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HomeMy WebLinkAboutC-18051. PARTIES AND DATE. This Agreement is made and entered into this 3l day of �® , 2001 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 RBF Consulting, a California Corporation with its principal place of business at 14725 Alton Parkway, Irvine, CA 92618 -2027 ( "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 planning, engineering, surveying, construction management and related professional 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 Santa Anita Reservoir No. 3 Rehabilitation 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 planning, engineering, surveying, construction management and related professional 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 August 1, 2001 to December 31, 2002, 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. RVPUBWGS \557188 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, which shall not be unreasonably withheld. 3.2.4 Substitution of Key Persomlel. 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: Jerome Ruddins and Scott Tatalovieh. RVPUB \NGS \557188 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 Jerome Ruddins, 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 perfonnance 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. RVPUBWGS \557188 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 h-isurance. 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: RVPUBWGS \557188 4 (A) General Liability. 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 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. R V PUB \NG S \557188 5 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 carving 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 TWO HUNDRED FORTY FIVE THOUSAND THREE HUNDRED FIVE DOLLARS AND NO CENTS ($245,305.00) 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 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. RVPUBWGS \557188 6 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 detennined 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 tenzzination, 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 terns 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: RVPUMNGS \557188 Consultant: City: RBF Consulting 14725 Alton Parkway Irvine, CA 92618 -2027 Attn: Jerome Ruddins (949) 472 -3505 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 RVPUBWGS \557188 8 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 hannless 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 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 Right to Employ Other Consultants. City reserves right to employ other consultants in conmection with this Project. 3.5.11 Successors and Assigns successors and assigns of the parties. RVPUSWGS \557188 9 This Agreement shall be binding on the 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 assigmnent, 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; SeverabilitX. 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. RVPUBWGS \557188 10 3.5.19 Equal OpportunitEmplo 11 n . 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 RBF CONSULTING By: qnAk By: ...�.� William R. Kelly J me Ruddins City Manager ATTEST° Cfy Clerk APPR O VED AS TO FORM: si�� P, 6_�(i Stephen P. Deitsch, City Attorney RVPUB \NGS \557188 11 EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide the following services: ATTACHED RVPUBWGS\557188 A -1 nta Anita Reservoir No. 3 Reharjaitation Project - Encgineerina and Construction M RBF has developed a methodology for successfully completing projects of this type on -time or ahead of schedule, and within budget. This methodology is based on 56 years of professional experience. We have found that the best formula for success is to team qualified and experienced individuals whom have worked successfully together on other projects, and support them with our firm's multi- disciplinary staff and selected specialty subconsultants. The RBF team includes experienced professionals whom will provide a proven project execution strategy and are ready to provide services immediately. This strategy includes the most important tool in a successful project, a work program, which outlines milestones and deliverables needed to meet the project goals. Key to a project of this complexity will be open lines of communication, conformance with the plans and specifications, monitoring the look ahead schedule, coordination with the City of Sierra Madre, and public safety. A brief description of our project understanding and project approach are provided below. Critical issues are identified and a scope of work has been developed. RBF understands the importance of the construction of this Reservoir Rehabilitation Project. The project includes: the construction of retrofitted reinforced concrete walls on the inside of the tank, a new diaphragm chord consisting of reinforced concrete installed at the reservoir roof, new inlet pipeline and valves