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CITY OF ARCADIA c CD o � 3
PROFESSIONAL SERVICES AGREEMENT 1100, 8C)
1. PARTIES AND PATE.
This Agreement is made and entered into this ehday of r1� , 2004 by
and between the City of Arcadia, a municipal organization organized under the laws of the State
of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 -6021 ( "City ") and URS Corporation, a Nevada Corporation, doing business
as URS Corporation Americas with its principal place of business at 2020 E. First Street, Santa
Ana, CA 92705 ( "Consultant "). City and Consultant are sometimes individually referred to as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing professional Geological
services to public clients, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such services for the Slope Stability
Evaluation at Upper Canyon Reservoir and Geotechnical on -call services ( "Project ") as set forth
in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Geological consulting services
necessary for the Project ( "Services "). The Services are more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference. All Services shall be subject to, and
performed in accordance with, this Agreement, the exhibits attached hereto and incorporated
herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from date of execution to June
30, 2005, unless earlier terminated as provided herein. Consultant shall complete the Services
within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Pavment of Subordinates: Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Chris Goetz, Senior Engineering Geologist.
PA
3.2.5 City's Representative. The City hereby designates Pat Malloy, Public
Works Services Director, or his or her designee, to act as its representative for the performance
of this Agreement ( "City's Representative "). City's Representative shall have the power to act
on behalf of the City for all purposes under this Contract. Consultant shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Chris Goetz,
Senior Engineering Geologist, or his or her designee, to act as its representative for the
performance of this Agreement ( "Consultant's Representative "). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes under
this Agreement. The Consultant's Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care: Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub - consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
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3.2.10 Insurance,
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the City that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and
maintain, and require its sub - consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall
be endorsed to include contractual liability for losses arising from Consultant's negligence.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
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(A) General Liabilitv. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Work or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such work; and (2) the insurance coverage shall be primary insurance as respects
the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self - insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall
not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Emplovers Liabilitv
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided or
canceled except after thirty (30) days prior written notice by mail has been given to the City; and
(B) any failure to comply with reporting or other provisions of the policies, including breaches of
warranties, shall not affect coverage provided to the City, its directors, officials, officers,
employees, agents and volunteers.
3.2.10.5 Separation of Insureds: No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self - insured retentions must be declared to and approved by the City. Consultant
shall agree that, at the option of the City, either: (1) the insurer shall reduce or eliminate such
deductibles or self - insured retentions as respects the City, its directors, officials, officers,
employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing
payment of losses and related investigation costs, claims and administrative and defense
expenses.
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3.2.10.7 Accentability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, authorized to do business in
California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies in the
event of a claim arising from Consultant's services.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed TWENTY EIGHT THOUSAND DOLLARS AND NO CENTS ($28,000.00)
without written approval of City's Public Works Services Director. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner
set forth in this Agreement.
3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within forty -five (45) days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
• •
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective Parties at the following address, or at such other
address as the respective Parties may provide in writing for this purpose:
Consultant:
City:
URS Corporation
2020 East First Street, Suite 400
Santa Ana, CA 92705
Attn: Chris Goetz, Senior Engineering Geologist
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Pat Malloy, Public Works Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentialitv.
3.5.3.1 Documents & Data: Licensine of Intellectual Property. This
Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data "). Consultant shall require
all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to- the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
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3.5.4 Cooperation, Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from. any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
negligent acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors to the extent arising out of or caused by the performance of
the Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and reasonable attorneys fees and other related costs and expenses.
Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid
suits, actions or other legal proceedings of every kind that may be brought or instituted against
City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and
satisfy any judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, agents or volunteers, in any such suit, action or other legal proceeding.
Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials
officers, employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both Parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.13 Construction, References, Captions. Since the Parties or their agents have
participated fully in.the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
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3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non - discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City s Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California 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 agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF ARCADIA URS CORPORATION
By: W"'__1 By:
William R. Kelly, City Manager
Dated: f 44 2004
City Clerk V
APPROVED AS TO FORM'
P. )N e
Step neh P. Deitsch
City Attorney
V� -e,.e
Title
C
% % O�
Department Hp d Date
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall provide the following services:
C
SLOPE STABILITY EVALUATION AT UPPER CANYON RESERVOIR
URS has conducted an initial field reconnaissance of the slope that may be affecting a private
residence in the City on April 8, 2004. URS will conduct geologic mapping of the slope, review
pertinent published and unpublished literature and information regarding the geologic conditions
of the site URS will also review historic aerial photographs of the site to document if any
measurable slope retreat is apparent. Subsurface exploration and laboratory testing will not be
performed in connection with this scope of work. Accordingly, our evaluation will represent our
judgment, based upon the level of effort described in this proposal
Deliverable: URS will prepare a letter report to the City summarizing the findings of the field
reconnaissance and document review regarding the suspected slope stability concerns at the
Upper Canyon Reservoir. If the findings of the investigation suggest the occurrence of slope
instability, the report will recommend alternative preliminary mitigation measures for the City's
consideration.
GEOTECHNICAL ON -CALL SERVICES
Based on discussions, we understand that the initial task under this contract will be an evaluation
of the rock fall hazard area along the entrance drive to Wilderness Park. URS met with you and
joined you in an initial field reconnaissance of the slope above the entrance to Wilderness Park
on April 8. In addition we will review pertinent published and unpublished literature, maps,
aerial photographs and other information regarding the geologic conditions of the site.
Deliverable: URS will prepare a letter report to the City summarizing the findings of the field
reconnaissance and document review regarding the potential slope stability hazards at the
entrance to Wilderness Park. In addition, the letter report will provide initial recommendations
for mitigation of identified or potential slope stability hazards. The letter report will also
describe recommended additional studies as needed to further define identified slope stability
hazards and identify additional mitigation measures.
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EXHIBIT "B"
SCHEDULE OF SERVICES
NOT APPLICABLE
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EXHIBIT "C"
COMPENSATION
SEE ATTACHED
NOT TO EXCEED $28,000.00
G1
LOS ANGELES AREA OFFICES
2004 SCHEDULE OF FEES AND CHARGES
The following describes the basis for compensation for services performed during the fiscal year 2004.
PERSONNEL CHARGES
The charge for all time required in the performance of the Scope of
Services, including office, field and travel time, will be at the Unit Price
Hourly Rates set forth below for the labor Classification indicated.
Average billing rates for different labor classifications are as follows:
Labor Classification
Clerk-
Project Assistant/Word Processor'
Technical Assistant/Technical Editor "
DrafterfillustratoP"
Senior Drafter /Illustrator"
Technician'"
Senior Technician "
Lab/Field Supervisor-
Staff Professional _
Senior Staff Professional
Project Professional
Sr. Project Geologist
Senior Project Engineer
Principal
Manager
Hourly Rate"
$50.00
$60.00
$60.00
$60.00
$75.00
$60.00
$80.00
$80.00
$65.00
$80.00
$100.00
$105.00
$125.00
$140.00
$160.00
When URS staff appear as expert witnesses at court trials, mediation,
arbitration hearings, and depositions, their time will be charged at
$3001hr. All time spent by personnel preparing for such trials,
hearings, and depositions, will be charged at the above standard
hourly rates.
Overtime (hours worked in excess of eight (8) hours per day) by
exempt personnel will be charged at the above straight time rate
hourly rate. Overtime by non - exempt personnel (classifications
identified with a double asterisk "—') will be charged at 1.3 times the
straight time rate.
Special project accounting, reporting, and financial services, including
submission of invoice support documentation will be charged at the
rate of a clerk.
OTHER PROJECT CHARGES
Subcontracts and Equipment Rental
The cost of services subcontracted by URS to others, including but
not limited to: chemical analysis, test borings, specialty contractors,
surveyors, consultants, and equipment rental; e.g., backhoes,
bulldozers, and test apparatus, etc., will be charged at cost plus 10 %.
Communications
The cost of communications including telephone, telex facsimile,
routine postage and incidental copying costs will be charged at a flat
rate of 3% of total labor charges.
Computers
The charge for use of in -house computers for spreadsheets, word
processing and other similar functions is included in the standard
multiplier. The charge for use of Computer Aided Design and Drafting
(CADD), Graphics generation, Geographic Information System (GIS)
modeling applications and similar technical computing is $25.00 per
hour. There will be a charge of $5.00 each for non -color and $15.00
for each color plot generated by CADD and GIS systems.
