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- - PSA Caseland Attach. 1 - 10/18/2011
Attachment 1 FOR TOPOGRAPHY SURVEYING THIS AGREEMENT is made and entered into this 18th day of October, 2011 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and CASE LAND SURVEYING, INC., Sole Propriety ("Consultant"). WITNESSETH: A. WHEREAS, City proposes to have Consultant provide topography surveying for various streets throughout the City as described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project') and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: I.O. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the City's Request for Proposal ("RFP'D attached hereto as Exhibit "A," and Consultant's Response to City's RFP (the "Response"). A copy of said Response is attached hereto as Exhibit "B" and incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule"). Consultant's total compensation shall in no case exceed Twb Hundred Seventy Eight Thousand Five Hundred Dollars ($278,500.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 2 Case Land Surveying, Inc PSA 11 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "D," attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays.' Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a ply. 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of two (2) years, ending on October 17, 2013, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 3 Case Land Surveying, Inc. PSA 11 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limitof not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving, subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City.,- (b) ity." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." 5.3. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 4 Case Land surveying, Inc. PSA 11 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: Case Land Surveying, Inc. 614 N. Ecknoff St. Orange, CA 92868 IF TO CITY: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 5 Case Land Surveying, Inc. PSA 11 Tel: 714-628-8948 Fax: 714-628-8905 Attn: Larry V. Case Tel: 714-754-5248 Fax: 714-754- Attn: Maher Nawar 6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "E" and incorporated herein by reference. Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorne, s' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims arising out of or in any way connected with the intentional or negligent acts, error or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.10. independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.11. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be 6 Case Land Surveying, Inc. PSA 11 and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.12. Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.13. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.14. Prohibited Emplo lent. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of the RFP or the Response, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over both the Response and the RFP and the Response shall govern over the RFP. 6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 7 Case Land Surveying, Inc. PSA 11 6.17. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third parry shall have any right in, under or to this Agreement. 6.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.19. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.20. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.21. Waiver, The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.22. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.23. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.24. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 8 Case Land Surveying, Inc. pSA 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA, A municipal corporation Mayor of the City of Costa Mesa CONSULTANjT S L're )) fV Ndrne and Title 33 ` o I 4 F -S f / fJJ7- Social Security or Taxpayer ID Number ATTEST: City Clerk and ex -officio Clerk of the City of Costa Mesa Date: Date: 10-3-11 APPROVED AS TO FORM: ,4A'l -)�- Date: � l7 ity A oMey APPROVED AS TO INSURANCE: Date: 101 L'(� I C� Case Land Surveying, Inc. PSA 11 APPROVED AS TO CONTENT: 10 Date: /.C2 / T/ // Case Land Surveying, Inc. PSA 11 11 Case Land Surveying, Inc. PSA 11 August 22, 2011 SUBJECT: REQUEST FOR PROPOSAL FOR TOPOGRAPHY SURVEY OF SEVERAL STREETS CITYWIDE AS PER THE ATTACHED LIST Dear Consultant: The City of Costa Mesa is requesting a proposal from your firm to provide professional services to complete a Topography Survey for the subject project. The schedule is as follows: ENGINEERING SCHEDULE DATE 1. Proposal Received by the City 9/1212011 2. Award of Consultant Contract 10/18/2011 3. Project Kick-off Meeting 10/19/2011 4. 