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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: June 12, 2001 

Subject/Title: Award Construction Contract for Brentwood Bikeway Project, CIP Project No.
336-3071

Submitted by: Engineering: J. Stevenson/M. Huber/S. Peiris

Approved by: Jon Elam, City Manager



RECOMMENDATION 
Authorize the City Manager to execute a contract with DSS Company in the amount of $84,894.00 for the construction of the Brentwood Bikeway Project, CIP Project No. 336-3071, and authorize the approval of contract change orders in the amount not to exceed 10% of the total contract.

PREVIOUS ACTION
On February 11, 1997, the City Council passed Resolution No. 97-24 approving the agreement with the State of California Department of Transportation to provide funds for the City of Brentwood Bikeway Project.

This project is part of the five year Capital Improvement Program.

BACKGROUND
The original grant submittal to obtain funding for the project dates back to 1992. The funds available for this work are part of the Clean Air and Transportation Act of 1990 (Proposition 116) and total $108,875. In order to utilize the available funds, a contract must be let by June 30, 2001.

The proposed project consists of widening the east side of Griffith Lane north of Dainty Avenue, signing and striping of Griffith Lane from Central Boulevard to McClarren Road and the installation of handicap ramps at the intersection of Dainty Avenue and Griffith Lane. Bike racks will be installed at the following locations:

McClarren Park – near playground
Pulte Park – near playground
Sunset Park – near ball field
Dainty Avenue/Central Boulevard Staging Area
Oak Street Park – near playground

Staff submitted a request for proposal to three contractors to bid on this work. Two of the contractors participated in the informal bidding process with DSS Company submitting the apparent low bid.

Attachments:
Contract
Site Map



CONTRACT DOCUMENTS FOR  BRENTWOOD BIKEWAY PROJECT PROJECT NO.: 336-3071


CONTRACT PROPOSAL

June 4, 2001


City of Brentwood
Public Works Department
150 City Park Way
Brentwood CA 94513

Attn: Carrol Elkins/Sam Peiris
Fax: (925)516-5421

Re: Griffith Lane Bid Proposal - Brentwood, California 

Dear Carrol/Sam:

The following is our proposal for the Griffith Lane Project, per the plans dated 5/11/01. We will need some additional information for the demolition bid item, as no information was provided for this work. We have not included any irrigation pipe/structure removal or installation in this proposal. 

We have added the installation of the (5) Bike Racks and the removal and replacement of (1) Storm Drain Inlet. Our bike rack proposal is based on installing American Bicycle Security Company’s BR-5 model on a 3’ X 5’ X 4” thick concrete slab over 4” AB. Our storm drain inlet proposal is based on removing the existing wood box structure and installing a new Type A concrete inlet at the existing 18” storm drain pipe stub. The depth of the inlet is not to exceed 6’.

Please contact me if you have any questions or need any additional information.


