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HomeMy WebLinkAboutC-2028n � s x CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this - ) day of / ��' j n V , 2003 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 Civiltec Engineering, Inc., a California Corporation with its principal place of business at 118 W. Lime Ave., Monrovia, CA 91016 ( "Consultant "). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. RE CITALS. 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 Engineering Design 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 Fire Flow Pump at Whispering Pines Booster Pump Station project ( "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 Engineering Design 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, 2004, 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 Payment 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: David Byrum, P.E., Vice President. 2 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 David Byrum, P.E., Vice President, 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 Employ 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. 3 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. 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: E (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 Liabilitv 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 Employers Liability 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, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, 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 guarantee 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. 6 3.2.10.7 Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed 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, at any time. 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 FORTY TWO THOUSAND SIX HUNDRED NINETY FIVE DOLLARS AND NO CENTS ($42,695.00) 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 Payment 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. C* 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 Infection 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: Civiltec Engineering, Inc. 118 W. Lime Ave. Monrovia, CA 91016 Attn: David Byrum, P.E., Vice President (626) 357 -0588 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 Confidentiality 3.5.3.1 Documents & Data; Licensing 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. 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 alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and 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 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. M 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. M 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 By: William R. Kelly, City Manager Dated: V V� 9 2003 ATTEST: pity Clerk IM CIVILTEC ENGINEERING, INC. David Byrum, P.E., Vice President APPROVED AS TO FORM: ,--CO . (1 1 Stephen P. Deitsch bepartm nt Heoll, bate City Attorney 11 EXHIBIT " A " SCOPE OF SERVICES Consultant shall provide the following services: ATTACHED FWAS PROJECT APPRGACI -v SC®PE OF SERVICES TASK I. PRELEMNARX DESIGN A. Arrange and conduct a workshop with City Management and Staff and the Ciniltec Proj ect Team to formalize design criteria, discuss schedules and obtain any data, CAD files, plans or documents that the City may have in its possession relative to the Project. B. Perform a complete utility and data research of the site. Our objective is to obtain all record information available for the site including record drawings of the site improvements, boundary information, aerial photographs, vertical and horizontal control, title records, geologic data, etc. C. Prepare base maps of the existing site and pump station improvements from City record drawings. We will also prepare a site base map for the Torrey Pines Reservoir site. D. Perform a supplemental topographic survey to obtain all existing improvements, to establish horizontal and vertical control for construction and to supplement record data. E. Prepare layouts of the proposed pump station, including a floor plan identifying space requirements for the pumps, piping and motor controls. F. Perform a hyd.rau.lic analysis of the system utilising City provided water computer model and pump test data to select the proper fire pump to meet City goals. We will need the City to run a series of pwrrp tests on the existing pumps to develop a system curve. G. Prepare