70% Submittal 12/12/2011 5. 90% Submittal 1/16/2012 6. Deliver 100% Submittal 2/1212012 Enclosed is a Request for Proposals (RFP) to provide professional services for the subject project. The proposal requirements and the necessary professional services required by the City are stated within the RFP. The consultant shall provide all services as requested in the RFP and stated in the submitted proposal. The City of Costa Mesa contact person for this project is Maher Nawar, at (714) 754-5248. You are requested not to contact other staff members in conjunction with this RFP prior to the announcement of the award. Please submit four (4) copies of your proposal no later than 3:00 p.m., on Monday, September 12, 2011. All proposals shall be delivered to: Maher Nawar City of Costa Mesa Public Services/Engineering 77 Fair Drive, a Floor Costa Mesa, CA 92628 Sincerely, Ernesto Munoz, P.E. City Engineer Attachments: A. Request for Proposals B. Cross Gutter List C. List of Streets to be surveyed D. Location Maps E. Plan and Profile Samples c: Fariba Fazeii, Senior Engineer Maher Nawar, Assistant Engineer The services required for this project consist of a flow line elevation survey along the gutter, top and bottom of x, and at the center of driveways within the project limits. Cross gutters and spandrels shall be also surveyed. This information. will be used to determine damaged sections of curb & gutter cross gutters and spandrels to be removed and replaced with a subsequent project. All Consultants responding to this Request for Proposals will be evaluated on the basis of their expertise, prior experience on similar projects, demonstrated competence, timely performance, ability to meet the project schedule, adequate staffing, responsiveness to the clients needs and concerns, and an understanding of the project. In order to maintain uniformity with all proposals fumished by consultants, the proposals shall be limited to a maximum of 20 pages (excluding front and back covers, section dividers, and resumes) and include the following: . A. A statement of project understanding containing any suggestions to expedite the project or special concerns of which City staff should be made aware and a project approach containing any additional scope of work tasks you feel are necessary for the successful completion of the project. B. Identify the Project Manager (PM) and Project Engineer proposed for this project. The PM will be the primary contact person to represent your firm. C. A list of similar, recent projects, which your firm has completed within the last (3 to 5) years. Information should include project description, agency or client name along with the person to contact and the telephone number(s), year completed, and project cost. D. A proposed schedule indicating stages of work, time frames, and ability to perform the required services in a timely manner. E. Fee proposal in a separately sealed envelope containing the following: 1) Cover letter stating the total lump sum fee. 2) Two copies of fee schedules. The fee schedules shall depict individual project tasks, and the basic hourly rates for specific personnel to be used on the project. Please submit four (4) copies of your proposal. 3. CONSULTANT SELECTION COMMITTEE The City of Costa Mesa Public Services Department has established a Consultant Selection Committee consisting of four (4) members who have acted in the capacity of Project Manager for the City on similar projects. The Consultant Selection Committee will evaluate the Consultant on their ability to: Produce a well engineered set of plans which will result in a minimum number of contract change orders; produce an innovative and detailed set of topography survey document which reflect field conditions. 4. ESTABLISHMENT OF FEES A fee proposal is to be submitted separately in a sealed envelope plainly labeled "Fee Proposal." The fee proposal will not be opened until the Consultant Selection Committee has evaluated the proposals. In conformance with the Brooks Act, the City will select the Consultant based on qualifications, and then negotiate a contract price based on available funding and a further breakdown of the lump sum cost submitted in the fee proposal. 6. PROFESSIONAL SERVICES AGREEMENT The City of Costa Mesa has a sample of the Professional Services Agreement, which is available at the City for your review. The RFP and the consultant's proposal will be attached to and become part of the executed agreement as exhibits. The City will not permit reduction in the City's "Scope of Consultant Services" without written approval. 