with a flexible connection, retrofitted outlet pipeline, valves, and drain line with flexible connections, enlarging the roof hatch, two new pipeline penetrations into the side of the existing tank with manholes, and piping, appurtenances, bracing, wall and roof penetrations, stairway railing and outlet grating modifications. Based upon our pre- proposal meeting, we understand that the City has placed this project as a top priority and is requesting Professional Consulting Services to provide a turn -key operation to expedite the construction of this project. These services will include: Engineering Services to modify the Plans Specifications and Estimates to reflect the present conditions, providing Project Management assistance, bid and award services, pre- construction services, Construction Management, Contract Administration, Construction Inspection, Geotechnical and Material Testing Services, and establishment of Survey Control and monitoring, We have identified potential critical issues which include: public relations, site constraints, compressed time schedule, and public safety. The RBF Team has the technical resources and extensive experience to make the decisions necessary to keep the project on schedule. Based upon our understanding of the project and discussions with Construction Teams, we estimate this project will require seven months to complete. RBF is a full - service consulting firm and will be providing the Construction Management, Construction Inspection, Engineering Support, and Survey Services . We have teamed with Ninyo & Moore to provide the Materials Testing services, which includes budgets for soil compaction testing and City of Arcadia Revised August 14, 2001 FMF 1 -1 ion Proiect - Engineerinq and Construction Management Services structural concrete testing and inspection. SCOPE OF SERVICES RBF Consulting (RBF) shall perform the following: Task No. 1: Project Management 1.1 General Administration 1.1.1 RBF will provide services to administer the contract during the bidding, award, pre - construction, construction, and close -out phase of the project. 1.1.2 RBF will, at the beginning of this project, prepare a work plan to set forth the significant milestones and deliverables for the members to ensure compliance with the established project execution strategy and project goals. Presentation and review of the work plan will be done at the kick -off meeting. RBF shall forward an updated work plan to the City of Arcadia every 2 weeks. 1.1.3 RBF, along with the Project Team and subconsultants, shall coordinate efforts of the Project, monitor schedules and budgets, and administer the contract with the City of Arcadia. 1.1.4 RBF will provide a submittal schedule and revise /update, as required, due to changes. 1.1.5 RBF will coordinate construction activities with the City of Sierra Madre Public Works Department and Building Department, and coordinate with the City Arborist review potential impacts of the existing oak tree at the South -East corner of the reservoir. RBF will also coordinate with the County of Los Angeles to determine if the contractor can stockpile soil at the Santa Anita spreading grounds, located at the intersection of Elkins Avenue and Highland Oaks Drive. 1.2 Meetings 1.2.1 RBF will, at the commencement of the project, hold a "kick -off" meeting with the City of Arcadia Staff to discuss the scope and parameters of the projects as well as the City of Arcadia's experience with the existing facilities. During this meeting, specific goals to be accomplished will be identified and an effective strategy to accomplish the project goals will be developed. RBF will prepare a memorandum to document the established project goals and the project execution strategy. This memorandum will serve as the basis for subsequent action, in accordance with this Scope of Work. 1.2.2 After the kick -off meeting, prior to construction, RBF's Project Manager or Project Engineer shall meet weekly with the City of Arcadia. RBF shall assign appropriate engineering specialty staff or principals, or arrange for appropriate subconsultant's representatives to accompany the City of Arcadia Revised August 14, 2001 1 -2 Santa Anita Reservoir No. 3 Rehabilitation Proiect - Engineering and Construction Management Services management team, to meet with the City of Arcadia staff members. 1.2.3 RBF will arrange for and participate in informal meetings, as necessary, (in addition to the three mentioned above) with the City of Arcadia, to review progress of the project and exchange ideas and information. 1.2.4 At these Meetings with the City of Arcadia, RBF will discuss the key design issues and develop general project criteria for construction, including schedule and possible ways of minimizing problems. RBF will prepare and submit approved meeting agendas prior to each meeting. 