Sincerely,



Steve Dunn
DSS Company 






Griffith Lane
Brentwood, CA
City of Brentwood
June 4, 2001

DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
A. GRIFFITH LANE BID 
1. MOBILIZATION 1 LS 7,000.00 7,000.00
2. DEMOLITION 1 LS 1,700.00 1,700.00
3. TRAFFIC CONTROL 1 LS 5,000.00 5,000.00
4. REMOVE CURB & GUTTER 50 LF 17.00 850.00
5. REMOVE SIDEWALK/VALLEY GUTTER 400 SF 5.00 2,000.00
6. REMOVE STRIPING 1,000 LF 1.00 1,000.00
7. ADJUST MANHOLE TO GRADE 1 EA 550.00 550.00
8. INSTALL AC BERM 60 LF 12.00 720.00
9. AC SIDEWALK/HANDICAP RAMP 12 TN 130.00 1,560.00
10. 4' WIDE VALLEY GUTTER 90 SF 16.00 1,440.00
11. 14" AGGREGATE BASE 706 TN 33.00 23,298.00
12. 4" AC PAVING 202 TN 60.00 12,120.00
13. DETAIL 22 1,600 LF 1.35 2,160.00
14. DETAIL 27B 385 LF 0.75 288.75
15. DETAIL 29 155 LF 2.65 410.75
16. DETAIL 38 450 LF 1.10 495.00
17. DETAIL 39 2,220 LF 1.10 2,442.00
18. DETAIL 39A 800 LF 1.10 880.00
19. STOP LEGENDS 10 EA 110.00 1,100.00
20. TYPE 4 ARROWS 7 EA 45.00 315.00
21. BIKE LANE SYMBOL 5 EA 55.00 275.00
22. 12" CROSSWALKS 360 LF 1.65 594.00
23. INSTALL SIGNS 12 EA 165.00 1,980.00
24. PEDESTRIAN BARRICADE 2 EA 550.00 1,100.00
25. PAINTED RED CURB 105 LF 1.10 115.50
26. INSTALL BIKE RACKS 5 EA 2,200.00 11,000.00
27. REMOVE/REPLACE STORM INLET 1 EA 4,500.00 4,500.00
TOTAL GRIFFITH LANE BID 84,894.00


AGREEMENT

AGREEMENT

BRENTWOOD BIKEWAY PROJECT

PROJECT NO. 336-3071


THIS AGREEMENT FOR CONSTRUCTION is made and entered into this 12th day of June, 2001, by and between the City of Brentwood (herein called City) and DSS Company, a California corporation, located at 655 W. Clay Street, Stockton, CA 95206, herein called Contractor.


The City and the Contractor agree as follows:


(1) CONTRACT SUM: The City agrees to pay, and the Contractor agrees to accept, in full payment for constructing the Project in strict accordance with the Contract Documents and performing all other requirements of the Contract Documents, the sum of Eighty Four Thousand Eight Hundred and Ninety Four Dollars ($84,894.00) to be paid in accordance with the Contract Documents.


(2) COMPLIANCE WITH LAW: The City is a public agency. All provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor.


(3) CONTRACT DOCUMENTS: The following Contract Documents relating to this Agreement are hereby made a part of and incorporated by reference into this Agreement: The Notice Inviting Bids, Invitation to Bid, Information for Bidders, Contract Proposal, Faithful Performance Bond, Labor and Materials Payment Bond, Contractor’s Certificate Regarding Worker’s Compensation, Certificate of Insurance and Endorsement (Worker’s Compensation), Certificate of Insurance and Endorsement (General Liability), General Conditions, Special Provisions, Plans and Specifications, CalTrans Standard Plans and Specifications, City of Brentwood Standard Plans and Specifications, Plans, and supplemental agreements, certifications, and endorsements applicable to this work, with all modifications incorporated in said documents prior to receipt of the Contract Proposals. Any work called for in one Contract Document not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents.


Contractors are required by law to be licensed and regulated by the Contractor’s State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

This Agreement is executed by the City upon approval by the City Council at their regular scheduled meeting of June 12, 2001, and the Contractor has caused this Agreement to be duly executed.


CITY OF BRENTWOOD DSS COMPANY:


By: By: 
Jon Elam, City Manager (Authorized Representative of Contractor)

Dated: _________________, 2001 Printed Name: 


ATTEST: Title: 
(Attach Acknowledgment for Authorized
Representative of Contractor)
_____________________________
Karen Diaz, CMC
City Clerk Dated :____________________, 2001



APPROVED AS TO FORM:


______________________________
Dennis Beougher, City Attorney


(Attach Acknowledgment for Authorized Representatives of Contractor)



ATTACHMENT

ATTACHMENT


COMMENCEMENT OF WORK, PROGRESS, AND TIME FOR COMPLETION


The contractor shall begin work within ten (10) days after the date specified on the Notice to proceed and shall diligently prosecute the same to completion within the time set forth in these Contract Documents. Failure to diligently prosecute the work for more than 3 working days shall constitute a breach of contract.