6. INSURANCE REQUIREMENTS General Liability: $1,000,000 Automobile Liability: $1,000,000 Workers Compensation and Employers' Liability: $1,000,000 Professional Liability: $1,000,000 Additional and primary Insurance endorsements shall include City of Costa Mesa. 7. SCOPE OF CONSULTANT SERVICES PROJECT A. Project Analysis and Review, Meetings, and Cost Accounting Analyze the project, conduct field review and investigations, evaluate existing conditions, research existing City plans. and records, and meet with City staff to define the detailed project scope and objectives. Determine appropriate courses of action. Meet periodically with City staff during progress of design for appropriate guidance and coordination (assume three meetings). The Consultant shall prepare meeting minutes, which shall be submitted to the City for approval within two working days after the meeting. B. Topographical Survey (see Attachment E for sample plots) The Consultant shall plot the Topographical survey on 11" X 17" for each location at a horizontal scale of 1"=10' and vertical scale of V=T, using computer aided drafting and the field topographic survey data (Auto Cad 2010). Reference all elevations to the closest and latest Orange County Benchmark ((ICBM) which shall be identified and described on drawings; centerline bearings shall be referenced to a bearing of a latest recorded tract or parcel map nearest to the proposed site; provide stations based on and begun at nearest existing street intersection stations. It is estimated that 1300 locations of damaged curb & gutter, and 90 locations of cross gutter and spandrel will be surveyed. The attached sheets show the streets and limits. The exact locations for each street shall be provided at the Kick-off Meeting. The City reserves the right to change these locations at any time during the contract period. The Consultant shall provide the following information: Cross gutter & spandrel locations: The Consultant shall survey existing cross gutters and spandrels as per the attached list; obtain elevations at 10 foot -intervals at BCRs; ECRs, flow line, EG, EP, joints, cracks, low points, and any other necessary locations. The Consultant shall extend the survey of flow lines 50' minimum on each side of the spandrels Curb & gutter locations: The services required for this project consist of flow line elevations at 25 -foot intervals along the gutter for a total .of 150' for each location, top and bottom of x, and at the center line of driveways for each location. Plot existing street names, addresses, centerlines, property lines and rights -of way per record data. This information will be utilized to determine damaged sections of curb & gutter cross gutters and spandrels. ® The Consultant shall provide all necessary traffic control while performing field work per latest edition of the W.A.T.C.H. Manual. Note: All originals of plans, field notes, calculations, etc. will be turned over to the City upon completion of the design. A copy of all final documents with survey notes shall be supplied to the City on flash drive utilizing ACRD 2010 version. The City of Costa Mesa will be responsible for the following: A. Providing all available existing improvement plans, record maps, center line ties and any other records to assist consultant. B. Providing the list of cross gutters and street addresses locations for damaged areas. C. Reviewing submittal topography survey. 9. EXAMINATION OF SITE PRIOR TO SUBMITTING REQUEST FOR PROPOSAL Each Consultant must inform themselves fully of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve a successful consultant engineer of the obligations to carry out the provisions of this contract. 10. RIGHT TO REJECT ALL PROPOSALS A. The City of Costa Mesa reserves the right to reject any or all proposals submitted, and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. B. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will 'be bome by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the respondent. All proposals submitted to the City of Costa Mesa become the property of the City. KT Your participation is greatly appreciated by the City. It is the intent of this RFP to establish the minimum consultant services required by the City. To assist in your preparation, this RFP was categorized into sections stating the specific requirements of the City. All insurance documents must be submitted and approved prior to the award of contract 12 Case Land Surveying, Inc. PSA 11 Case LandSurveying,.Inc® Surveyingappittg * GPS Services Larry V Case, P.L.S. September 30, 2011 Maher Nawar City of Costa Mesa Public Services/Engineering 77 Fair Drive, 0 Floor Costa Mesa, CA 92628 RE: Topography Survey of Citywide Streets Dear Maher: License # L5411 We appreciated your working with. us over the past two weeks to more fully define your surveying criteria for this project. During this time, we have fine-tuned portions'of your initial survey proposal requests, and have trimmed the budget to get it within acceptable levels . We all agreed that the cross gutter/intersection portion of your request will be best served by utilizing field data -collection and drafting a plan view drawing per your detail "J" sample as provided in the initial package. However, based on our past years of experience on similar projects, we are positive we can save the City time and expense by adjusting the methodology of the flow line elevation survey (street topo) portion of the project. .After extensive meetings with my most experienced survey party chiefs, we propose to simply shoot the damaged sections of the curb and gutter by chaining the stations and shooting the elevations using a level and Lenker rod. As simple as this may sound, it is much more accurate in finding the optimum amount of fall in your problem flowline areas. The survey crew will shoot and analyze each location, locate the limits (joins) with white paint dots on curb face, analyze each driveway and always try to minimize the over-all removal area while "chasing -the - water" from point "A" to point' B". This data will be recorded on our grade sheets which we will send to the City. We have included a sample Grade Sheet based on your attachment "E" sample provided in your initial package. The information on these grade sheets will show the street address, station number, trees, approximate property lines, curb drains, existing top of curb, existing flowline, proposed flowline, identify driveways and joints and percent of slope. This Grade Sheet will clearly identify the relationship of each driveway lip to proposed flowline and show the difference 614 N. Eckfioffstreet Orange, CA 92868 (714)628-8948 faX (714)628-8905 E-maifaddress cfsi@casefandsuruey .com F Troposaf 9130/11 between existing flowline and proposed flowline which needs to be considered in relation to the existing asphalt street section. By performing the Grade Sheet method in the field, we will significantly reduce the office time involved and eliminate the need for a second trip to each problem area. Grade sheets will be electronically submitted to the City in Excel spreadsheet format. With the newly added phasing, the percentage of work to be completed has altered and by taking Phase 3 out of the equation and considering it an additive alternate, we would now submit 78% of the first two phases on December 12, 2011 and submit the remainder of the first two phases on January 16, 2012. The additive alternate work, if authorized by the City, would be 100% submitted on February 12, 2012. We firmly believe that our company is very well suited in assisting the City of Costa. Mesa in this Topography Survey. We look forward to working with you on this and many more projects. Thank you for the opportunity to fine tune our bid for this project. If you have any questions, or if I may be of assistance in some way, please call me. You can reach me on my cell phone at (562) 833-8094. 614 W. Bckfloff Street Orange, CA 92868 y 714628-8948 fa -r,(,,-14)628-8905 E-mail address: ctsi9caseCandsurveying. com Proposal 9/.30/11 DI i 13 Case Land Surveying, Inc. PSA 11 Case LandSurviying, Inc. Surveying * upping * GPS Services .Gamy V. Case, P.L.S. License # L5411 CITY OF iMESA PHASE 1 78% Submittal 38 Working Days STREET TOPO (FW) 780 Locations /24.7692 per day = 31.4907 days x $1800.00 x 3 crews = $170,050.00 (OW) Provide profile drawings only at locations with 100' or more of curb and gutter removal $ 5,100.00 CROSS GUTTEROTERSECTION TOPO (FW) 54 Locations / 6 per day = 9 days x $1800.00 x 1 crew = $ 16,200.00 (OW) 54 Locations x 2 hrs per drawing =108 hrs x $80.00 per hr = $ 8,640.00 PROJECT MANAGEMENT PHASE I Grade Sheets,'Calculations, Meetings, etc. $ 9,600.00 Provide electronic grade sheets in Excel spreadsheet $. 