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HomeMy WebLinkAboutAgr 2010-06-09 (Republic [Electric] ITS)TOWN OF TIBURON TIBURON, CALIFORNIA OWNER-CONTRACTOR AGREEMENT FOR THE TIBURON LICENSE PLATE READER SYSTEM INSTALLATION THIS OWNER-CONTRACTOR AGREEMENT ("AGREEMENT") is made and entered into this day of 2010, by and between th TOWN OF TIBURON, municipal corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner") and ("Contractor"), whose principal place of business is ~dl ( In consideration of the mutual covenants and agreements set forth herein, Contractor and Owner hereby agree as follows: ARTICLE I CONSTRUCTION Subject to and in accordance with the terms of this Agreement, the Contractor shall do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete, in accordance with the Contract Documents (as hereinafter defined) in a good, workmanlike and substantial manner and to the satisfaction of the Owner, the Tiburon License Plate Reader System Installation ("Project") located in Tiburon, California more particularly depicted on Exhibit A ("the Site"). The Project is that described and reasonably inferable from the drawings and specifications and documents enumerated in Exhibit B, such construction and furnishing of labor, services, materials and equipment and the performance of Contractor's other services and obligations required by the Contract Documents are hereinafter referred to as the "Work." The term "Contract Documents" shall mean this Agreement, and all of the items enumerated in Exhibit B. ARTICLE II PAYMENT See Section 5-1.9 of the Special Provisions of Contract Documents. Total compensation for the Work shall not exceed $ 35, qS0 without prior written authorization from the Owner. ARTICLE III TIME FOR PERFORMANCE Section 3.1 Time of Completion: See Section 8-1.06 of the Standard Specifications and Section 4 of the Contract Documents Section 3.2 Liquidated Damages: Contractor will pay liquated damages as set forth Section 8-1.07 of the Standard Specifications and Section 4 of the Special Provisions. -0 The Parties acknowledge that time is of the essence in this Agreement and wish to avoid the cost, difficulty and delay of proving the damages caused by delay. Accordingly, the Parties agree that the Contractor shall pay to the Town the sum of $750 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed in Section 3.1 hereof. OWNER 4- L&\kln 0_~ corn CTOR eS A . LC aq i1PX ARTICLE N PREVAILING WAGES The general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement is that ascertained by the Director of the Department of Industrial Relations of the State of California, copies of which ("Prevailing Rate Schedules") are on file in the Owner's principal office. The Prevailing Rate Schedules shall be made available to any interested party upon request. The holidays upon which rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification ortype of workman employed on the Project. Attention is directed to Section 7-1.01 A(2) of the Standard Specifications. Contract shall forfeit, as a penalty as set forth in California Labor Code § 1775, twenty-five dollars ($25.00) for each calendar day or portion thereof, for each workman paid less than the prevailing rates set forth in the Prevailing Rates Schedules for any work done by any subcontractor under Contractor. ARTICLE V NON-DISCRIMINATION The Contractor hereby agrees to comply with the provisions contained in Section 5-1.1 of the Contract Documents. ARTICLE VI WORKER'S COMPENSATION INSURANCE By my signature hereunder, as Contractor, I certify that 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, and I will comply with such provisions before commencing the performance of the Work of this Agreement. ARTICLE VII CONFLICT In the event of conflict between the terms of this Agreement and the bid or proposal of said Contractor, then, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the proposal conflicting herewith. ARTICLE VIII EXHIBITS This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A The Site Exhibit B The Contract Documents that comprise the terms of this Agreement Exhibit C Contract Prices IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the day and year first hereinabove written. APPROVED AS TO FORM: By Town Attorney