estimates of construction costs for the pump station layouts for consideration. H. Contact SCE to obtain services upgrade requirements and meet at the site. with the service planner to initiate their work. 1. Meet with City Staff and water system operators to review the preliminary layouts prior to proceeding into Final Design. This submittal and meeting will be considered cornpletion of the 50% submittal requirement. TASK II. FINAL DESIGN A. Prepare final drawings of the Booster Pump Station expansion and control valving complying with the established design criteria. The drawings will be 100 %AutoCAD 2002 for Windows and ink on 24" x 36" mylar. The drawings will be complete, detailing the following: A title sheet with construction notes and site location and vicinity maps. 2. A site plan indicating the pump station location and site improvements and of the Torrey Pules Reservoir site. 3. Plans of the pump station indicating building elevations, floor plan, roof plan, pump, piping, ventilation, and structural details. 4. Piping plans detailing suction piping, discharge piping and pressure relief and hydraulic gradient control facilities. 5. Demolition plan indicating facilities to be removed, relocated, protected in place and demolished. Phasing of construction will be addressed. 6. Electrical and telemetry provision plans including site plans, interior and exterior lighting plans, power distribution and outlet plans, control system plans. Civiltec proposes to provide a number of submittals prior to fir approval the drawings and specifications. T olIowing list identifies key submittals, meL .,gs and design information proposed for each submittal: a. 50% Design Review - Submit preliminary title sheet, pump station building and Piping configuration layouts, working sketches of details and sections, a preliminary construction cost estimate and a narrative of the design progress addressing outstanding issues and design completion schedule. Meet to discuss approximately one week after submittal. b. 90% Design Review - Submit complete drawings, first draft of complete specifications document, updated construction cost estimate, a narrative of progress addressing outstanding issues and design completion schedule and 50% design review corrunents. Meet to discuss approximately one week after submittal. C. 100% Design Review - Submit complete drawings and specifications document reflecting 90% design review corrections for final approval from the City. A detailed construction cost estimate will be submitted. Meet when submitted to expedite approval. d. Final Approval Review - Submit final mylar drawings and complete bound original specification document for final approval and signature by the City, B. Prepare the complete final contract and specifications document. The document will include the City's Agreement Forni and General Provisions, Special Provisions, Technical Specifications and all forms necessary to solicit bids from Contractors. The bidding proposal shall be detailed and iternized outlining the multiple facets of the construction proposed. The Civiltec Drawings and Specifications will identify any items the City proposes to pre - purchase. C. Prepare detailed. construction cost estimate for all facilities. D. Provide completed, original, signed mylars and original specifications for use by the City to place the Project out to bid. Provide AutoCAD drawings on 3 -1/2" diskettes for the City's use. Civiltec will provide twenty sets of blueprint drawings and bound contract documents to the City for your use in placing the project out to bid. E. Civiltec will submit plans and specifications for review to the City of Arcadia planning and building departments for review and approval. We will make the required corrections to the submittal until approval is obtained. The City will be responsible for all plan checking fees. EXHIBIT "B" SCHEDULE OF SERVICES ATTACHED B -1 DESIGN SCHEDULE Ciuiltec is available to begin work on this project immediately and assuming a notice to proceed date of November 3, 2003, will complete the scope of services according to the following schedule: Meet with Water Company Staff Kick -Off Meeting November 3, 2003 Complete Pre - design Investigations November 14, 2003 Begin Design Phase November 17, 2003 Submit 50% Design Review January 16, 2004 Submit 90% Design Review February 6, 2004 Submit 100% Design Review February 20, 2004 Submit Final