2;500.00 PHASE 1 TOTAL ...................... $212,090.00 PHASE 2 100% Submittal 23 Working Days STREET TOPO (FW) 220 Locations /26.40 per day = 8.3333 days x $1800.00 x 3 crews = $ 45,000.00 (OW) Provide profile drawings only at locations with 100' or more of curb and gutter removal $ 1,440.00 CROSS GUTTERIII URSECTION TOPO (FW) 36 Locations / 6 per day = 6 days x $1800.00 x 1 crew = $ 10,800.00 (OW) 36 locations x 2 hrs per drawing = 72 hrs x $80.00 per hr = $ 5,760.00 (Continued on page 2) 614 X. Eckfioff Street Orange, GA 92868 (714628-8948 fax(714)628-8905 E-mairaddress. crsi@casetandsurye) ng. com ('roposad 9/.30/11 PROJECT MANAGEMENT PHASE 2 Grade Sheets, Calculations, Meetings, etc. Provide electronic grade sheets in Excel spreadsheet CASE LAM) SURVEYING PROPOSAL Topography Survev. Cite of Costa Mesa Page 2 of-') $ 2,710.00 $ 700.00 PHASE 2 TOTAL ...................... $ 661,410.00 PHASE 1 AND PHASE 2 TOTAL........................................................... $278,500.00 ADDITIVE ALTERNATE (PHASE 3) 100% Submittal 20 Working Days STREET TOPO TW) 300 Locations /25.0852 per day =11.9593 days x $1800.00 x 3 crew = $ 64,580.00 (OW) Provide profile drawings only at locations with 100' or more of curb and gutter removal $ 1,960.00 PROJECT MANAGEMENT ADDITIVE ALTERNATE Grade Sheets, Calculations, Meetings, etc. $ 3,690.00 Provide electronic grade sheets in Excel spreadsheet $ 970.00 ADDITIVE ALTERNATE (PHASE 3) TOTAL..... .................. $ 71,200.00 Note: All workin days are calculated at 9 hours per day (8 hours field time and 1_ hour travel time per unigq reement) t 614 N. EckfioffStreet Orange, GA 92868 (714628-8948 far,(714628-8905 E -mad address. clsi@caseland LL eyingxom 'Proposal 9/.30/11 .111,6110 14 Case Land Surveying, Inc PSA 11 K -p csu o CD 1 0+ v� -o CD in " O v O Ch n C 0 �O C) 0 � O CL . 714 !D D ® 1 9 � ,mA o® i' ^r 0 pa O U) n i... 0 0 r m N a ..s CO I'm -4I I'm 1cp .A co N C> D o v O � Oo v O CD \ ? y CD \ �' y @ 0c w Q 90 0 cr � C 0 Cr � a .D 0 U) 3 m Q m m -, o 3 rn CD o m D 00 CD c� O Cz C:1. CD C�/ s CA � t/ N Gi (D C) G) N n G flO CD O 3 y .co S CL O C? O CD 0 O y ' n m m CD � O Cl)l'z3 CD cD > DN CD , � ®A.M a 0M. CD CD r. ' 4' Z < D S cD C), CO) CD N m W n.M a m I D ® C Co Co Z o o -� w w w oWD OD oWo c 00 G) a y CL A? a iU Ca iU im sv a w C1 w CL 0 D- Sv 4 N CL In C1 0? �► i W \ ,3 —1 \ i \s a W s W W OD CO j Cfl y m CA .a• O 0 0izs 0 0 o Q ® ® o Q o .x a N N N N Oy cv a 0 0 0s Q Q Q Q N O K -p csu o CD 1 0+ v� -o CD in " O v O Ch n C 0 �O C) 0 � O CL . 714 !D D ® 1 9 � ,mA o® i' ^r 0 pa O U) n i... 0 0 r m 15 Case Land Surveying, Inc. PSA 11 SUBJECT POLICY_ EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. MUM The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; 16 Case Land Surveying, Inc. PSA 11 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3 ...v4 AAuLllllg a l.,lur,-l-x� 1-lwm--Lit;,s rrogram to inrorm employees about: 1. The dangers of drug abuse in the workplace; . 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; d. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; f. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; 17 Case Land Surveying, Inc. PSA 11 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 3 of 3 g. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through I F, inclusive. 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph I above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through I G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of • any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law. 18 Case Land Surveying, Inc. PSA 12 K 19 Case Land Surveying, Inc, PSA 11 From:Case land surveying . 17146288905 _ inc09/28/2011 17;10 #081 P-002/002 1 -AQM . CERTIFICATE OF LIABILITY INSURANCE D-MNWOM , �OQUCER Dealey, Renton &Associates i1S CE7CA1E AS A MAI OF (NFQRHlglWrt 199 S Los Robles Ave Ste 540 ONLY AND •CONFERS NO RIGNM UPON THE CERT(F(CATE HOLDM Pasadena, CA 91101 ALTER TH VE AFBYE ORDER OMTELyy626 844-307,0 HBD ED iMSURERS AFFOPJ=G COVERAGE INSUR Case Land Surveying lNSURERArange. CA I d t Co of Connecticut 614 N. ECA .9 9285288 lrvsiRERa s gropert Casualt Co of kneri 714-628-8348 Rm>�II_S. S ecialt T surance Company >Nst>�tr. COVERAGES AH POLZCIBS OF Ili60Ti2ANC$ ISST� BSI.oFi HAVg 888D7 ISb'II80 TO TSS iNBURSD 8A1w Awn FOR TBS PALICY PSRZOD INDICATPD. INS A1QY Rel ?T'. T8Ri4 OR CCQff1ITICIl4 OF ANY CONTRACT OR OTBSEt Dp RES TO YTSICH I PICATB MAY ars 88 ISSMM OR MAY D -MM . T88 IS750RANCB AP80RD8O 8Y T8B POLIC289 D83CR28BD HBRHIN I9 BIIBa7BCT TO ALL TH8 88CLUIIIS ' i,m .CONDITZONG OP SUCH POLICIP,8. AGC;RSQATg L=TB 31l1Y SAYS �i RSDIICBfl BY s a CCAIMS. w" 7Y OFlANitIRApGE POLIC7fNUMBER P'OUCY•EFFECi7YE POUCY DQ+Rl1Y70N °E 6802051L319 6/1/20il 6/1/2412 EACHOCCURREN— airs 00 000 971t--� S IX I ooant Fm -- s1. U0n _ nnn FOR PROPOSAL, PURPOSES ONLY . CA . ,u ANY OF TSS ABOVE bffizm POLICpOjaC a TIM EXPIRATION DATE TMMW, T8$ MAIL 30 DAYS WRITTEN NOTICE To TSS TO TSE- I.En. W . "'""�,�•BA4107W724 6/1%2E111 G/1%2012 ANYAUTO �Ea LBW 31,000,000 rvtAuros _ 609MEDAUTOS SOOWYNAW HODAUT06 $ •MEOAUTOB ME $ PR�ER7YOAMA{ E aARABE MftnY {Pert>o�erd) $ AMYAUiO - AI WOWY,CAAOEmXxT S ankR7HAH EAACC S 8 CUP6450Y483 6/1/2D11 6/1/2012 AUi60NLY.