Document Reproduction
In -house reproduction will be charged at $.10 a page for black & white
and $1.50 a page for color for letter, legal, and 11 x 17 size copies.
Other size document copying will be charged at $5.00 a page.
Vehicles and Mileage
Field vehicles (pick -ups, vans, trucks, etc.) used on project
assignments will be charged at $75.00 per day. The mileage charge
for personal autos will be the then current mileage rate established by
the Internal Revenue Service, which is now $0.365 per mile.
URS LABORATORY SERVICES AND EQUIPMENT CHARGES
The schedules of charges for laboratory testing performed at URS
facilities is provided on page 2. The schedule of charges for URS
equipment used on projects is as follows:
Equipment
Rate
Inclinometer
$21.00 1hour
Sand Cone Equipment
3.00 /hour
Nuclear Density Gage
6.001hrour
Down -Hole Logging Cage
21.00/day
Rates for daily or monthly use and other special equipment including
geophysical equipment will be furnished upon request.
This fee schedule contains confidential business information and is not to be copied or distributed for any
purpose other than the use intended In this contract orproposa /.
Page 1 of 3
0 •
URS Geotechnical Laboratory
Schedule of Fees for Fiscal Year 2004
Please review terms and conditions listed on page 3
INDEX PROPERTIES TESTS
Unit Cost
Test Method(s)
Notes'
Water Content Determination (WC)
$5
ASTM D 22161 CA 226
Water Content and Dry Unit Weight (for Shelby and sleeve samples)
$25
ASTM D 2216
Water Content and Dry Unit Weight (for ring samples) -
$15
ASTM D 2216.
(1)
Specific. Soils........,
_ $50..
ASTM D 8541 CA 2091 T100
Plasticity Index (LL, PL & PI)
$65
ASTM D 43181 CA 204
Particle Size Analysis with Splitting (4 in. to #200 with wash)
$65
ASTM C 136,0 422 / CA 202
Combined Particle Size Analysis and Hydrometer
$105
ASTM D 422
Double Hydrometer Analysis (10 Point Test)
$150
ASTM D 4221
Wash Analysis (- #200 sieve only)
$35
ASTM C 117, D 1140
Sand Equivalent Value
$60
CA 217
Proctor Compaction 4 -in. dia. Mold using Procedures A and B
$140
ASTM D 696, D 1557
Proctor Compaction 6 -in: dia. Mold using Procedure C
$170
ASTM D 696, D 1557
COM PRESSIBILITY l SWELL TESTS -
-
-
Oedometer Testing (Consolidation and Swell) -
ASTM D 2435, D 4546, D 5333
Each loading ! unloading Increments, with time curve
$40
ASTM D 2435, D 4546, D 5333
- Oedometer Testing (Up to 10 increments without time curves)
$140
(1),(2)
Expansion Index (EIT)
$100
ASTM D 4829
Sample trimming and pedometer specimen set up
$60
STRENGTH TESTS (PER POINT)
-
-
Torvane or Pocket Penetrometer
$10
Point Load
$35
ASTM D 5731
(3)
Slake Durability of Shales and Weak Rocks
$45
ASTM D 4644
(3)
Unconfined Compressionpf Cohesive Soils (UC)
$60
ASTM D 2166
Uncosolidated- Undrained Triaxial (UU)
$95
ASTM D 2850
Isotropically- Consolidated Drained Triaxial (CIDC)
$400
USSR 5755
Isotropically - Consolidated Undrained Triaxial (CIUC)
$300
.ASTM D 4767
Direct Shear Test (CD), includes time curves, per point
$75
ASTM D 3080
Direct Shear Test, for 3 points without time curves
$150
Residual value after shearing
$45_
Sample trimming and direct shear specimen set up
$35
Torsional Ring Shear (Consolidated - Drained)
ASTM D 6467
(3)
Fully Softened Condition with residual if attainable
$250
(3)
Stage Residual, pre -cut (first point) -
$200
(3)
Incremental Stage (per point)
$100
(3)
Sample trimming and strength specimen set up (except direct shear specimen)
$50
OTHERTESTS -
Hydraulic Conductivity using Constant Head or Falling Head Method
$190
ASTM D 5084
Incremental Stage, (per point)
$80
Resistance R- Value. and Expansion Pressure of Compacted Soils
$200
ASTM D 2844
(4)
California Bearing Ratio (CBR), per point
$90
ASTM D 4429
(1).