Mylar for Signature March 5, 2004 Provide Original. Mylars and Specifications for the Water Company's use March 12, 2004 Civiltec anticipates that this schedule can be compressed. We will be able to provide the desigi-is for the Phase I components by mid January 2004. Phase I designs will include the pressure relief valve assembly and the control valve at the Torrey Pines Reservoir site. EXHIBIT "C" COMPENSATION ATTACHED C -1 ENGINEERING BUDGET Civiltec.Eng- ineerhig, Inc. proposes to provide the Scope of Services on a time and materials basis per the attached rate schedule, not to exceed the following budget. TASK I. PRELIMINARY DESIGN TASK II. FINAL DESIGN TOTAL FOR DESIGN TASKS $ 15,368.00 $ 27,327.00 $ 42,695.00 Enclosed herewith is a Company Rate Schedule that we will keep in effect for the duration of the Project and an Engineering Cost Analysis for your review. JA Arcadia Fire Pumpmpd U O Q. 0 V . 0 �- �" N C? � L N I r m X Q E O a. iL c� Q N h. O co 0 d. ! I I I I 0 0 0 0 0 0 4 0 0 p I O OOOOO O O O O O °I J O W V M N N W (A (D N t+'S O M (D N to M N (D tf> �}' M er p� I d` W ti O M O OJ c0 h t!) N M 47 "t N O N O U Cl) I .— I (Y) u7 N `— N M N fR 6} ff! i N (0). 64 EA 64 S{} fH 64 64 d} I fA d} W co O °o O O Z d co ° ° Cl) o O ° O fD W J U O O p O O I p C M M t c"� p 16 CL Q J P U W cfs c 69, c Cl) O O O O L O fD m ui Co CO O V) 69 m C0 o N Cri ° O N NO 0 b9 I ( HS m O 00 O d O O d' d O CD CO N Cl) O v ° N N' Cl) N Cl) S 6y L6 69 N r ° 00 o 0 m Ni c0 m N o� N N N V N N O S f» kM. m ° o I o CK aI 0 T N N N N O M OOi O I N M m ° O I O U W N CO Cl) 00 N N ci O 'c!' 'd' N o LO O N N CL CC C m ( O O p w Cl) a CL ° N N O N V tt co O 00 LL L! 1 O to Cl) LLI M: `� p c» Q p Z p U p 9 r m O � r Q ° o — Z a O° _ < IL Z Q. r z eY N CO N �— N r LO N F Q W a'Y N 4 a�— J J N it ® r W — N —t O m Q m U O W J I O U � W p � � I F-- � f � U � , F Q - r m X Q E O a. iL c� Q N h. O co 0 d. U O 4 c d � Q q a j L 0 F- m C3 CL L Q) Q. I w co CL J � I � L) co W I ` Z d W W U O � 0. V LIJ U �j 0' W 0 W � o o W Cf) } 0 0 m a O m o. co co to 0 _ 6-, >- o l® q= l CD ooa C 0 0 o CD o W m CO a o M CD N C) O 0) a CTC 0 C�8 co T 4n T t . CIA cr3 6$ eA � V f EH 64 } m O C � p , It w O 2 y } m o W N O �G.I B. W �� = ER z W m ( O Q Z 0 L u tw o J U' Z W E �'� 10w } a o� U�z Wch vQ® W W ® Oz v> H0U U U i D I tQ- W W �mmm O�C91- �Z m m U W 0 (D co U) Cn to to U 0 w co CL 10/30/2003 16:36 6263574756 PUBLIC tk10RKS ,tO/30/ 14 :01 CI+' "EC FN� [NEERJNG INC � 35747% r�l/ lli�S I?f ;U7 2040 203 0906 CAW t I tnsumnca Policy (th "Policy°) to v ieh this noti" aprlies: 7a,565951903, ? t`i�00282001 & 7CU30534204 insurer (tile 'Compaty "). AMERIW MOTOUSTS i.iSMWCF CO Policy Inception Dae: 01/ Policy No.: 7M65 L90?l # MOM= 7CU30534ZO4 Named insured (tb* "nwoad "): C' LTEC RNGIREER1110. I-Sc. The taiottCe lncaDtic° L`mt8 i3 01/01J03 PAGE 02/07 t tote 101002 For value received, "Qational IndemmitY Company (hereinatter referred to es aMtlorlat I.- WaMnitlr" agree thw fn the event the Coenpam goes not pay amounts otherwise payable under the Potiey as a fs*utt of a court of corrvetent jurisdiction or the sate imuranco tegulatorry author in the Company's demld iar= StOtt9 Cira;:ran TOT fatory authority issufrtig A order fIndng such Company to be insolvent or enteng an zrder to t' 00mp4ny which Iglally prot?lbits the :;ornpeny from fraying Policy amounts otherwise. pay 15ls becauas ar 'thO 4 ®rnpanyrs f'ranelsl Condit'.on, then Nazonal Indemnity will pay on behalf of tha COMPMY YIr % of +try amour° payable t:'y the Cornpany under tht Policy t "t has not bee pr0ouSly paid iry the C4mpar1. subject al °ways the 0"I terms, conditions. exetusac and iimiiations of the policy. Motional t- derrr+ety will make s:,cch pay -ent directly A the Insured for to its In.;d9agses, i'�F' Wgr ee°s or toss 9*yoes, 43 their inUmats ray apaad 6 the -rent of firt: -party cover ges, or dire;+,y to the claimant or claimants to whom the Insured is rally liable in the sent of thir6�paney i=v*061ges. As a m- coition of National tndernnity'a payment obligation, the It''4tred, eter rwceivr -9 aetual nr'�Ce of t� a receiverahip Qr - solvency of tree Company, shall pr�te100 prcrVt ytrritt�en Mdee to Natitstt�tf 1;t:erraatRy g,aeulan: Kemper Girt - Throw ; - m its atetWtory Moira Mice aas on recoro with tho NeScral A SO&adon of lnt::rarsca Comrnir,sioners, of L ,y claim or suit for which Natior'.at Jnderrtnity ma be liable by season of this