
GENERAL AGGREGATE LIMIT, PROVIDED THAT THE
CONTRACT IS SIGNED AND EXECUTED BY YOU
BEFORE THE "BODILY INJURY" OR "PROPERTY
DAMAGE" OCCURS.
A. For all sums which the insured becomes legally 3. Any payments made under COVERAGE A.
obligated to pay as damages caused by "occur-for damages or under COVERAGE C. for
rences" under COVERAGE A. (SECTION I), and medical expenses shall reduce the Desig-
for all medical expenses caused by accidents un-nated Project General Aggregate Limit for
der COVERAGE C (SECTION I), which can be that designated "project". Such payments
attributed only to operations at a single desig-shall not reduce the General Aggregate Limit
nated "project"shown in the Schedule above: shown in the Declarations nor shall they re-
1. A separate Designated Project General Ag-duce any other Designated Project General
gregate Limit applies to each designated "pro-Aggregate Limit for any other designated
ject", and that limit is equal to the amount of project shown in the Schedule above.
the General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each
Declarations, unless separate Designated Occurrence, Damage To Premises Rented
Project General Aggregate(s) are sched-To You and Medical Expense continue to
uled above. apply. However, instead of being subject to
2. The Designated Project General Aggregate the General Aggregate Limit shown in the
Limit is the most we will pay for the sum of all Declarations, such limits will be subject to the
damages under COVERAGE A., except applicable Designated Project General Ag-
damages because of "bodily injury" or "prop-
gregate Limit.
erty damage" included in the "products- B. For all sums which the insured becomes legally
completed operations hazard", and for medi- obligated to pay as damages caused by "occur-
cal expenses under COVERAGE C, regard- rences" under COVERAGE A. (SECTION I), and
less of the number of: for all medical expenses caused by accidents un-
a. Insureds; der COVERAGE C. (SECTION I), which cannot
be attributed only to operations at a single desig-b. Claims made or"suits" brought; or nated "project"shown in the Schedule above:
c. Persons or organizations making claims
or bringing"suits".
CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2
COMMERCIAL GENERAL LIABILITY
1. Any payments made under COVERAGE A. vided, any payments for damages because of
for damages or under COVERAGE C. for bodily injury" or "property damage" included in
medical expenses shall reduce the amount the "products-completed operations hazard" will
available under the General Aggregate Limit reduce the Products-Completed Operations Ag-
or the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre-
gregate Limit,whichever is applicable; and gate Limit nor the Designated Project General
2. Such payments shall not reduce any Desig- Aggregate Limit.
nated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini-
C. Part 2.of SECTION III— LIMITS OF INSURANCE tions Section is amended by the addition of the
is deleted and replaced by the following: following definition:
2. The General Aggregate Limit is the most we
Project" means an area away from premises
will pay for the sum of:owned by or rented to you at which you are per-
formingDamagesunderCoverageB; and
forming operations pursuant to a contract or
agreement. For the purposes of determining the
b. Damages from "occurrences" under applicable aggregate limit of insurance, each
COVERAGE A (SECTION I) and for all project" that includes premises involving the
medical expenses caused by accidents same or connecting lots, or premises whose con-
under COVERAGE C (SECTION I) which nection is interrupted only by a street, roadway,
cannot be attributed only to operations at waterway or right-of-way of a railroad shall be
a single designated "project" shown in the considered a single "project".
SCHEDULE above. F. The provisions of SECTION III — LIMITS OF
D. When coverage for liability arising out of the INSURANCE not otherwise modified by this en-
products-completed operations hazard" is pro- dorsement shall continue to apply as stipulated.
Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04
Policy Number: 8108899N880 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any
injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover-
age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
B. BLANKET ADDITIONAL INSURED
USE—INCREASED LIMIT
C. EMPLOYEE HIRED AUTO
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES—INCREASED LIMIT
D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY
E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS
LIMITS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS
ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION
G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS
PROVISIONS
A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that
The following is added to Paragraph Al., Who Is person or organization qualifies as an "insured"
An Insured, of SECTION II—COVERED AUTOS under the Who is An Insured provision contained
LIABILITY COVERAGE: in Section II.
Any organization you newly acquire or form dur C. EMPLOYEE HIRED AUTO
ing the policy period over which you maintain 1. The following is added to Paragraph A.1.,
50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV-
separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE:
Coverage under this provision is afforded only un-An "employee" of yours is an "insured" while
til the 180th day after you acquire or form the or-operating an "auto" hired or rented under a
ganization or the end of the policy period, which-contract or agreement in an "employee's"
ever is earlier. name, with your permission, while performing
duties related to the conduct of your busi-
B. BLANKET ADDITIONAL INSURED ness.
The following is added to Paragraph c. in Al., 2. The following replaces Paragraph b. in B.5.,
Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI-
AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS:
Any person or organization who is required under b. For Hired Auto Physical Damage Cover-
a written contract or agreement between you and age, the following are deemed to be cov-
that person or organization, that is signed and ered "autos"you own:
executed by you before the "bodily injury" or 1) Any covered "auto" you lease, hire,
property damage" occurs and that is in effect rent or borrow; and
during the policy period, to be named as an addi- 2) Any covered "auto" hired or rented by
tional insured is an "insured" for Covered Autos your "employee" under a contract in
Liability Coverage, but only for damages to which an "employee's" name, with your
CA T3 53 02 15 2015 The Travelers Indemnity Company.All rights reserved,Page 1 of 4
Includes copyrighted material of Insurance Services Office,Inc.with its permission.
COMMERCIAL AUTO
permission, while performing duties a) With respect to any claim made or "suit"
related to the conduct of your busi- brought outside the United States of
ness. America, the territories and possessions
However, any "auto"that is leased, hired, of the United States of America, Puerto
rented or borrowed with a driver is not a Rico and Canada:
covered "auto". i) You must arrange to defend the "in-
D. EMPLOYEES AS INSURED sured" against, and investigate or set-
tle any such claim or "suit" and keepThefollowingisaddedtoParagraphA.1., Who Is
us advised of all proceedings and ac-
An Insured, of SECTION II —COVERED AUTOS tions.
LIABILITY COVERAGE:
ii) Neither you nor any other involvedAny "employee" of yours is an "insured" while us- insured" will make any settlementingacovered "auto"you don't own, hire or borrow
without our consent.
in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED iii) We may, at our discretion, participate
in defending the "insured" against, orLIMITSinthesettlementof, any claim or
1. The following replaces Paragraph A.2.a.(2), suit".
of SECTION II —COVERED AUTOS LIABIL- iv) We will reimburse the "insured" for
ITY COVERAGE:
sums that the "insured" legally must
2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily
cluding bonds for related traffic law viola- injury" or "property damage" to which
tions) required because of an "accident" this insurance applies, that the "in-
we cover. We do not have to furnish sured" pays with our consent, but
these bonds. only up to the limit described in Para-
2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of
of SECTION II —COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS
ITY COVERAGE: LIABILITY COVERAGE.
4) All reasonable expenses incurred by the v) We will reimburse the "insured" for
insured" at our request, including actual the reasonable expenses incurred
loss of earnings up to $500 a day be- with our consent for your investiga-
cause of time off from work. tion of such claims and your defense
of the "insured" against any suchF. HIRED AUTO — LIMITED WORLDWIDE COV- suit", but only up to and includedERAGE—INDEMNITY BASIS within the limit described in Para-
The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of
graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS
of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in
TIONS: addition to such limit. Our duty to
5) Anywhere in the world, except any country or make such payments ends when we
jurisdiction while any trade sanction, em- have used up the applicable limit of
bargo, or similar regulation imposed by the insurance in payments for damages,
United States of America applies to and pro—settlements or defense expenses.
hibits the transaction of business with or b) This insurance is excess over any valid
within such country or jurisdiction, for Coy- and collectible other insurance available
ered Autos Liability Coverage for any covered to the "insured" whether primary, excess,
auto" that you lease, hire, rent or borrow contingent or on any other basis.
without a driver for a period of 30 days or less c) This insurance is not a substitute for re-
and that is not an "auto" you lease, hire, rent
quired or compulsory insurance in anyorborrowfromanyofyour "employees", country outside the United States, its ter-
partners (if you are a partnership), members ritories and possessions, Puerto Rico and
if you are a limited liability company) or Canada.
members of their households.
Page 2 of 4 2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15
Includes copyrighted material of Insurance Services Office,Inc.with its permission.