1.2.5 RBF will record the minutes of all meetings and shall submit a copy of the minutes to the City of Arcadia within five (5) working days after each meeting. Task No. 2: Engineering and Construction Support 2.1 RBF will provide a constructability review. 2.2 RBF will provide 30 sets of Plans and Specifications to the City of Arcadia. 2.3 RBF will modify the Special Provisions to include the MBE /WBE compliance procedures received by the City of Arcadia. 2.4 RBF will notify contractors, conduct a project pre -bid meeting, write and issue addendums as required during the bid period, and review bids and provide a spread sheet with all the bids. 2.5 RBF will provide general contract administration for the construction of the Project. RBF shall provide office engineering and consultation, as required, and coordinate with the City of Arcadia and other staff in management of the construction contract. 2.6 RBF will interpret the contract documents through a total of ten Requests for Information (BFI's) or Requests for Clarification (RFC's). 2.7 RBF will review an estimated total of twenty construction shop drawings. RBF will review fabrication, and mill testing of equipment and materials for conformance with the contract plans, specifications, and documents. RBF will review a maximum of four material deviations or substitutions submitted by the Contractor for conformance with the specifications. Additional reviews will be provided based upon an additional work request authorized by the City of Arcadia. RBF shall submit to the City of Arcadia copies of all preliminary and final shop drawings which have been reviewed for conformance. a) RBF shall coordinate and direct testing of equipment, materials and appurtenances for conformance with design concepts and the construction contract plans, specifications and documents. Those tests will be conducted by the vendor or contractor to assure conformance with the designer's intent and operational criteria. City of Arcadia Revised August 14, 2001 1 -3 nta Anita Reservoir No. 3 Rehabifitation Proiect - Enaineerina and Cony b) RBF shall coordinate and assist in verification of intermediate and final acceptance. 2.8 RBF shall prepare supplementary sketches and details, as required, to resolve field construction problems which may be encountered. 2.9 RBF will identify long lead items. Task No. 3: Construction Management 3.1 RBF will meet with the City of Arcadia to discuss special concerns to be presented at the pre - construction conference. RBF will review the preliminary construction schedule. 3.2 RBF will conduct the pre- construction meeting and provide meeting minutes. 3.3 RBF will maintain a project Web Site during the project and update it on a weekly basis for the use of the City of Arcadia Project Manager. 3.4 RBF will chair a weekly construction site meeting to discuss: construction schedule, submittals, potential extra work, RFI's /RFC's, and public relations. Meeting minutes will be produced. RBF will submit an updated schedule at each weekly meeting. The schedule shall be prepared on Primarvera software. The Contractor will be responsible for providing a cost loaded schedule with progress payment schedules submitted to the Construction Manager. 3.5 RBF will clarify construction changes and irregularities. 3.6 RBF will submit progress payment requests to the City of Arcadia for approval after review for conformance with the contract documents. 3.7 RBF will monitor potential disputes of construction and specifications and mitigate toward resolution for claims avoidance. RBF will negotiate, prepare, and process change orders and /or extra work orders, as needed. 3.8 RBF will review up to date construction information recorded by the Construction Inspector during the course of construction to be used in preparation of the construction record drawings. 3.9 RBF will prepare Notice to Residents, and other documents, as required, and coordinate with the Contractor on the distribution of the documents. 3.10 RBF will prepare and send Statement of Working Day Reports. Task No. 4: Construction Inspection 4.1 RBF will provide a Construction Inspector to observe the construction activities to monitor materials and methods towards compliance with plans, specifications, and contract documents, and address and document nonconforming items as they are discovered. City of Arcadia Revised August 14, 2001 FMF 1 -4 Santa Anita Reservoir No. 3 Rehabilitation Proiect - Engineering and Construction Manaqement Services 4.2 RBF will furnish progress reports and the final construction report. 4.3 RBF will assist in quality assurance in achieving conformance with the contract plans and specifications. 4.4 RBF will assist and coordinate with the Contractor in the notification procedures for the benefit of the City of Arcadia to affected consumers and /or properties. 4.5 RBF will assist and coordinate with the Contractor in notifying affected properties of proposed temporary utility system shutdowns and detouring of or inconvenience to pedestrian and vehicular traffic during construction of the new facility. 