Hours of work – overtime and holidays. The Contractor shall perform all work during the work hours of 7:00 a.m. to 3:30 p.m., Monday through Friday (unless otherwise noted below). If the Contractor wishes to work during any other hours, a written request for that work shall be submitted including agreement to pay for overtime inspection. Written permission must be received from the City Engineer prior to working. If the Contractor wishes to work during any other hours, a written request for that work shall be submitted including agreement to pay for overtime inspection from the Contractor. Written permission must be received from the City Engineer prior to working. The request must be received at least two (2) working days in advance of any work. No work will be allowed on City of Brentwood Holidays except in the case of an emergency. If Contractor requests overtime work in which the City will incur costs, the City will subtract the costs associated with the overtime testing and staking from the Contractor’s payment as a “deduct”. A listing of City of Brentwood holidays through our fiscal year 2001 is as follows:

July 4, 2001 Wednesday Independence Day
September 3, 2001 Monday Labor Day


WORKING DAYS

A working day is defined as stated in Section GC-8C above and in the CalTrans Standard Specifications.


TEMPORARY SUSPENSION OF WORK

The Engineer or his designee shall have the authority to suspend the work wholly or in part, for such a period as the Engineer may deem necessary, as defined in the CalTrans Standard Specifications.


FAITHFUL PERFORMANCE BOND 
FAITHFUL PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS: 

WHEREAS, the City of Brentwood, California (hereinafter referred to as “Owner”) and 
(hereinafter referred to as “Contractor”), have entered into a written contract for furnishing of all labor, materials, equipment, transportation and services for the construction of the _______________________________ (hereinafter referred to as the “Construction Contract”); and

WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond for the faithful performance of all terms and conditions of the Construction Contract;

NOW, THEREFORE, Contractor, as principal, and (hereinafter referred to as “Surety”), as surety, are held and firmly bound unto Owner in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made as provided in this Performance Bond.

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor timely performs each and every obligation under the Construction Contract, Surety and Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1.

3. Surety’s obligation under this Performance Bond shall arise after:

3.1 Owner has declared a Contractor Default and has notified Contractor and Surety at its address described in Paragraph 10 below that Owner has declared a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than seven days after receipt of such notice to discuss methods of performing the Construction Contract; and

3.2 Owner has agreed to pay the Balance of the Agreement Price, as calculated under the terms of the Construction Contract, to Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the Construction Contract with Owner.

4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety’s expense take one of the following actions:

4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract; or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or


4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by Owner and the contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Agreement Price, as calculated under the terms of the Construction Contract, incurred by Owner resulting from Contractor’s Default; or

4.4 Waive its right to perform and complete, arrange for completion, or obtain a new Contractor and with reasonable promptness under the circumstances:

.1 After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment thereof to Owner; or

.2 Deny liability in whole or in part and notify Owner citing specific reasons therefor.

5. If Surety does not proceed as provided in Paragraph 4 within twenty days from receipt of the notice described in paragraph 3.1 (whether or not a conference has been held pursuant to paragraph 3.1), or such longer period upon which Owner and Surety may agree in writing, Surety shall be deemed to be in default on this Bond. If the Surety proceeds as provided in Subparagraph 4.4, and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

6. After Owner has declared a Contractor Default, and if Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Construction Contract, and the responsibilities of Owner to Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Performance Bond, but subject to commitment by Owner of the Balance of the Agreement Price to mitigation of costs and damages on the Construction Contract, Surety is obligated without duplication for:

6.1 The responsibilities of Contractor for correction of defective work, materials and equipment and completion of the Construction Contract;

6.2 Additional legal, design professional, construction management and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and

6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of Contractor.

7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Construction Contract, and the Balance of the Agreement Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators or successors.

8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys’ fees, to be taxed as an item of costs.

10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address, or sent via telecopier to the facsimile number, shown on the signature page.

11. DEFINITIONS

11.1 Balance of the Agreement Price: The total amount payable by Owner to Contractor under the Construction Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Construction Contract.

