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HomeMy WebLinkAboutAs-Built Plans_1997 Street Improvement Project_RFP - CM ServicesRobert S. Huff Mayor Carol Herrera Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary H. Werner Council Member Rec dedpape, City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 909) 860-2489 - Fax: (909) 861-3117 • City Online (BBS): (909) 860-5463 Internet: http://w .ci.diamond-bar.ca.us CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSAL FOR CONSTRUCTION ADMINISTRATION/INSPECTION SERVICES January 2, 1997 INTRODUCTION The City of Diamond Bar is seeking to retain the services of a qualified and experienced consultant firm to provide construction administration/inspection services for the street rehabilitation projects along Diamond Bar Boulevard, Pathfinder Road and Brea Canyon Road. The locations and limits of the proposed improvements are described as follows: A. Diamond Bar Boulevard between Grand Avenue and Palomino Drive (1.56 miles) - This is being utilized as a major north -south arterial that serves the businesses and residents of Diamond Bar. The work to be performed includes the overlay and/or reconstruction of existing pavement of varying ages and conditions and other incidental/appurtenant work as shown on the plans (on file in the Public Works Department). Diamond Bar Boulevard Street Rehabilitation Project will be funded by ISTEA. The selected Consultant will be responsible for ensuring compliance with all requirements for ISTEA funded projects as detailed in Local Programs Manuals (Volumes I, II, and III) and as modified by Local Program Procedures Memorandum LPP) LPP95-07 and other applicable LPP's. B. Brea Canyon Road and Pathfinder Road 1. Brea Canyon Road between Golden Springs Drive and Northerly City limits (0.5 mile) - This is being utilized as a secondary north -south arterial that serves 11 the businesses and residents of Diamond Bar. The work to be performed includes the overlay and/or construction of localized pavement areas and other incidental/appurtenant work as shown on the plans (on file in the Public Works Department). 2. Pathfinder Road between Shaded Wood Road and Diamond Bar Boulevard (1 mile) - This is being utilized as a major east -west arterial that serves the business and residents of Diamond Bar. The work to be performed includes the overlay and/or construction of localized pavement areas and other incidental/appurtenant work as shown on the plans (on file in the Public Works Department). Note that Brea Canyon Road and Pathfinder Road will be combined into one CIP street rehabilitation project and will be funded by Gas Tax. The construction contract period is 90 calendar days for each of the above-mentioned projects and the tentative schedules are as follows: DIAMOND BAR BOULEVARD Plans and specifications to City Council for approval and authorize City Clerk to advertise for bids 2/04/97 o Bid Opening 2/27/97 Award of Contract 3/18/97 Notice to Proceed 3/31/97 Completion of Construction 6/30/97 BREA CANYON ROAD AND PATHFINDER ROAD Plans and specifications to City Council for approval and authorize City Clerk to advertise for bids 3/04/97 Bid Opening 3/27/97 Award of Contract 4/15/97 Notice to Proceed 4/28/97 Completion of Construction 7/31/97 SCOPE OF WORK 1. Coordinate and attend pre -construction meeting. 2. Coordinate with utility companies and/or Caltrans. 3. Provide construction inspection to ensure that the contractor is in full compliance with the construction contract. 2 4. Provide plant inspection, if necessary. 5. Prepare daily inspection reports and progress photos with weekly summary reports. Submit to the City on a weekly basis. 6. Provide videography (visual documentation) of street condition before, during, and after the construction. 7. Maintain and update 24-hour project informational hotline. 8. Answer contractor's questions regarding design issues and .review/monitor contractor's progress and schedule. 9. Evaluate progress payments and change order requests. 10. Conduct final job walk(s) and prepare "punch list". 11. Recommend for final acceptance of project. 12. Maintain project construction records and prepare record drawings to be given to the City at the end of the project. PROPOSAL CONTENTS The consultant's proposal must contain the following information and should be organized as follows: 1. Cover letter summarizing the proposal. 2. Statement of qualifications, including list of construction administration/inspection projects that have been successfully implemented within the last three years. 3. Understanding of the City's needs. 4. A detailed work plan which itemizes and describes each task to be completed. 5. Resume of inspector. 6. Project staffing and organization. 7. Not to Exceed (NTE) figure and hourly billing rates for typical staff classifications and estimated cost for the construction administration/inspection services of each and/or both of the projects. Please state all assumptions upon which the estimates are based. 9 8. Other. This may include additional information about the firm, sample reports, outputs or pertinent insight about the construction administration/inspection services being offered. SELECTION OF QUALIFIED CONSULTANT The City of Diamond Bar shall select the consultant for this project based on a combination of factors, such as qualifications, past experience with similar projects, approach to this particular service, and consultant's cost effectiveness. There may be interviews of some or all consultants who submit proposals. The selected firm will enter into the City of Diamond Bar Professional Services Agreement, as attached Exhibit "A". The City has the right to reject all proposals at any point in the selection process with.no financial obligation to the consultants. PROPOSAL A mandatory pre -proposal informational meeting is scheduled for 3:00 p.m. January 17, 1997. If you are interested in responding to this RFP, please submit your proposal based on the Proposal Contents section by 5:00 p.m. January 24, 1997. The proposal should be doubled spaced on 8 1/2" X 11" paper and should be organized as described in the Proposal Contents section of this RFP. Three (3) sets of proposal shall be presented in a sealed envelope bearing the name, address, and telephone number of individual or entity submitting the proposal and shall be addressed to: David G. Liu, P.E. Department of Public Works City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 909) 396-5672 If there are any questions regarding this RFP, please contact me at (909) 396-5672. Sincerely, David G. Liu, P.E. Deputy Director of Public Works DGL:ls Attachments C:\wP60\LINDAKAY\DIAMORFMDIAMRF.IIA.RFP V CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect , 1997, and shall continue until , unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed dollars ($). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 950525 10572-00001 lajl.dl 1092677 4 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3)automotive liability insurance, with minimum combined single limits coverage of 500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than 1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property 95052510572-00001 hj/01092677 4 Page 2 damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (3 0) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may trminate this Agreement with or without cause upon fifteen (15) days written notice to Consultant. The effective date of termination shall be upon the date specified in the 95052510572-000011sjhd110926774 Page 3 notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion; sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of 95052510572-00001 I.j/.a 1092677 4 Page 4 performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 950525 10572-00001 ij,m 1092677 4 Page 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date fust written above. City" ATTEST: CITY OF DIAMOND BAR City Clerk Mayor Approved as to form: "CONSULTANT" City Attorney C:\W P60\LINDAKAY\AGREE-97\97PROSER.RE V 950525 10572-00001 1 yadl 1092677 4 Page 6 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABMrrY Name and address of named insured (`Named Insured")' Name and address oflnsurance Company ("Company'): description ofagreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third - party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. J -t ADDITIONAL INSURED ENDORSEMENT 95052510572-00001 hvsu 1092677 4 COMPREHENSIVE GENERAL LIABILITY 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROWTO LIMITS OF LIABILITY 11: Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Contractual Liability Owners/Landlords/Tenants Manufacturers/Contractors Explosion Hazard Collapse Hazard Underground Property Damage J-2 ADDITIONAL INSURED ENDORSEMENT 95052510572-00001 hjh& 10926774 COMPREHENSIVE GENERAL LIABILITY Products/Completed Operations Broad Form Property Damage Extended Bodily Injury Broad Form Comprehensive General Liability Endorsement Pollution Liability Liquor Liability Fol 12. A deductible or self-insured retention (check one) of $ applies to all coverage(s) except: none, so state). The deductible is applicable per claim or per occurrence (check one). 13. This is an occurrence or claims made policy (check one). 14. This endorsement is effective on of Policy Number at 12:01 A.M. and forms a part 1 (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed 119 Signature of Authorized Representative Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 1 J-3 ADDITIONAL INSURED ENDORSEMENT 95052510572-00001 1sy.& 1092677 4 COMPREHENSIVE GENERAL LIABILITY ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address ofnamed insured (`Named Insured'): Name and address oflnsurance Company ("Company'): General description ofagreement(s), permit(s), license(s), and/or activity(Yes) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the Policy') or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1 The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third - party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after J-4 ADDITIONAL INSURED ENDORSEMENT 950525 10572-o0DOI 6Y=x11092677 4 AUTOMOBILE LIABILITY written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WIRCH POLICY PERIOD THIS ENDORSEMENT ATTACHES FROMlrO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles All Owned Automobiles Non -owned Automobiles Hired Automobiles Truckers Coverage Motor Carrier Act Bus Regulatory Reform Act Public Livery Coverage J-5 ADDITIONAL INSURED ENDORSEMENT 950525 10572-00001 1W.d31092677 4 AUTOMOBILE LIABILITY Scheduled Automobiles Garage Coverage C 12. A deductible or self-insured retention (check one) of $ applies to all coverage(s) except: ifnone, so state). The deductible is applicable per claim or per occurrence (check one). 13. This is an occurrence or claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. 19 Signature of Authorized Representative Original signature only; no facsimile signature or initialed signature accepted) Phone No.: (_) J-6 ADDITIONAL INSURED ENDORSEMENT 950525 10572-00001 huh& 1092677 4 AUTOMOBILE LIABILITY ADDITIONAL INSURED END( EXCESS LIABILITY , Name and address ofnamed insured (`Named Insured'): Name and address oflnsurance Company ("Company'): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third - party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. J-7 ADDITIONAL INSURED ENDORSEMENT 950525105]2-00001 hy,f 1092677 4 EXCESS LIABILITY 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. hi the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMPPS OF THIS ENDORSEMENT ATTACHES FROWFO LIABILITY Following Form Umbrella Liability 11. Applicable underlying coverages: INSURANCE COMPANY AMOUNT POLICY NO. 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: J -a ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 950525 10572-OOW1 1zjhd17092677 4 13. A deductible or self-insured retention (check one) of $ applies to all coverage(s) except: ifnone, so state). The deductible is applicable per claim or per occurrence (check one). 13. This is an occurrence or claims made policy (check one). 14. This endorsement is effective on Number at 12:01 A.M. and forms a part of Policy 1 (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed PhoneNo.:( ) 19 Signature of Authorized Representative Original signature only; no facsimile signature or initialed signature accepted) J-9 ADDITIONAL INSURED ENDORSEMENT 95052510572-00001 laj/.0 1092677 4 EXCESS LIA6ILITY