- S EACHE % aax�R CL:A1hA9 MADE 34 000.000 A6CRFBAiE S �UCTI6LE ..000 ,000_ S REO3YRON S 3 8 ANp5276Y350 1/1/2011 11/2012 E:-q"SI 000 000 E7-IABEAM-Sk Et t.O *1100010-00 C � essional Liability SS1021950 6/20/2011 6f 20/2012 $l,o0o,60b Et DMME'POLECYLlwWr 3 00 0 $1;000,000 per claim Annual aqq;� C��BtAA7iiOHCM A19DEDBY kS BYIDP= OF COVERAGE PROMmm FOR PROPOSAL, PURPOSES ONLY . CA . ,u ANY OF TSS ABOVE bffizm POLICpOjaC a TIM EXPIRATION DATE TMMW, T8$ MAIL 30 DAYS WRITTEN NOTICE To TSS TO TSE- I.En. W ACOR A CERTIFICATE OF LIABILITY INSUMINCE DATE(MM/DD/1Y) PRODUCER Dealey, Renton & Associates 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 10 4 2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 626 844-3070 6/1/2012 EACH OCCURRENCE $1,000,000 INSURERS AFFORDING COVERAGE INSURED Case Land Surveying 614 N. Eckhoff _$10, PERSONAL & ADV INJURY $1,000,000 INSURERA: Travelers Indemnit Co. of Connecticut INSURERB:Travelers Property Casualty Co of Ameri INSURERC:U.S. Specialty Insurance Company Orange, CA 92868 INSURER D: 714-628-8948 INSURER E: cnvoo n r-oe ,000,000 PRODUCTS - COMP/OP AGG $ 2 000, 000 E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 6802051L319 6/1/2011 6/1/2012 EACH OCCURRENCE $1,000,000 FIRE DAMAGE Arty one fire) $1,000, 000 MED EXP (Any oneperson) 000 _$10, PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO. LOC . ,000,000 PRODUCTS - COMP/OP AGG $ 2 000, 000 B AUTOMOBILE X LIABILITY ANY AUTO BA4107N724 6/1/2011 6/1/2012 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS (PeerpBODILYon) INJURY $ HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Peracddent) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ "- OTHER THAN EA ACC '$ AUTO ONLY: AGG $ B EXCESS LIABILITY X OCCUR CLAIMS MADE CUP64SOY483 6/1/2011 6/1/2012 EACH OCCURRENCE $4, 000., 000 AGGREGATE $4 , 000 000 $ DEDUCTIBLE X RETENTION $0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB527GY350 1/1/2011 1/1/2012 X WCSfATU OTH E.L. EACH ACCIDENT $l'-.000' 000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.LDISEASE- POUCYLIMIT $] O 000 $1,000,000 per claim $1,000,000 Annual Aggr Lr OTHER Professional Liability USS1121950 6/20/2011 6/20/2012 DESCRIPTION OF OPERATIONSILOCA'nONSNEHICLESIE XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Topography Survey of Several Streets Citywide, Costa Mesa; (11 -COS -935) -- The City Of Costa Mesa, its directors, officials, officers, employees, agents and volunteers are named as additional insured as respects general liability for claims arising from the operations of the named insured as required per contract or agreement. f°`C0TIC11-ATC ue%i mmn City of Costa Mesa Public Services/Engineering 77 Fair Drive, 4th Floor Costa Mesa CA 92628 ACORD 25-S (7197) --�--� •�•-�v ,�etv J.vo>=Ice =or Non-Paymnt of pry D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED E THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER TO THE LEFT. AUTHORIZED 1988 POLICY NUMBER: 6802051L319 COMMERICAL GENERAL LIABILITY ISSUE DATE:10/4/2011 ENDORSEMENTTHIS POLICY. , EAD IT CAREFULLY. (ARCHITECTSI ENGINEERS AND - - SE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Costa Mesa Public Services/Engineering 77 Fair Drive, 4th Floor Costa Mesa CA 92628 PROJECT/LOCATION._OF. COVERED. OPERAT.IONS;. RE. Topography Survey of Several Streets Citywide, Costa Mesa; (11 -COS -935) -- The City of Costa Mesa, its directors, officials, officers, employees, agents and volunteers PROVISIONS A The following is added to WHO IS AN INSURED (Section 11): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products -completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section 1V): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown In the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 ©2007 The Travelers Companies, Inc. Page 1 Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But. this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also . an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown .in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition Js added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury",and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission