September 28, 2017 REQUEST FOR PROPOSAL (RFP) 2017-038-RFP-ENG 3W Pump Station / Secondary Bypass / MIPS Replacement Preliminary Design VALLEJO FLOOD & WASTEWATER DISTRICT 450 RYDER STREET VALLEJO, CA 94590 Proposals Due November 9, 2017 at 2:00 PM Preliminary Meeting for all Consultants October 9, 2017 at 1:00 PM Page 1 of 33
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September 28, 2017
REQUEST FOR PROPOSAL (RFP)
2017-038-RFP-ENG
3W Pump Station / Secondary Bypass / MIPS Replacement
Preliminary Design
VALLEJO FLOOD & WASTEWATER DISTRICT
450 RYDER STREET
VALLEJO, CA 94590
Proposals Due
November 9, 2017 at 2:00 PM
Preliminary Meeting for all Consultants
October 9, 2017 at 1:00 PM
Page 1 of 33
1. INTRODUCTION
Vallejo Flood & Wastewater District (Vallejo Wastewater) is seeking proposals to provide professional engineering design services to investigate alternatives and complete a preliminary design report for wastewater treatment plant improvements. See Section 7 -
Background Information of this request for existing conditions and desired project outcome. To provide additional background information Vallejo Wastewater Staff will be hosting
a preliminary project meeting for all interested consultants on October 9, 2017 at 1:00
PM at 450 Ryder Street in Vallejo, CA. (Due to space limitations it is appreciated if
interested firms limit their attendance to two individuals per firm. Firms remaining
interested following the October 9th meeting will have another opportunity to schedule
a follow-up meeting with Vallejo Wastewater staff to discuss the project in further
detail.)
This is a request for engineering consulting firms to submit written proposals, including scope and cost of services, for a preliminary design Task Order to evaluate project alternatives and determine the project scope, phasing and costs in a Preliminary Design Report (PDR). Following completion of the PDR, Vallejo Wastewater intends to move forward with a final design Task Order for the project [or portion(s)/phase(s) thereof].
Vallejo Wastewater staff will evaluate the proposals and may interview short-listed firm(s). One consultant will be selected.
Task Order #1 will include the first phase of the design which is a PDR. The PDR will consider project alternatives, define the improvements, estimate project costs for budgeting purposes, and determine project phasing based on the selected project and available construction budget. The deliverable for Task Order #1 will be a PDR recommending the scope of the project based on the evaluation of alternatives, determine phasing of the project, and estimate project costs. The PDR effort in Task Order #1 is the only work to be scoped and costed in response to this Request for Proposals.
2. SCHEDULE OF ACTIVITIES:
RFP release: September 28, 2017 Preliminary Meeting: October 9, 2017 @ 1:00 PM
Meeting with Vallejo Wastewater Staff: As scheduled in advance
Inquiry Deadline: Proposals Due: Review Completed: Interviews (if necessary): Award PDR Task Order: Preliminary Design: Final Design: Bid Advertise:Construction:
November 2, 2017 @ 2:00 PM November 9, 2017 @ 2:00 PM November 22, 2017 December 2017 January 9, 2018 January 10 – June 30, 2018 July 1 – December 31, 2018 January 2019March 2019 - June 2020
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3. PRE-SUBMITTAL INQUIRIES AND POINT OF CONTACT:
A. Pre-Submittal technical inquiries shall be directed to Kyle Broughton [email protected], or (707) 651-7139.
B. Inquiries that result in an addendum to the RFP, will be emailed to each plan holder witha link to the addendum on our website. Consultants must include in their proposal, anacknowledgement of receipt of any and all addenda issued.
4. PROPOSAL SUBMISSION GUIDELINES:
A. Consultants shall submit five (6) paper copies and one (1) electronic copy (on a CD inPDF format) of their proposal. The proposal must be formatted in accordance with theinstructions of this RFP. Proposals must be enclosed in a sealed envelope or package,clearly marked: “2017-038-RFP-ENG- 3W Pump Station/Secondary Bypass/MIPSReplacement Project” and delivered to the District, Attn: Holly Charlety, at 450 RyderStreet, Vallejo, CA 94590.