TOWN OF TIBURON By l t kl Tow anager CONTRACTOR: B A" 1)" 1 Contractor's License No. Expiration Date: EXHIBIT A The Site The public and private rights-of-way located in the Town of Tiburon, California and known as: • PROJECT SITE 1 - Tiburon Blvd between Blackfield Drive and Bay Vista • PROJECT SITE 2 - Paradise Drive between Ranch Road and Robin Drive 4 EXHIBIT B Contract Documents • Project Plans • Standard Specifications • Standard Plans • Special Provisions • Proposal and Contract • Contract bonds(Payment Bond and Performance Bond) • Any supplemental agreement amending or extending the work • Any working drawings, sketches, or instruction clarifying or enlarging upon the work specified • Pertinent portions of any other documents included by reference in the specifications, Standard Specifications or Plans 5 Bond Executed in Duplicate TOWN OF TIBURON PERFORMANCE BOND Premium: $532.00 (To Accompany Contract) Bond No. 82196989 WHEREAS, the Town of Tiburon, acting by and through the Department of Public Works, has awarded to Contractor * * , hereafter designated as the "Contractor", a contract for the work described as follows: Re: Tiburon License Plate Reader System Installation AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract, guaranteeing the faithful performance thereof: NOW, THEREFORE, we the undersigned Contractor and Surety are held firmly bound to the Town of Tiburon in the sum of $ Thirty five thousand four hundred fifty & 00/100-dollars 35,450.00 to be paid to said Town or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bound Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless the Town of Tiburon, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue. The Performance Bond shall remain in force for a period of one (1) year after the recordation of the Notice of Completion. IN WITNESS WHEREOF, We have hereunto set our hands and seals on this 1st day of June 2010 Correspondence or claims relating to this bond should be sent to the surety at the following address: **Republic Intelligent Transportation ices, Inc. 15 Mountain View Road Warren, NJ 07059 Contrktor Federal Insurance Company Nam of Surety (SEAL) By. Attorney-ill-Fact , Kelly Holtemann NOTE: Signatures of those executing for the surety must be properly acknowledged. CERTIFICATE OF ACKNOWLEDGEMENT State of California, Town of Tiburon On this day of in the year 20 - before me **SEE ATTACHED** a notary public in and for the Town of Tiburon, personally appeared , known to me to be the person whose Attorney-in-fact name is subscribed to this instrument and known to me to be the attorney-in-fact of and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in-fact. (SEAL) Notary Public 8 ACKNOWLEDGMENT State of California County of ____Marin On June 1st, 2010 before J. DeLuca. _Notary _ Public (insert name and title of the off=icer) personally appeared Kelly Holtemann who proved to me on the basis of satisfactory evidence to be the person(s) whose name(S4 is/a% subscribed to the within instrument and acknowledged to me that Amishe/" executed the same in -h 9ftr/t*eir authorized capacity(4ee~ and that by #ie/her/tie signature(a~ on the instrument the person(*, or the entity upon behalf of which the person(4) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J. DELUCA > COMM. #1815054 1 Rk NOTARY PUBLIC-CALIFORNIA 0 MARIN COUNTY _ My Comm. Expires October 24, 2012 ~ ~ ~ _ ~ o Signature (Seal) ' Bond Executed in Duplicate TOWN OF TIBURON . PAYMENT BOND (Section 3247, Civil Code) Bond No: 82196989 Premium: Included WHEREAS, The Town of Tiburon, acting by and through the Public Works Department, hereafter referred to as "Obligee", has awarded to Contractor * * , hereafter designated as the "Principal", a contract for the work described as follows: Re: Tiburon License Plate Reader System Installation AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, material, men and other persons as provided by law. NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in,the sum of Thirty five thousand four hundred fifty & 00/100-- for which payment, we bind ourselves, jointly and severally. ) dollars 35,450.00 THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney's fee to fixed by the court. This bond shall insure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. The Payment Bond shall not be less than 100 percent of the contract price and shall remain in force until 35 days after the date of recordation of the Notice of Completion. Dated: June 1st ZO 10 **Republic Intelligent Transportation Correspondence or claims relating to this bond should be sent to the surety at the following address: 15 Mountain View Road Warren, NJ 07059 Se is Inc. A) Lai • /ZG~ Princip JJ Federal Insurance Company Sure (SEAL) By Attorney-in-Fact, Kelly Holtemann NOTE: Signatures of those executing for the surety must be properly acknowledged. State of California Town / County of CERTIFICATE OF ACKNOWLEDGEMENT **SEE ATTACHED** SS On this day of in the year 20 _ before me , personally appeared ; personally known to Attorney-in-fact me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in-fact. (SEAL) Notary Public 6 ACKNOWLEDGMENT State of California County of __Marin On June 1st, 2010 _ before me, J. DeLuca. Notary _ Public (insert name and title of the officer) personally appeared Kelly Holtemann who proved to me on the basis of satisfactory evidence to be the person(s) whose name(64 is/,aye subscribed to the within instrument and acknowledged to me that-4"e/she/~ executed the same in ihtWher/tf,efr authorized capacity(4ee~ and that by 4iie/her/9v-* signature(e~ on the instrument the person(*, or the entity upon behalf of which the person(.&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature (Seal) J. DELUCA D aw COMM. #1815054 NOTARY PUBUGCALIFORMA O MARIN COUNTY \ Comm, E)pires October 24.2012 Chubb POWER Federal Insurance Company Attn: Surety uepariment OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 c~-*ivBe Know All by These Presents, That FEDERAL INSURANCE COMPANY,, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Nerissa S. Bartolome, Lawrence J. Coyne, Joan DeLuca, Roger C. Dickinson, Rosemarie Guanill, Nancy L. Hamilton, Kelly Holtemann, Thomas E. Hughes, Stanley D. Loar, Mark M. Munekawa, Bruce G. Okrepkie, Yvonne Roncagliolo and Charles R. Shoemaker of San Francisco, California----------------------------------------------------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business. and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 7th day of January, 2010 enne h C. Wendel, % ssisiant Secretary Id B. Norris. Jr., Vice Pr nt STATE OF NEW JERSEY . County of Somerset ss On this 7th day of January, 2010 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies'. and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is In the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of sald By- Laws and in deponent's presence, NotariaIS" STEMEN B. BRADT Notary Public, Stift of New ()VARY No. 2321007 im" ---«rG G EVkft Oct. 2b, 2014 PU BL~ Notary Public y J CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shell be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers`. Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this ~,~,utu/v ~vw ~`~gtlrWyoFl, r O~ ~~~►►~4t6 ~ O~e • t f I t + 4 ~OIAN~' , ~f>r Y June 1st, 2010 Kenneth C. Well". Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 - e-mall: surety@chubb.com Form 15-10- 02258- U (Ed. 5- 03) CONSENT ACORDTM CERTIFICATE OF LIABILITY INSURANCE °05/28/2o o' PRODUCER Woodruff-Sawyer & Co. 88 Rowland Way, Suite 180 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. Novato, CA 94945 (415) 878-2460 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Everest National Insurance Company 10120 rtation Services, Inc. (dba) Republic 11S Republic Intelligent TraMoo 37f Bel Marin Ke s Blvd INSURER B: Old Republic General Insurance Corporatio n 24139 y Novato CA 94949-5699 INSURER C: , INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' INSIR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM DD POLICY EXPIRATION DATE (MMIDD/YYI LIMITS B X GENERAL LIABILITY A 1 CG49560903 10/01/2009 10/01/2010 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY _ DAMAGE TO RENTED PREMISES Ea occurence $ 300,000 CLAIMS MADE F x] OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 RO- LOC POLICY X P JECT AUT OMOBILE LIABILITY AICA49560903 10/01/2009 10/01/2010 COMBINED SINGLE LIMIT B X X accident) (E $ 1 000 000 ANY AUTO a , , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 