11.2 Construction Contract: The agreement between the Owner and the Contractor identified on the first page of this bond, including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

CONTRACTOR, as principal SURETY


By: By: 
Its: Its: 
Address: Address:


FAX: FAX: 

Note: The above spaces shall be signed by Principal and Surety which shall be acknowledgment by an attached Notary Seal.


PAYMENT FOR
LABOR AND MATERIALS BOND 
PAYMENT FOR LABOR AND MATERIALS BOND

KNOW ALL PERSONS BY THESE PRESENTS: 

WHEREAS, the City of Brentwood, California (hereinafter referred to as “Owner”) and 
(hereinafter referred to as “Contractor”), have entered into a written contract for furnishing of all labor, materials, equipment, transportation and services for the construction of the ______________________________ (hereinafter referred to as the “Construction Contract”); and

WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond to secure payment for all work, labor, materials, equipment or services furnished in connection with the Construction Contract;

NOW, THEREFORE, Contractor, as principal, and (hereinafter referred to as “Surety”), as surety, are held and firmly bound unto Claimants, as defined herein, in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made as provided in this Payment Bond.

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner to pay for work, labor, materials, equipment, services, or other items furnished for use and actually used in the performance of the Construction Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies and holds Owner harmless from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for work, labor, materials, equipment, services or other items furnished for use in the performance of the Construction Contract, provided Owner has promptly notified Contractor and Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

4. Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described below) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Payment Bond and, with substantial accuracy, the amount of the claim.

4.2 Claimants who do not have a direct contract with the Contractor:

.1 Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, as required by and conforming with Civil Code Sections 3252 and 3091; and

.2 Not having been paid within 30 days of sending the required notice, have sent a written notice to Surety (at the address described below) and sent a copy to the Owner, stating that a claim is being made under this Payment Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. When the Claimant has satisfied the conditions of Paragraph 4, Surety shall promptly and at Surety’s expense take the following actions:

5.1 Send an answer to the Claimant, with a copy to Owner, within 20 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

5.2 Pay or arrange for payment of any undisputed amounts.

6. Surety’s total obligation shall not exceed the amount of this Payment Bond, and the amount of this Payment Bond shall be credited for any payments made in good faith by Surety.

7. Amounts owed by Owner to Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under the Performance Bond. By Contractor furnishing and Owner accepting this Payment Bond, they agree that all funds earned by Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work or the satisfaction of Owner’s claims, including liquidated damages, under the Construction Contract.

8. Surety shall not be liable to Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. Owner shall not be liable for payment of any costs or expenses of any Claimants under this Payment Bond, and shall have under this Payment Bond no obligation to make payments to, give notices on behalf of, or otherwise have any obligation to Claimants under this Payment Bond.

9. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys’ fees, to be taxed as costs.

11. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the signature page. 

12. This Payment Bond has been furnished to comply with Civil Code Sections 3247 through 3252. Any provision in this Payment Bond conflicting with those statutory requirements shall be deemed deleted and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Payment Bond shall be construed as a statutory bond and not as a common law bond.

13. Upon request by any person or entity appearing to be a potential beneficiary of this Payment Bond, the Contractor shall promptly furnish a copy of this Payment Bond or shall permit a copy to be made.

14. DEFINITIONS

14.1 Claimant: An individual or entity identified in California Civil Code Sections 3181 or 3248.

14.2 Construction Contract: The agreement between Owner and Contractor identified above, including all Contract Documents and changes thereto.


CONTRACTOR, as principal SURETY

By: By: 
Its: Its: 
Address: Address:

Note: The above spaces shall be signed by Principal and Surety which shall be acknowledgment by an attached Notary Seal.