agreement t°erain_ ,4$ a condition pry. -dent to payment hereunder, Natior►al indemnity shalt be deeMW ro have ®t the MY of the Company and be s.: rogatted to alt the rignis of the Insure-d tv tho extent of ow--h In the ,case of thirc -party liability ooveMgest payment shall be date WewndH onfy &ray o of be fcH0wn9 three conditions is rat: (1) the cWmwA obtWns a judgment eg t *e Insured Of the Cotoparty R40 tai A4 v ia[ by a court of compete*t jurisdiction; or (2) the claimant entem into a Saillemant with #10 Fnsuraa or fie Company approved by Naiiorat IrldarnnttY. or (3) tits Clair S01 enters into a se tiemint V40 the lruwre.: of ow £arvany approved toy the C :mpany prig to tt being declared insolvent or prgh'rbhad from paging amca nta due uru5er the Policy, None of the!e conditions Shall apply to first - pert}+ Covefeges, dnCiudini but not limited is any state workers* cornpenriation or TrIiar federal compensation coverages that may be provid*J by thQ Polley. IL 90 38 (Ed. 12 0�- Page I of a 10/30/2003 16:38 6263574756 PUBLIC WORKS PAGE 03/07 I0 /M/20M 14'131 CIV--EC EN(31NEERiNa INC 4 3574756 ww 01/1J/03 18.08 22949 .943 (1906 d.ARAIC 110a In the event the Notice Inception Date is knor than the Poky Inception Date, then this Notica does not apply to an damages, offense or loss of "y nature for,wNcli coversoe is otherAfte provWad under The poticy if such dMIA90-- off,anse or loss "q.ommer%ces* in whole r, or i partpi`ior to the Notice Inception Daw. even if such damages. affeAss or loss confinues, is alleged to continue, or is deemed to continue on or after the Notice firimption Date. For tht purposes of ft Notice only. * Commences* chail m-e-aw (t) first occurs, Is alleged to first occur or 15 deemed to firs occur: or (4) incepts, Is allegoO to incept or is darned to Itwoept, car (Iii) flirst: marlifests, is a9aged to have firs manifested, or Is deemed to have (list manifested. * Commonce' is the earliest point in time of (4, (4) or (W). Nation Indemnity has no liability to make gmyrnents of reirnburse any person f or payments if the payMenle W01`9 ftiared it connection with or were In any way related to Such tx-,luded damages, offense or loss. NATIONAL INDEMNITY COMPANY OWE Presiclart AMERICAN MOTRORISTS INSURANCE CO. 1 L7 i 1 0� chairman anti Ohio( Fzxecutive Officer 0 IL 60 38 (Ed. 1z 04) Pilau 2 of 2 Printed in U.C.A. 10/30/2003 16 :38 5263574755 10/30/2003 14.01 C I V "' 'EC e }rs$yranc® G9t�+Rbt�ias D PUBLIC WORKS ENGI wFp i W INC -) 35747% KemparfNattonal Indemnity PAGE 04/ ©7 ND 4 In the cv=i temper receives an order to cease policy payments or ii� deemed insolvent by a coin or regulatory order: For policies where the notice is provided at the policy inception dot, National Ccidemnnity Compaay (NICO) wilt pay, on behalf of Kemper 100% of policy payrnont obligations 1*1 previously paid by Kemper. Time obligations include: e Claim paymenrs to i ~uredds and claimaw, including paymena tai mortgagees and asssgnces r Legally payable dividends and retro premium o4ustments M ® for policies whcre the notice is provided e&ctive mid - tem, NIC© will pay on behalf of Kemper 100% of policy payment obligations not previously paid by Kemper for any claim where damages, loss or atfenn commences on or fez the date on which the notice was provided • All policy Ferns, coaditi=, exclusions and limitations of the orig policy continue to apply • There is no sunset provision on the payment obligation by NICO • Psalicy payments are immediately r vecable from NICO on a direct basis —first plece of recovery and no need to go through a liquidator or guarantee fund • NICO is rated ".A++" by A.M. Best and "AAA" by Standard. and Poors policyholder surplus of nearly $40.0 billion as of year =4 20 31 Disclailtter - Th;s is riot frttgrided tea be a legal fatletprvetcativta. The actual ~diaag o, f th-0 laotice 1011 always g6rern the appikation of this ctrl - krough aaalr'ee. Dui` 10/30/2003 16:38 6263574756 PAGE 05/07 Eagle Insurance Companies Q&A Regarding National Indemnity Cut-Through Agreement Q. What is a cut - through agreement and what does it mean for Kemper and Eagle? A. By providing a cut-through endorsement, National IadenulitY is providing the bacIdng Of i "A+ -+" rating for policies written by Kemper or Eagle under the agreement beginning on Jan. 1, 2003. The transaction is designed to allow Kemper the opportunity to continue to operate its core businesses while moving