Pinhole for Dispersive Clay Soils
$150
ASTM D 4647
(3)
Corrosion Suite (ph, resistivity, anions and cations, no report)
$130
(4)
Sample trimming and other test specimen set up
$50
Specimen fabrication (remolding) for any testing specimen
$50
Digital Fhotographs available (per photo)
$1
*Notes: Testing performed In both Los Angeles and Santa Ana Laboratories unless otherwise noted
(1) Testing performed in Los Angeles Laboratory only
(2) ASTM-, AASHTO-, and CalTrans- required time readings are not taken.
(3) Testing performed In Santa Ana Laboratory only -
(4) Testing performed by subcontract laboratory
EnRS
Page 2 of 3 page 2fee schedule.xls
URS Geotechnical Testing Laboratory
Schedule of Fees for Fiscal Year 2004
2110 East First Street, Suite 116
Santa Ana, California 92705
Telephone: (714) 648 — 2861
Facsimile: (714) 973 -4834
Manager: Tom O'Meara
Terms and Conditions:
911 Wilshire Blvd., Suite 800
Los Angeles, California 90017
Telephone: (213) 996 — 2364
Facsimile: (213) 996 — 2210
Manager: Somsak Poolpann
This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other
than the use intended in this contract or proposal.
Standard laboratory tests, listed on page 2, will be invoiced at a fixed charge per test. There will be a charge for the time
of laboratory personnel associated with the project administration and supervision of the testing program per the project
fee schedule. In addition, unusual sample handling or specimen setup requirements will also be charged in accordance
with the project fee schedule. These personnel time charges will be at the hourly Yates for the classification of labor
involved. Charges for other tests or tests performed in accordance with other standards are quoted on project - specific
k a51s. The rates apply to non - contaminated materials only. If needed, arrangements can be made to have contai ti ated
samples tested by an outside laboratory.
All samples of soil and rock will be disposed of 60 days after submission of any document that includes the data obtained
from the samples, unless other arrangements are mutually agreed -upon. Upon request, samples will be delivered to the
client at the client's cost or will be stored for an agreed storage charge.
Where appropriate, graphical presentations of data obtained from testing are included with the unit rate. Particle -Size
analysis, including hydrometer tests, are presented in a plot showing the distribution curve. Proctor Compaction testing,
performed in the laboratory, is presented graphically.
Time curve calculations will be performed during all loading or unloading increments associated with compressibility or
swell tests, and the shear stress vs. vertical strain plot will be used to summarize the incremental condition. On occasion,
compliance within industry standards may not be required; therefore, compressibility and swell testing can be performed
without incremental documentation upon request. The Unconfined Compression test will include data tabulation and a plot
of axial strain vs. compressive strength. Triaxial results include data tabulation and plots of deviator stress, obliquity, p -q
diagram and Mohr circles per series. The Direct Shear and Ring Shear results include data tabulation and plots of shear
stress vs, vertical stress and horizontal displacement.
The unit rates for all engineering property tests will include the initial and final conditions of the tested material, such as
water content, unit weight and degree of saturation.
The unit rate for sample trimming and specimen set up include cutting sampling tubes, extruding the material, trimming
the specimen and steps used to initialize testing.
Miscellaneous calculations (such as porosity) and data interpretations, outside of the ASTM standards, will be charged as
a hourly rate per project fee schedule as stated above.
Page 3 of 3 page 3ae schedu%.xis
M, 10. 2004_ 9:210- MARSiL AN ho.009] —P. 9
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- i'�. ,EF;T?ICTE'4•N
PRODUCER
MARSH RISK & INSURANCE SERVICES
P, 0: 80X.193880
SAN FRANCISCO, CA 94119.3880
CERTIFICATE HUMBER
�h.�,�E
•, al; SEA - 000782236 -01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY, THIS CERTIFICATE DOES NOT MEMO. EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
CALIFORNIA LICENSE NO. 0437153
COMPANIES AFFORDING COVERAGE
COMPANY
R$CA- ALL -W/PRO -0405 STA URSA AUTOA CO201
A NATIONAL UNION FIRE INS. GO. OF PITTSBURGH, PA
COMPANY r l 1
B AMERICAN INTERNATIONAL SPECIALTY LINES INS. COV
INSURED - »-
URS CORPORATION
dba URS CORPORATION AMERICAS
600 MONTGOMERY STREET
25TH FLOOR
COMPANY t} ��
C INSURANCE GOOF THE STATE OF PA �(1 J
SAN FRANCISCO, CA 94Ill
COMPANY
D NIA
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED HOMED HEREIN FOR THE POLICY PER100 INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VATM RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
-
CO
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TYPE OF INSURANCE
POLICY NUMBER POLICY
EFFECTIVE
DATE (MNIDDIYY)
POUCY EXPIRATION
GATE IMMIDDIYYI
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A
GENERAL UABIUTY
GL933.3116 04/01104
04/01/05
GENERALAGGREGATE
$ 2,000,000
PRODUCEINJURY
8 2,000'000
X COMNERCIALGENERALU UTY
PERSON$
1,p00,900
• CLAIMS MADE OCCUR
EACH O$
1,000,ODD
OVMER%&CONTRACTORS PROT
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$ 1,000,000
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AUTOMOBILE
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826 -1679 ADS 04/01/04
04/01/05
COMBINED SINGLE LIMIT
$ 1,000,000
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SCHEOULEDAUTOS
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WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
6436093(CA) 61/01104
6436094(AOS) 01101104
01101/05
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$ .1,000,000
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OFFICERS ARE EXCL
6436095 EXCWO.CA,AOS,GA 01101/04
6436096 (GA) 01/01104
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$ 1,000,000
OTHER
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PROF. LIABILITY (E &O)
819 -0168 04101/04
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EACH CLAIM $1,000,000
CLAIMS MADE FORM
AGGREGATE $1,000,000
DESCRIPTION OF OPERATIONSM CATIONSNEHICLES /SPECIAL ITEM$
RE! GEOTECHNICAL ON -CALL SERVICES. THE CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND
DESIGNATED VOLUNTEERS ARE ADDITIONAL INSUREDS WITH RESPECT OPERATIONS PERFORMED BY OR FOR THE NAMED INSURED AS
RESPECTS GENERAL & AUTO LIABILITY. WAVER OF SUBROGATION APPLIES AS RESPECTS WORKERS COMPENSATION TO THE EXTENT
WHERE PERMITTED BY LAW. THIS INSURANCE IS PRIMARY AND NON- GONTRIBUTORY WITH ANY OTHER INSURANCE CARRIED BY OR FOR
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SHOULD MY OF THE PODCIES DESCRIBED HEREIN BE CANCS ED DEFORB THE EXPIRATION DATE THFREOF,
TAE INSURER AFFORDING CI„'EAMM! WILL ENDEAVOR TO Wk ---U DAYS WRITTEN NDTICD TO THE
CITY OF ARCADIA
PUBLIC WORKS SERVICES DEPARTMENT
ATTN: DENISE WEAVER
CERTIFICATE AOt ER NAMED HEREN. BUT FAUJRE TO AAJ VCH NOTICE VALL INPOEE NO GBNDATION OR
LIABILITY OFANYKNO UFONT1E RISURCRAFFORDNG COVERAGE, R9AGEME ORREPRMINTATNES.ORTNE
240 WEST HUNTINGTON DRIVE
ARCADIA, CA 91066$021
ISSUEROFTHLBCERTIFICATE
MARSH USA INC,
BY: Michio Nekot6�L
•- •+,*,I, -u -� wa',;F •f" -
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06/09/04
PRVVVCea COMPANIES AFFORDING COVERAGE
MARSH RISK & INSURANCE SERVICES COMPANY
: P.O. BOX 193860 E AMERICAN INTERNATIONAL SOUTH INSURANCE GO.
SAN FRANCISCO, CA 94119.3880
.. CALIFORNIA LICENSE N0.0437153 --
COtimANY
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INSURED FCOMPIANI
URS CORPORATION
dba URS CORPORATION AMERICAS
600 MONTGOMERY STREET 25TH FLOOR SAN FRANCISCO, CA 94111
CONTINUED FROM DESCRIPTION SECTION:
THE BENEFIT OF THE ADDITIONAL INSURED. SEVERASIUTY OF INTEREST APPLIES, SEE ATTACHED.