A X X OCCUR ❑ CLAIMS MADE 71C7000221091 10/01/2009 10/01/2010 AGGREGATE $ 5,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND A 1 C W49560904 10/01/2009 10/01/2010 WC STATU- OTH- TORY LIMITS I ER B EMPLOYERS' LIABILITY _ 1 000 000 ANY PROPRIETOR/PARTNER/EXE TI E.L. EACH ACCIDENT E , , $ VE CU OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1 000 000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT , , $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS License Plate Reader System Installation. The Town of Tiburon, its officials, employees, agents and contractors and the Towns engineer are named additional insured per forms CG 20 10 11185, CA EN GN 0020 09 06 attached. Excess Liability is Follow Form. Coverage is primary & non-contributory per forms CG EN GN 0029 09 06, CG EN GN 0029 09 06 attached. A Waiver of Subrogation applies per forms CG 24 04 10 93, WC 99 03 15 09 06, CA EN GN 0021 09 06 attached. L,tK I IrII:AIt: HULUtK (;AN(;tLLA I IUN 10 Uay Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Town of Tiburon DATE THEREOF, THE ISSUING INSURER WILL &&MIKIN MAIL 30 DAYS WRITTEN 1505 Tiburon Blvd NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT)WX1XX")00"* Tiburon, CA 94920,~y,{~,~,Xr}{c}{yXc? LOAN AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ID © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY NUMBER: AICG49560903 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Republic Intelligent Transportation Services, Inc. (dba) Republic ITS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such is afforded by this policy, but with respects to (1) occurrence taking place after such written contract has been executed and (2) occurrences resulting from work preformed by you during the policy period. Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only as respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named Insured and only if required of the Named Insured by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Name: Town of Tiburon Address: 1505 Tiburon Blvd Tiburon, CA 94920 License Plate Reader System Installation. The Town of Tiburon, its officials, employees, agents and contractors and the Towns engineer are named additional insured per forms CG 20 10 11185, CA EN GN 0020 09 06 attached. Excess Liability is Follow Form. Coverage is primary & non-contributory per forms CG EN GN 0029 09 06, CG EN GN 0029 09 06 attached. A Waiver of Subrogation applies per forms CG 24 04 10 93, WC 99 03 15 09 06, CA EN GN 0021 09 06 attached. CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984 OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL INSURANCE INHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section If - Liability Coverage, A. - Coverage, 1. Who Is An Insured: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which required you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lessor of: 1. The coverage or limits of this policy, or 2. The coverage or limits required by said contract or agreement. Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 License Plate Reader System Installation. The Town of Tiburon, its officials, employees, agents and contractors and the Towns engineer are named additional insured per forms CG 20 10 11185, CA EN GN 0020 09 06 attached. Excess Liability is Follow Form. Coverage is primary & non-contributory per forms rr-, FN rr\l nn')o no nA r'r_ Fnl r,Ki nn-)o no nr, attarhorl 4 %Alai%ior r%f Ci ihrnnatinn annlinc nor fnrmc r(-- ')L Named insured Republic Intelligent Transportation Services, Inc. (dba) Republic ITS Policy Number AlCA49560903 Endorsement No. ( Policy Period i 1 to 1! !1 2010 Endorsement Effective Date: 10/01/2009 j Producer's Name: I F 4 Producer Number: E AUTHORIZED REPRESENTATIVE CA EN GN 0020 09 06 05/28/2010 DATE OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDMENT OF OTHER INSURANCE THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, B. - General Conditions, 5. - Other Insurance, a. Is replaced by the following: a. For any covered "auto" you own, this Coverage Form provides primary insurance, However, if there is other collectible insurance, the insurance provided by this Coverage Form with respect to such covered auto, is excess over such other collectible insurance- For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; (2) Primary while it is connected to a covered "auto" you own However, if there is other collectible insurance with respect to such "trailer," the insurance provided by this Coverage Form is excess over such other collectible insurance. Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 License Plate Reader System Installation. The Town of Tiburon, its officials, employees, agents and contractors and the Towns engineer are named additional insured per forms CG 20 10 11185, CA EN GN 0020 09 06 attarhPri Fxracc I iahility is Fnllnw Fnrm rnuPranP is nrimarv fL nnn-rnntrihi itnrv nPr fnrmc r(; FN r;N nn,)4 n4 Named Insured Republic Intelligent Transportation Services, Inc. (dba) Republic ITS Policy Number AlCA49560903 Endorsement No. Policy Period 10/01/2009 to 1 Endorsement Effective Date: 1 10/01/2010 10/01/2009 Producer's Name: Woodruff-Sawyer & Co. 88 Rowland Way, Suite 180 Novato, CA 94945 Producer Number. AUTHORIZEko E NTATIVE 05/28/2010 DATE CA EN GN 0019 09 06 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations Town of Tiburon License Plate Reader System Installation. The Town of Tiburon, its 1505 Tiburon Blvd officials, employees, agents and contractors and the Towns engineer Tiburon CA 94920 are named additional insured per forms CG 20 10 11185, CA EN Gl\ , 0020 09 06 attached. Excess Liability is Follow Form. Coverage is As required by written contract: primary & non-contributory per forms CG EN GN 0029 09 06, CG EN GN 0029 09 06 attached. A Waiver of Subrogation applies per Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV - Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Republic Intelligent Transportation Services, Inc. (dba) Republic ITS Policy Number AICG49560903 Endorsement No. Policy Period 10/01/2009 to 10/01/2010 Endorsement Effective Date: Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE 05/28/2010 DATE CG EN GN 0029 09 06 NAMED INSURED: Republic Intelligent Transportation Services, Inc. (dba) Rep POLICY NUMBER: AICG49560903 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. License Plate Reader System Installation. The Town of Tiburon, its officials, employees, agents and contractors and the Towns engineer are named additional insured per forms CG 20 10 11185, CA EN GN 0020 09 06 attached. Excess Liability is Follow Form. Coverage is primary & non-contributory per forms CG EN GN 0029 09 06, CG EN GN 0029 09 06 attached. A Waiver of Subrogation applies per forms CG 24 04 10 93, WC 99 03 15 09 06, CA EN GN 0021 09 06 attached. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1 The "accident" or "loss" is due to operations undertaken in accordance with a Written contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss." No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights of lien to be reimbursed for any recovery funds obtained by any injured employee. Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 License Plate Reader System Installation. The Town of Tiburon, its officials, employees, agents and contractors and the Towns engineer are named additional insured per forms CG 20 10 11185, CA EN GN j Named Insured Republic Intelligent Transportation Services, Inc. (dba) Republic ITS Policy Number AlCA49560903 Endorsement No. Policy Period s ! to ' Endorsement Effective Date: 1 10/01 /2009 Producer's Name: Producer Number: AUTHORIZED REPRESENTATIVE 05/28/2010 DATE CA EN GN 0021 09 C6 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00 Named Insured Republic Intelligent Transportation Services, Inc. (dba) Republic ITS Policy Number AICW49560904 Endorsement No. Policy Period 10/01/2009 to 10/01/2010 Endorsement Effective Date: Producer's Name: Producer Number: License Plate Reader System Installation. The Town of Tiburon, its officials, employees, agents and contractors and the Towns engineer are named additional insured per forms CG 20 10 11185, CA EN GN 0020 09 06 attached. Excess Liability is Follow Form. Coverage is primary & non-contributory per forms CG EN GN 0029 09 06, CG EN GN 0029 09 06 attached. A Waiver of C7711rnROtlnn inn ar fnrmc r(: 7a nd If) 02 NAW QQ ()2 1 S M n(. CA FN (NT nm 1 nQ n(. attorhAr) 000*0 05/28/2010 AUTHORIZED REPRESE DATE WC 99 03 15 (09/06)