toward deinutualization, a process that we believe will ul.timattlY enable the company to access the capital it needs to improve its balance sheet, enhance its ratings and profitably execute its business plan. Q. When does the cut-through agreement begin? A, Jan. 1, 2003. The transaction is subject to certain closing conditions including regulatory and board approvals, and is expected to close in the first quarter of 2003. Applicable business under the agreement will have the endorsement attached retroactive to January 1, 2003, How will the cut-through ag reement affect Kemper's ratings? A. it w Cut-through agreements in and of themselves don't affect ratings. in our case, the cut - through agreement is a mechanism to address potential customer concerns about the rating pressure Kemper is under by putting the strength of National Indemnity behind us. Q. Does Kemper have the capital it needs to pay claims? A. Kouper has the capital to honor all of its obligations, as does Eagle Insurance Companies. Q. Why is Kemper repurchasing Berkshire Hathaway's minority interest in the company? A. Kemper is repurchasing for $125 million Berkshire's 15 percent minority equity interest in a Kemper subsidiary, Kemper Insurance Group. This allows Kemper to regain 100 percent ownership of the company and to streamline its organizational structure, which will help simplify the demutualLmuon process. The bottom line is that we believe the cut-duvigh is more valuable to us at this time than the $125 million. Q. What should I tell my clients who are concerned aboiat the recent rating action taken? A. The National indenirtity agreement addresses the concern by putting the "A strength of the largest member of Berkshire Hathaway's group of insurance companies behind Kemper. 10/30/2 16:38 6263574756 PUBLIC WORKS PAGE 06/07 Q. Why is the cut-through agreement necessary and what does Kemper and Eagle hope to achieve with it? A. The cut-through is necessary because Kemper is experiencing rating pressure, and Eagle, as part of the Kemper family, is directly affected by these rating changes. The cut - though agreement helps Kemper bridge through this difficult period as they work to streamline and restructure the company and prepare to demutualize. How long does the cut-through agreement last? Why dtd you select the time frame for the contract that you did? A. Tire agreement snakes th cut - through en dorsement available to us for 18 months, which provides Kemper with sufficient time to restructure the organization to make it more attractive to investors and execute its demutualization plans. We believe this will ultimately enable Kemper to access the capital it needs to improve its balance sheet enhance its ratings and profitably execute its business plan. What Kemper businesses will have the cut-through endorsement? A. In addition to Eagle Insurance Companies, middle rnarket workers' compensation, Commercial package, commercial auto, marine, small business, Financial Insurance Solutions/D&®, excess casualty, Kemper ProfesgionaVE&O, and GreatLand. Q. Can I get a copy of the cut-through endorsement? A. Yes. Keep in nand that this agreement has not yet been approved by regulators. We Will provide you with a summary of the endorsement in laymen's terms as soon as possible, and will provide you with a copy of the endorsement itself before we begin attaching it to policies. Q. Will the endorsement be filed in my state? A. Kemper will initially file the endorsement in Illinois, the state in which KanM is domiciled. Eventually, Kemper and Eagle may have to file the endorsement in additional states. What's the end result? A. The end result for all of the Kemper Insurance Companies is a smaller, less volatile, more stable and more consistently profitable operation. K e mper's, overall strategy is centered around standard commercial lines and key specialties. In addition to having some of the best talent in the industry, Kemper will continue to differentiate itself from the competition by its attractive product portfolio, its highly regarded service capability and the quality of the agents and brokers who distribute them. We believe Kemper's new organizzaon will be attractive to investors and will ultimately enable Kemper to access the capital needed to improve its balance sheet, enhance its rabrigs and profitably execute its business plans. 