B. Proposals received after the date and time specified shall not be considered. Facsimile,telephone, electronically transmitted, or verbal proposals will not be accepted.
C. Proposers are expected to examine all instructions included in this RFP. Failure to doso will be at the proposer’s risk.
D. All proposals shall be dated and signed by a representative authorized to enter intoagreements for the proposing consultant.
E. Expenses incurred in preparation of the proposal, site visits, or any other actions relatedto responding to this RFP shall be the responsibility of the consultant.
F. Upon Submittal to the District, all proposals, response inquiries, or correspondence
relating to or in reference to this RFP shall become the property of the District and is
subject to the Public Records Act.
a. Unless otherwise compelled by a court order the District will not disclose any
proposal while the District conducts its deliberative process in accordance with
the procedures identified in this RFP. However, after the District either awards
an agreement to a consultant, or the District rejects all proposals, the District
shall consider each proposal subject to the public disclosure requirements of the
California Public Records Act (California Government Code sections 6250, et
seq.), unless there is a legal exception to public disclosure.
b. If a consultant believes that any portion of its proposal is subject to a legal
exception to public disclosure, the consultant shall:
i. Clearly mark the relevant portions of its proposal “Confidential’; and
ii. Upon request from the District, identify the legal basis for exception from
disclosure under the Public Records Act; and
iii. Shall defend, indemnify, and hold harmless the District regarding any
claim by any third party for the public disclosure of the “Confidential”
A. A proposal that is in the possession of the District shall only be altered by letter or emailaddressed to [email protected] , bearing the signature of the consultant’s
authorized representative, provided it is received prior to the RFP submission deadline.B. A proposal that is in the possession of the District may be withdrawn by the proposer up
to the time of the deadline for submission of proposals.
6. AWARD AND AGREEMENT INFORMATION:
A. The District hereby notifies all proposers that it will affirmatively ensure that minoritybusiness enterprises will be afforded full opportunity to submit proposals in response tothis invitation, and that no proposer shall be discriminated against on the grounds of age,race, color, sex, religion, creek, national origin, marital status, political affiliation, ordisability.
B. The consultant agrees that should it be awarded an agreement, the consultant shall notdiscriminate against any person who performs work thereunder because of age, race,color, sex, religion, creed, national origin, marital status, political affiliation, or disability.
C. The District reserves the right to reject any or all proposals and to waive anyirregularities if deemed in the best interest of the District to do so. The District will selectthe consultant that is determined by the District to be the most qualified. The District willbe the sole judge in making such a determination.
D. The successful consultant will be required to enter into and sign an agreement with theDistrict which will be in effect for the duration of the agreement period. A sampleagreement is attached to this RFP as Attachment C.
E. Vallejo Wastewater will evaluate and review the proposals, conduct interviews (ifnecessary) and the top-ranked consultant team will be contacted to begin negotiations.The project fee proposal envelope will be opened by the District to determine the level ofeffort and cost identified for each task. If negotiations with the top-ranked consultant arenot successful, the second-ranked consultant team will be invited to enter intonegotiations for the contract, and so on. After award of the Task Order, the consultantwill be notified and required to execute a Task Order to complete the work.
7. BACKGROUND INFORMATION:
Existing Condition:
Vallejo Wastewater’s treatment plant treats approximately 12 MGD and 60 MGD in dry
and wet weather conditions, respectively. The treatment plant produces disinfected
secondary effluent in two (2) separate chlorine contact treatment trains, “B” and “C”,
each discharging to separate outfall locations from separate pump stations located
within the treatment plant.
Train “B” effluent is pumped to the Mare Island Strait outfall directly west of the
treatment plant from the Mare Island Pump Station (MIPS). The existing MIPS
pump station is beyond its useful life and scheduled for replacement.
Train “C” effluent is pumped to the Carquinez Strait outfall 2 miles south of the
treatment plant from the Carquinez Strait Pump Station. The existing Carquinez
pump station is reaching the end of its useful life and is scheduled for
rehabilitation/replacement.
The existing plant utility water (3W) pump station is located adjacent to, and is
supplied by/through chlorine contact tank “C”. The existing 3W pump station is
reaching the end of its useful life and is scheduled for rehabilitation/replacement.
The two outfalls are utilized separately, depending on seasonal operational modes and
permit requirements; one outfall is utilized during dry weather conditions, both in wet
weather conditions. The preferred operational scenario is to utilize the Mare Island Strait
outfall when one outfall is being used due to energy savings associated with pumping
(the Mare Island outfall is adjacent to the treatment plant, the Carquinez Strait outfall is 2
miles away).
Effluent flow is not metered; it is calculated based on plant influent flow and onsite 3W
use.
The treatment plant has no means to prevent non-permit compliant effluent discharges
to receiving waters if the treatment process is disturbed. Currently, when the treatment
process is disturbed, the only means to stop effluent discharge is to shut down the
headworks and surcharge the collection system upstream of the plant; this method is not
feasible during wet weather high flow conditions.
During storm events plant influent flow can exceed plant treatment capacity; in such
cases excess influent is conveyed to the 9 million gallon Ryder Street Basin where it is
held for later treatment. The basin is constructed with an overflow weir that directly
discharges plant influent to the Mare Island Strait when plant influent exceeds both
treatment plant capacity and the basin’s storage volume.
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Desired Outcome:
Vallejo Wastewater intends to investigate alternatives and costs to:
Replace and relocate MIPS; investigate feasibility and alternatives to combine
both effluent pump stations (MIPS and Carquinez Strait Pump Station).
Implement piping additions/changes, interties and valve additions such that each
chlorination contract train “B” and “C” can discharge to either outfall.
Implement piping additions such that non-permit compliant effluent from either
train can be conveyed to the Ryder Street Basin until treatment process
disruptions can be corrected, and the non-permit compliant effluent can be
recycled into the treatment process instead of discharged to the outfall(s).
Provide metering of effluent flows to both outfalls.
Install a (N) 3W pump station, or modify the existing 3W pump station, such that
it can be supplied by both chlorine contact trains “B” and “C”.
Investigate the feasibility and cost to decommission existing chlorine contact tank
“B” and construct a replacement chlorine contact basin in closer proximity to
chlorine contact tank “C” and the existing 3W pump station, allowing the 3W
pump station to be supplied by either chlorine contact tank.
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8. AVAILABLE DOCUMENTS:
Wastewater Treatment Plant Record Drawings will be provided to those in attendance at the
October 9, 2017 Preliminary Meeting
9. PROPOSAL FORMAT AND CONTENT:
In order to facilitate the evaluation of the proposals, consultants shall format their proposalsusing the following sections. Failure to include the requested information in the requestedformat may result in a determination that the proposal is non-responsive. The attachmentscontained in this RFP, table of contents, and tabs are not included toward the page maximum.
A. STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE) – ATTACHMENT A Fill out and include Attachment A found in the RFP as an appendix
B. CERTIFICATE OF NON-COLLUSION – ATTACHMENT B Fill out and include Attachment B found in the RFP as an appendix
C. COVER LETTER – 2 page maximum.
Transmittal letter for the proposal and expression of interest in the project. The letter must be signed by the company officer(s) empowered to bind the firm, with the title of each (e.g., president, general partner).
D. ORGANIZATION AND STAFFING OF THE TEAM – 3 pages maximum (excluding resumes), including a team and staff organization chart.
The prime consultant and key subconsultants shall be clearly identified. The consultant’s complete name, business address, telephone number and website URL and the name and telephone number of the person the District should contact regarding the proposal. The project manager for this project should be clearly identified. Include resumes of any key project personnel or sub-consultant personnel (no more than 2 pages per resume) in an appendix to the proposal. This section should clearly define the roles and responsibilities of each team member listed in the organization chart. Describe the key team member’s experience, emphasizing experience with similar projects.
E. PROJECT APPROACH – 6 pages maximum.
Include a description of the key project elements/goals and how the proposed approach will manage the project expertly and in an efficient manner. Identify challenges that might be expected and possible solutions to resolving those challenges. The project approach should reference milestones in the project schedule. This section must also describe the consultant’s QA/QC review process.
F. DETAILED PROJECT SCOPE – 4 pages maximum.
The Consultant shall describe the scope of work and deliverables for each task that is part of Task Order #1. The scope of work shall reflect the cost estimate included in the separate sealed envelope and the schedule included in the consultant’s proposal.
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G. PROJECT SCHEDULE AND MANAGEMENT PLAN – 3 pages maximum.
The consultant shall provide a summary of milestones, constraints, and challenges and should clearly demonstrate the ability to complete the project within the proposed schedule. The consultant should describe a management plan to ensure coordination with all participants and that the project milestones are met.
H. PROJECT TEAM RESOURCE TABLE – 1 page maximum
A resource table reflecting the proposed resources for performing the work based on the project schedule shall be provided. For each month of work, the hours for each member of the project team (including subconsultants) shall be indicated in percentage of a “full time employee” (based on 160 hours per work month). Refer to sample table below.
I. EXCEPTIONS Please include a statement regarding exceptions to the sample contract. If no exceptions are included, the District will expect the Consultant will be able to sign the District’s contract and provide the required insurance and indemnification.
10. FORMAT OF COST PROPOSAL:
The consultant must itemize all costs, including per hour costs, directs costs, chargeable to the
District as described in this Section, in the separate Cost proposal, labeled “Cost Proposal”
The cost proposal shall be for Task Order #1 only and shall include for each of the major tasks:
personnel; estimated labor hours; and hourly rates for each member of the project team; project
expenses; sub-consultant costs; and total costs.
The cost proposal will not be opened until after each consultant’s proposal has been carefully
reviewed, interviews conducted (if required), and the consultant team deemed most qualified
has been selected. Only the cost proposal for the selected consultant team will be opened
and will form the basis of negotiations for the Task Order.
Page 8 of 33
The District reserves the right to reject any proposals and to accept the proposal or
proposals which in its sole and absolute judgment shall, under all circumstances, best serve
the interests of the District.
Vallejo Wastewater may require the consultant to submit additional data or information it
deems necessary to substantiate the costs presented by the consultant. The District may
also require the consultant to revise one or more elements of its proposal in accordance with
contract negotiations.
11. SELECTION PROCESS, CRITERIA AND SCORING
The District will have a Selection Committee for the evaluation of proposals. The selection ofa consultant and subsequent award will be based on the criteria contained in this RFP, andas demonstrated in the submitted proposal. Consultants should submit informationsufficient for the District to easily evaluate proposals with respect to the selection criteria.The absence of required information shall cause the proposal to be deemed non-responsiveand shall be cause for rejection.
Proposals will be scored on the following selection criteria:
SELECTION CRITERIA MAXIMUM POINTS
Organization and Staffing 25
Project Approach 35
Project Scope 20
Project Schedule and management plan 10
Team Resource Table 10
Total Points Possible 100
12. AGREEMENT:
A. Time is of the essence in awarding the agreement. The District reserves the right to
cancel any intent to award and proceed to the next consultant if the selected consultant
has not signed the agreement within two (2) weeks after the notification of intent to
award.
B. Execution of Contract
a. Upon the selection of a consultant and successful cost negotiations, the District
will prepare and submit an agreement to the successful consultant for signature.
(See sample agreement, as Attachment C, which contains required contractual
language.) In the event that the successful consultant fails, neglects or refuses
to execute the agreement within two (2) weeks after receiving a copy of the
agreement from the District, District may at its option terminate and cancel its
action in awarding the agreement and the agreement shall become null and void
and of no effect.
b. Incorporated by reference into the agreement which is to be entered into by the
District and the successful Consultant pursuant to this proposal will be (a) all of
the information presented in or with this proposal and the Consultant’s response
Page 9 of 33
thereto, and (b) all written communications between the District and the
successful Consultant.
13. REJECTION OF PROPOSALS:
The RFP does not commit the District to award an agreement, to pay any costs incurred in
the preparation of the proposal to this request, or to procure or contract for services or
supplies. The District reserves the right to accept or reject any or all proposals received as
a result of this request, to negotiate with any qualified source, or to cancel the RFP in part or
in its entirety, if it is in the best interest of the District to do so. The District may require the
proposer selected to participate in negotiations, and to submit such proposal as may result
from negotiation.
Any proposal submitted during this RFP process becomes the property of the District. The
District will not be liable for nor pay costs incurred by the respondent in the preparation of a
response to this RFP or any other costs involved including travel.
14. GENERAL CONDITIONS:
While the intent of the District is to award the agreement to the selected consultant, it
reserves the right to both either withdraw and/or not award an agreement at any time it so
desires. Costs incurred in the preparation of response to this RFP will not be reimbursed.
Limitations
1) The District has the authority to terminate the agreement upon written notice to the
consultant at any time during the period of the project if the District finds that the
consultant’s performance is not satisfactory.
15. LIST OF ATTACHMENTS:
Attachment A - Statement of Responsibility (signature page)
Attachment B - Certificate of Non-collusion
Attachment C - Sample Agreement for Professional Services
Attachment D – Insurance Requirements
Page 10 of 33
ATTACHMENT A
STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE)
This Statement of Responsibility (Signature Page) shall be included with your submittal in order to validate your proposal. Proposals submitted without this page will be deemed non-responsive.
Consultant Authorized Representative
Company Name: ________________________________________ Date: ____________
1. Do you agree to comply with specifications, RFP instructions, draft contract requirementsand other pertinent references contained in this RFP?
□ YES □ NO
2. Do you agree that the proposal will stand firm and will not be withdrawn for a period of 120days after the proposal is opened?
□ YES □ NO
3. Do you certify that all statements in the proposal are true? This shall constitute awarranty, which if falsified, shall entitle the District to pursue any remedy authorized
Page 11 of 33
by law, and shall include the right, at the option of the District, of declaring any agreement made as a result thereof to be void.
□ YES □ NO
4. Do you agree to provide the District with any other information the Districtdetermines is necessary for accurate determination of your qualifications to provideservices?
□ YES □ NO
5. Do you agree that the proposal amount includes all costs incident to the proposedcontract?
□ YES □ NO
6. Do you acknowledge receipt of any and all addenda issued for this RFP?
□ YES □ Not Applicable (No Addenda Issued)
Please list all addenda received:
___________________________
___________________________
___________________________
___________________________
___________________________
To the best of my knowledge and belief, the information provided in this initial determination of responsibilities is true and correct.
391 This agreement was only altered for scope and provider__________ 392 393
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H:\DIRECTOR COORESPONDENCE\Insurance & Indemnification Language\2010 I & I Language\Ins Req for Prof & On-call Prof.Consultants 2010.DOC June 2010
Attachment DVALLEJO SANITATION & FLOOD CONTROL DISTRICT
Insurance and Indemnification Requirements for Professional Consultants
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance Coverage shall be at least as broad as:
2. Insurance Services Office Form Number CA 00 01 covering AutomobileLiability, Code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California andEmployer’s Liability Insurance.
4. Errors & Omissions Liability insurance appropriate to the Consultant’sprofession. Architects’ and Engineers’ coverage shall be endorsed to includecontractual liability.
Minimum Limits of Insurance Consultant shall maintain limits no less than:
1. General Liability:(Including operations, products andcompleted operations, asapplicable.)
per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
per accident for bodily injury and property damage.
each accident, $1,000,000 policy limit for bodily injury by disease, $1,000,000 each employee for bodily injury by disease.
per occurrence.
each occurrence/$2,000,000 policy aggregate
Page 31 of 33
H:\DIRECTOR COORESPONDENCE\Insurance & Indemnification Language\2010 I & I Language\Ins Req for Prof &
4. A copy of the claims reporting requirements must be submitted to the District for review.
On-call Prof.Consultants 2010.DOC June 2010
g payment of losses and related investigations, claim administration and defense xpenses.
omobile Liability policies shall contain, or be endorsed to contain, the following provisions:
Th e Liability policies shall contain, or be endorsed to
ed as
rts
olicy.
and
volunteers shall be excess of the Contractor’s insurance
by the policy shall apply as
ter thirty (30) days’
dditional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Pollution Liability and/or rrors & Omissions coverages are written on a claims-made form:
shown, and must be before the date of the contract or the
nce must be provided for at least ten
period coverage for a minimum of ten (10) years after
Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the District, its officers, trustees, officials, employees and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the District guaranteeine Other Insurance Provisions The Commercial General Liability and Aut
e General Liability and Automobilcontain, the following provisions: 1. The District, its officers, trustees, officials, employees and volunteers shall be cover
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, paor equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement (CG 20 10 11 85 or equivalent) to the contractor’s insurance policy, or as a separate owner’s p
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the District, its officers, trustees, officials, employees,volunteers. Any insurance or self-insurance maintained by the District, its officers, trustees, officials, employees, orand shall not contribute with it.
3. The inclusion of more than one insured shall not operate to impair the right of one insured against another insured, and the coverage affordedthough separate policies had been issued to each insured.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either the Contractor or the insurer, except afprior written notice has been provided to the District.
5. 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 a
If General Liability, Contractors Pollution Liability and/or AsbestosE
1. The retroactive date must bebeginning of contract work.
2. Insurance must be maintained and evidence of insura(10) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Consultant must purchase an extended completion of contract work.
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H:\DIRECTOR COORESPONDENCE\Insurance & Indemnification Language\2010 I & I Language\Ins Req for Prof & On-call Prof.Consultants 2010.DOC June 2010
remediation, the ContractorsPollution Liability policy shall not contain a mold exclusion and the definition of
clude microbial matter including mold.
a current A.M. Best’s rating of no less than A:VII, nless otherwise acceptable to the District. Exception may be made for the State Compensation
specifically rated.
ll
s,
or set
same upon Contractor’s payment of $150.00 per non-ompliant endorsement submitted. District may, in its sole discretion, accept or reject any
ant endorsement.
ontractor shall require and verify that all subcontractors maintain insurance meeting all the in.
The Workers’ ompensation policy shall be endorsed with a waiver of subrogation in favor of the District for
rformed by the Consultant, its employees, agents and subcontractors.
d or
y
caused by the active negligence
of District. Contractor’s obligation to indemnify District shall survive the completion and/or termination of this project to the fullest extent allowed by law.
5. If the services involve lead-based paint or asbestos identification/remediation, theContractors Pollution Liability policy shall not contain lead-based paint or asbestosexclusions. If the services involve mold identification/
“Pollution” shall in
Acceptability of Insurers Insurance shall be placed with insurers withuInsurance Fund when not
Verification of Coverage Consultant shall furnish the District with original certificates and amendatory endorsements effecting coverage required by these specifications. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General Liability coverage shabe provided in the form of an Additional Insured endorsement (CG 20 10/11/85 or equivalent) tothe Consultant’s insurance policy, or as a separate owner’s policy. All endorsements shall be received and approved by the District before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. As an alternative to the District’s formthe Consultant’s insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. If Contractwishes to submit any endorsements that do not strictly comply with District’s requirements asforth above, District will review thecsuch non-compli
Subcontractors Crequirements stated here
Waiver of Subrogation Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.Call work pe
Indemnity Contractor agrees to indemnify, including the cost to defend, District and its officers, agents anemployees, from and against any and all claims, demands, costs or liability that arise out of,pertain to, or relate to the negligence, recklessness, or willful misconduct of contractor and its agents and subcontractors in the performance of services under this contract; however, this indemnity does not apply to liability 1) for damages for death or bodily injury to persons, injurto property, or other loss, arising from the sole negligence or willful misconduct of District, or District’s agents or independent contractors who are directly responsible to the District, or fordefects in design furnished by those persons, or 2) to the extent