SERVICES DEPARTMENT
VEAVER
INGTON DRIVE
CA
MARSH USA INC. BY
Michio Nekoto
, 7-"ry m' •-y 'I"' '.:+`�y"'°°°,;.? %Y,.,y9o�"`I�Ij'B�i_.- ....eMf' n1L '.., ..si• .'•. �'' +,
JUN. 10. 2004 9 :21AM MA� • N0.0027 P. 4
POLICY NUMBER: GL 933 -3116 COMMERCIAL GENERAL LIABILITY
CG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSESS OR
CONTRACTOR - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRTIRMW5
Name of Person or Organization:
THE CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS
AND DESIGNATED VOLUNTEERS
RE: GEOTECHNICAL ON-CALL SERVICES.
(If no entry appears above, information rcquimd to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
A. Section 11— Who is An Insured 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 ongoing operations performed for
that insured.
B. With inspect to the insurance afforded to these additional insureds, the following exclusion is added:
2. Exclusions
This insurance does not apply to "bodily injury" or `property damage" occurring after.
(1) All work, including materials, parts or equipment flumished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the site of the covered operations has been completed;
Or
(2) That portion of "your work" out of which the injury or damages arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
This insurance is primary and non- contributory with any other insurance carried by or for carried by or for
the benefit of the additional insured.
CG 20 10 10 01 ISO Properties, Inc, 2000 Page I of 1
,JUN. 10. 2004 9:22AM MART
NO. 0021 P. 5
POLICY NUMBER: GL 933 -3i M COMMERCIAL. GENERAL LIA 1LITY
CG 20 37 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSESS OR
CONTRACTOR -COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDTJLE
Name of Person or Organization:
THE CITY OF ARCADIA, ITS DIRECTORS, O � + CIALS, OFFICERS, EMPLOYEES, AGENTS
AND DESIGNATED VOLUNTEERS
RE: GEOTECMN CAL ON -CALL SERVICES.
Additional Premium
Of no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
Section H — Who is An Insured is amended ro include as an insured the person or organization shown in
the Schedule, but only with respect to liability arising out of "your work" at the location designated and
described in the schedule of this endorsement performed for that iusured and included in the "products -
completed operations hazard."
This insurance is primary and non - contributory with any other insurance carried by or for carried by or for
the benefit of the additional insured
CG 20 3710 01 ISO Properties, Inc. 2000 Page I of I
JUN. 10. 2004 9:22AM MA* • N0. 0027 P. 6
THIS ENDORSEMENT CXANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement, effective 12:01 A.M. 04/01/04
Forms a part of Policy No. (s): 826 -1679 AOS
By: National Union Fire Insurance Company of Pittsburgh
Insured: URS Corporation
ADDITIONAL INSURED — WHERE REQUIRED UNDER CONTRACT OR AGREEMENT
Name of Person or Organization:
THE CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS
AND DESIGNATED VOLUNTEERS
RE: GEOTECHNICAL ON -CALL SERVICES.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Section H — Liability Coverage, A. - Coverage, 1. — Who is An Insured, is amended to add:
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 requires 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 lesser of
1. The coverage and/or limits of this policy, or
2. The coverage and/or lituits required by said contract or agreement.
61713 (IV94)
JON, 10, 2004 9, 22AM MAR N0, 0027
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
P. 7
This endorsement changes the policy to which it is attached effective on inception date of
the policy unless a different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued
subsequent to preparation of the policy).
This endorsement, effective 12:01AM 01/01/2004 forms part of Policy No. WC 643 -6093 (CA)
Issued to: URS CORPORATION
Issued By: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
Premium: INCLUDED
We have the right to recover our payments from anyone liable for an injury covered by this
policy. We will not enforce our tight 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 any one not named in the
Schedule.
SCHEDULE
AS REQUIRED BY CONTRACT
THE CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES,
AGENTS AND DESIGNATED VOLUNTEERS
RE: GEOTECHNICAL ON -CALL SERVICES.
WC 00 03 13 (ED_ 4/84)