10/30/2003 16:38 6263574756 PUBLIC WORKS PAGE 07/07 Q, Why was Kemper downgraded by Moody's, S&P and A.M. Best? A. The primary drivers behind these rating downgrades are Kemper's stained capital position and Kemper's lack of flexibility in raising capital due to its status as a mutual ko=. Q. What Is demutualization? A. DernMalization is a process through which mutual companies convert to stockholder ownership_ Q. What will happen to the business I just placed with Kemper or Eagle? A. We will not cancel and rewrite policies. We have the capital necessary to meet our obligations for policy years 2002 and prior, The cut-through agreement provides security for the accounts we write as of January 1, 2003 and going forward. Q. Does the National Indemnity agreement signal any change in Kemper's or Eagle's appetite? A. Over the last several years Kemper business units, including Eagle, have worked with you to make sure there is a clear understanding of what business we prefer- We do not see any need at this time to change our appetite for specific classes of business for our go-forward businesses. Q. Does the agreement with National Indemnity mean that Berkshire Hathaway might own Kemper in the future? F.�Tlm Q. What happens to my contingency I earned on business I placed with Kemper or Eagle in 2002? A.. Kemper and Eagle will honor all cortingeney bonuses and will compensate you according to the prescribed agreement. How are Kemper Is profit centers performing? A. The cuumt accident year performance of Kemper's go forward businesses is strong. Eagle is just finishing the best year in our 17-year history, /�® 1 DATE (MM /DD/YYYY) L TM CERTIFICAT' OF LIABILITY INSURAC 'E 10/15/2003 PRODUCER (949)263 -0606 FAX (949)263 -0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE California DOI #0437762 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1500 Quail St., Suite 410 Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE NAIC # INSURED Civiltec Engineering, Inc. (CA) INSURERA: American Motorists Ins. Co.* 118 W. Lime Ave INSURERB: (c /o Kemper KSA) Monrovia, CA 91016 INSURER C: INSURER D: INSURER E: CnVFRAGFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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 LIE 4DD'L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DLYY) POLICY EXPIRATION LIMITS GENERAL LIABILITY 7RS65951903 01/01/2003 01/01/2004 EACH OCCURRENCE $ 1,000,000 - T COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES [Pa orrurence) $ 500, CLAIMS MADE ® OCCUR MED EXP (Any one person) $ 10 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY 7 PRO- LOC JECT AUTOMOBILE LIABILITY ANY AUTO F71100282001 01/01/2003 01/01/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000, X BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY 7RS65951903 01/01/2003 01/01/2004 EACH OCCURRENCE $ 4,000,000 X OCCUR ❑ CLAIMS MADE AGGREGATE $ 4,000,000 $ A $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND 7CW30534204 01/01/2003 01/01/2004 X I WC STATU- o F IR A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDEN $ 1, 000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER *10 days notice of cancellation for non - payment or non - reporting. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS certificate holder is named as additional insured as respects to general liability and auto liability jut only if required by written contract with the named insured prior to an occurrence and as per boverage form BP7434 and endt. CA7912. Waiver of Subrogation endt. WC040306 included respects work comp jnly. Coverage is subject to policy terms and conditions. *The insurer's policy payment obligations are jacked by a cut- through to National Ind. Co., an A ++ rated Berkshire Hathaway subsidiary endt. IL8038. City of Arcadia, its directors, officials, officers, employees, agents and volunteers Attn: Denise Weaver 11800 Goldring Rd. Arcadia, CA 91006 -6021 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Alicia Igram, AAI * /MARCY ACORD 25 (2001/08) ©ACORD CORPORATION 1988 ARCHITECTS AND E lINEERS PROGRAM ENDORS_ TENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: Civiltee Engineering, Inc. AMERICAN MOTORISTS POLICY NUMBER: 7RS65951903 INSURANCE COMPANY POLICY PERIOD: 01/01/03 to 01/01/04 ADDITIONAL INSURED: City of Arcadia, its directors, officials, officers, employees, agents and volunteers This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY C. Waiver of Subrogation: A. Additional Insured: The following