COMMERCIAL AUTO
You agree to maintain all required or 2) In or on your covered "auto".
compulsory insurance in any such coun- This coverage applies only in the event of a total
try up to the minimum limits required by theft of your covered "auto".
local law. Your failure to comply with
No deductibles apply to this Personal Propertycompulsoryinsurancerequirementswill
not invalidate the coverage afforded by
coverage.
this policy, but we will only be liable to the K. AIRBAGS
same extent we would have been liable The following is added to Paragraph B.3., Exclu-
had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE
surance requirements. COVERAGE:
d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or
ted or authorized insurer outside the more airbags in a covered "auto" you own that in-
United States of America, its territories late due to a cause other than a cause of "loss"
and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but
ada. We assume no responsibility for the only:
furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre-
for compliance in any way with the laws hensive Coverage under this policy;
of other countries relating to insurance. b. The airbags are not covered under any war-
G. WAIVER OF DEDUCTIBLE—GLASS ranty; and
The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated.
ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for anyCOVERAGE:one "loss".
No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
glass damage if the glass is repaired rather than LOSS
replaced. The following is added to Paragraph A.2.a., of
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS:
USE—INCREASED LIMIT Your duty to give us or our authorized representa-
The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap-
graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known
TION III—PHYSICAL DAMAGE COVERAGE: to:
However, the most we will pay for any expenses a) You (if you are an individual);
for loss of use is $65 per day, to a maximum of b) A partner(if you are a partnership);
750 for any one "accident".
I. PHYSICAL DAMAGE — TRANSPORTATION
c)
pant'); (
if you are a limited liability com-
l.
EXPENSES—INCREASED LIMIT d) An executive officer, director or insurance
The following replaces the first sentence in Para-manager (if you are a corporation or other or-
graph A.4.a., Transportation Expenses, of ganization); or
SECTION III — PHYSICAL DAMAGE COVER- e) Any "employee" authorized by you to give no-
AGE: lice of the "accident" or"loss",
We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION
1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer
curred by you because of the total theft of a coy- Of Rights Of Recovery Against Others To Us,ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI-
J. PERSONAL PROPERTY TIONS:
The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against
age Extensions, of SECTION III — PHYSICAL Others To Us
DAMAGE COVERAGE:We waive any right of recovery we may have
Personal Property against any person or organization to the ex-
tent required of you by a written contractWewillpayupto $400 for "loss" to wearing ap-signed and executed prior to any "accident"
parel and other personal property which is: or"loss", provided that the "accident" or"loss"
1) Owned by an "insured"; and arises out of operations contemplated by
CA T3 53 02 15 2015 The Travelers Indemnity Company.All rights reserved.Page 3 of 4
Includes copyrighted material of Insurance Services Office,Inc.with its permission.
COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omission of, or unintentional
person or organization designated in such error in, any information given by you shall not
contract. prejudice your rights under this insurance. How-
N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col-
The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of
cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal.
SECTION IV—BUSINESS AUTO CONDITIONS:
Page 4 of 4 Q 2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15
Includes copyrighted material of Insurance Services Office,Inc.with its permission.
Policy Number: 8108899N880 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS 2. The following is added to Paragraph B.5., Other
1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO
Is An Insured, of SECTION II — COVERED CONDITIONS:
AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and
Any person or organization who is required under paragraph d. of this part 5. Other Insurance, this
a written contract or agreement between you and insurance is primary to and non-contributory with
that person or organization, that is signed and applicable other insurance under which an addi-
executed by you before the "bodily injury" or tional insured person or organization is the first
property damage" occurs and that is in effect named insured when the written contract or
during the policy period, to be named as an addi- agreement between you and that person or or-
tional insured is an "insured" for Covered Autos ganization, that is signed and executed by youLiabilityCoverage, but only for damages to which before the "bodily injury" or "property damage"this insurance applies and only to the extent that
person or organization qualifies as an "insured" occurs and that is in effect during the policy pe-person
the Who Is An Insured provision contained rind, requires this insurance to be primary and
in SECTION II. non-contributory.
CA T4 74 02 15 2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc.with its permission.
TRAVELERSS WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A) —
POLICY NUMBER: UB8669N078
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be of the California workers' compensation pre-
mium.
Schedule
Person or Organization Job Description
Any person or organization for which the named As required by Written Contract
insured has agreed by written contract
executed prior to loss to furnish this waiver.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
The information below is required only when this endorsement is issued subsequent to preparation of
the policy.)
Endorsement Effective 9/1/15 Policy No. UB8669N078 Endorsement No.
Insured Engeo Inc. Premium
Insurance Company Travelers Property Casualty Countersigned by
DATE OF ISSUE: ST ASSIGN: CA Page 1 of 1