CERTIFICATE OF
INSURANCE AND ENDORSEMENT
(WORKERS’ COMPENSATION)

CERTIFICATE OF INSURANCE AND ENDORSEMENT
WORKERS’ COMPENSATION

Contract with the City of Brentwood, 150 City Park Way, Brentwood, California 94513, for the construction of:

BRENTWOOD BIKEWAY PROJECT
PROJECT NO. 336-3071

THIS IS TO CERTIFY that the company named below has issued the worker’s compensation and employer’s liability policies listed below to the named insured, and they are in force at this time with the expiration date(s) as stated below. The Company will give at least sixty (60) days written notice by registered mail to the City prior to any material change or cancellation of said policies. The policies are so endorsed.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Statutory Limits Under
the Laws of the State of
California


Notice: No substitution or revision to the above certificate will be accepted. To be acceptable, insurers must be authorized to do business, and have an agent for service of process in California and have an “A” policy holder’s rating and a financial rating of at least class VII in accordance with the most current Best’s Ratings.


CONTRACTORS’ CERTIFICATE
REGARDING
WORKERS’ COMPENSATION

CONTRACTOR'S CERTIFICATE
REGARDING WORKER'S COMPENSATION


Contract with the CITY OF BRENTWOOD, 150 City Park Way, Brentwood, California 94513, for the construction of:

BRENTWOOD BIKEWAY PROJECT
PROJECT NO. 336-3071

Labor Code Section 3700:

"Every employer, except the State, and all political subdivisions or institutions thereof, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers, duly authorized to write compensation insurance in this State.

(b) By securing from the Director of Industrial Relations a certificate on consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to employees."

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance. In accordance with the provisions of that code, I will comply with such provisions before commencing the performance of the work of this contract.


Dated: , 2001
(Contractor)

By___________________________________ 


_____________________________________
(Official Title)


(SEAL)


(Labor Code Section 1861, provides that the above certificate must be signed and filed by the Contractor, with the City prior to performing any work under this contract.)

CERTIFICATE OF
INSURANCE AND ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY 
CERTIFICATE OF INSURANCE AND ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY

Contract with the CITY OF BRENTWOOD, 150 City Park Way, Brentwood, California 94513, for the construction of:

BRENTWOOD BIKEWAY PROJECT
PROJECT NO. 336-3071

THIS IS TO CERTIFY that (the “Company”) 
(Name of Insurance Company)

has issued the policies listed below in conformance with the limits and requirements of said contract, and are in force at this time with expiration date(s) as stated below.

POLICY EXPIRATION LIMITS OF LIABILITY
NUMBER DATE EACH OCCURRENCE AGGREGATE

Bodily Injury $1,000,000 $2,000,000

Property Damage $1,000,000 $2,000,000

Bodily Injury and
Property Damage $1,000,000 $2,000,000
Combined

Personal Injury $1,000,000 $2,000,000

Bodily Injury $1,000,000 $2,000,000
(Each Personal)

Bodily Injury $1,000,000 $2,000,000
(Each Occurrence)

The following types of coverage are included in said policies (indicate by 'X' in space):

(a) GENERAL LIABILITY:
Comprehensive Form Yes No_ 
Premises-Operations Yes No_ 
Explosion and Collapse Hazard Yes No_ 
Underground Hazard Yes No_ 
Products/Completed Operations Hazard Yes No_ 
Contractual Insurance Yes No_ 
Broad Form Property Damage Yes No_ 
Independent Contractors Yes No_ 
Personal Injury Yes No_ 
(b) AUTOMOBILE:
Comprehensive Form Yes No_ 
Owned Yes No_ 
Hired Yes No_ 
Non-Owned Yes No_ 
Attach original copy of policy to this certificate.
ENDORSEMENT

1. The City of Brentwood, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. 

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Brentwood, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by its officers, officials, employees, and volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Brentwood.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

This endorsement does not increase the Company's total limits of liability.


Insurance Company Insurance Company


Street Number Street Number


City and State City and State

Insurance Company Agent for By: 
service of process in California (Authorized Representative)



Name Date


Street Number Agency


City and State Street Number


Telephone Number City and State


Telephone Number

Notice: No substitution or revision to the above certificate will be accepted. To be acceptable, insurers must be authorized to do business in California, have an agent for service of process in California and have an "A" policyholder's rating and a financial rating of at least Class VII, in accordance with the most current Best's Ratings.

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