is added to the Businessowners Liability Coverage Form, BP 71 08; Item 5. Of Section C. — WHO IS AN INSURED, is deleted and replaced by the following: 5. Additional Insureds — By Contract, Agreement Or Permit Any person or organization to whom or to which you are obligated by virture of a written contract, agreement or permit to provide such insurance as affored by this policy is an insured, but only with respect to liability arising out of: a. "Your work" for that insured by you; Permits issued by state or political subdivisions for operations performed by you; or c. Premises you own, rent, occupy or use. This provision does riot apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury,' "property damage," "personal injury" or "advertising injury." Paragraph 2., of the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition, of the Businessowners Common Policy Conditions, BP 71 10, is deleted and replaced by the following: 2. Applicable to Businessowners Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce their. This condition does not apply to Medical Expenses Coverage. b. After a loss you may waive your rights against another party in writing, only if, at the time of the loss, that party is one of the following: A business firm: B. Primary Coverage: With respect to claims arising out of the operations of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional Insureds. 1) Owned or controlled by you; or 2) That owns or controls you. "3 Countersigned by Authorized Representative BP 7434 (Ed. 07 99) Abbreviated Printed in U.S.A. Policy No: FR00282001 Named Insured: Civiltec Eng.__ - ,ering, Inc. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Additional Interest: City of Arcadia, its directors, officials, officers, employees, agents and volunteers The additional interest shown above is an "Insured" but only to the extent of their liability for the conduct of an "Insured" described in paragraphs a. and b. of Item A.1. WHO IS AN INSURED of Section II -- LIABILITY COVERAGE. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. CA 79 12 (Ed. 12 93) Printed in U.S.A. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY !s ftl a I mo (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/03 Policy No. 7CW30534204 Endorsement No. 1 Insured Civiltec Engineering, Inc. Premium Insurance Company AMERICAN MOTORISTS INSURANCE COMPANY (AMICO) Countersigned by SCHEDULE Person or Organization Job Description Anyone for whom the Named Insured has agreed to furnish this Waiver 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers compensation premium otherwise due on such remuneration. Subject to minimum premium of $100.00. THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. 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. i I ACORD 25 (2001/08) C.D CERTIFICAT' OF LIABILITY INSURM "" E 10/ PRODUCER (949)263 -0606 FAX (949)263 -0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE California DOI #0437762 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1500 Quail St., Suite 410 Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE NAIC # INSURED Civiltec Engineering, Inc. INSURERA: Continental Casualty Co 118 W. Lime Ave. INSURERB: (c /o Victor 0. Schinnerer) Monrovia, CA 91016 INSURER C: INSURER D: INSURER E: rnv 1=oAncc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDIN 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. NSR 4DD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIQDNY) POLICY EXPIRATION DATE (MMIDD/YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED MISFR (Fa nr $ CLAIMS MADE F-1 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ EP GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY 7 PRO JECT 7 LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F] CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- E.L. EACH ACC IDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ A OTH roessional Liability AEA006095590 01/01/2003 01/01/2004 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS I �10 day notice applies to non - payment E: Fire Flow Pump at Whispering Pines Booster Pump Station Project City of Arcadia, its directors, officials, officers, employees, agents and volunteers Attn: Denise Weaver 11800 Goldring Rd. Arcadia, CA 91006 -6021 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESE AUTHORIZED AUTHORIZED REPRESENTATIVE Alicia Igram, AAI* /MICHMA ACORD 25 (2001/08) ©ACORD CORPORATION 1988