4.6 RBF will maintain daily construction progress reports, project logs, photos, etc., of the progress of the construction work. RBF shall update the Web site with the following weekly documents: a) A copy of the daily construction progress reports and project logs. b) A summary of the construction progress for the prior reporting period. c) Weekly construction progress photographs, taken via Digital Camera. 4.7 RBF shall establish a punch list during construction. RBF shall update the punch list as construction progresses. RBF shall prepare subsequent and final inspections of the punch list items completed by the Contractor. 4.8 At the conclusion of the project, RBF shall submit a CD of construction progress photographs. Task No. 5: Surveying RBF shall provide field survey services to establish survey reference monuments tied to the existing tank and vertical datum. All survey crew personnel shall be under the direction of a Registered Civil Engineer or a Licensed Land Surveyor. 5.1 RBF will provide four reference monuments and a tie to the existing tank with vertical datum. 5.2 RBF will make two field trips during construction at the direction of the Construction Manager to review the contractors survey points. Exclusions to the scope of work include: construction staking, traffic control, re- staking for lost or destroyed stakes, as- constructed surveys, monitoring surveys, bore pit stakes, locations and elevations of existing underground pipelines and certifications of constructed waterlines or re- certification. Should Hazardous Materials be found during construction, RBF will be informed immediately. Additional compensation is required for Hazmat Crews. City of Arcadia Revised August 14, 2001 1 -5 Mana Task No. 6: Materials Testing Material testing, which includes soil compaction and structural concrete, will be provided by Ninyo & Moore, as a sub - consultant to RBF. We have included their proposal as an attachment. Task No. 7: Construction Close -Out 7.1 RBF will prepare and submit one set of Record Drawings on AutoCAD and submit electronic file on compact disc to the City of Arcadia. 7.2 RBF will prepare a punch list of deficiencies and follow -ups. 7.3 RBF will observe the contractor's successful completion of all work required by the punch list. 7.4 RBF will calculate the amount of final payment due the prime Contractor. Additional Services Services which are not specifically identified herein as services to be performed by RBF or its consultants are considered "Additional Services" for purposes of this Agreement. Client may request that RBF perform services which are Additional Services. However, RBF is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services. Exclusions Any work relating to the following is specifically excluded from the Professional Services proposed herein and, if required, must be contracted for under separate contract or as an addendum to this contract: • Utility potholing • Hazardous Waste Investigations. It is assumed that all site assessment/hazardous waste investigations, if necessary, will be provided by the City under separate contract to accommodate the project. • Construction survey • Any other work task not specifically set forth in the Scope of Services. City of Arcadia Revised August 14, 2001 Fd. 3F 1 -6 Santa Anita Reservoir No. 3 Rehaoilitation Project - Engineering and Construction Management Services Client Responsibilities 1. The City of Arcadia will assign a Project Manager to act as the project focal point. 2. Provide access to the site. ESTIMATED FEE The following is an estimate of fees based on time and materials. We have also attached a staff utilization schedule. Summary: Task 1 Project Management Task 2 Engineering Support Task 3 Construction Management Task 4 Construction Inspection Task 5 Surveying Task 6 Materials Testing (including lab test) Task 7 Construction Close -Out Direct / Reimbursable Costs ( mileage, reprographics ) Total Estimated Fee: $ 6,500 $ 33,781 $ 82,500 $ 81,804 $ 4,694 $ 26,186 $ 3,640 6,200 $ 245,305 City of Arcadia Revised August 14, 2001 1 -7 W. EXHIBIT "B" SCHEDULE OF SERVICES ATTACHED RVPUB \NGS \557188 B -1 w w U z O_ F Q N J h LL LL a F- U) w v w cn z w w U a z Q z _O U M H z O U z a 0 z w uj _z a z w nZ D a U a O H U U Li O m CL z O a m Q w rr Cl) O z O w w Q Z Q Q F- z 0 z U) z 0 U LL 00 Ct EXHIBIT "C" COMPENSATION ATTACHED RVPUB\NGS \557188 C -1 Santa Anita Reservoir No. 3 Reha,,ditation Project - Engineering and Cotistruction Management Services Hourly Rates: Project Manager $ 130 Structural Engineer $ 125 Construction Manager $ 125 Engineer $ 98 Sr. Construction Inspector $ 87 Survey Field Supervisor $ 100 Survey Crew $ 178 Clerical $ 45 Soil / Conc. PM- Engineer $ 123 Soil / Conc. Technician $ 71 Notes: These hourly rates are effective through July 31, 2002. Blueprinting reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15 %. A Subconsultant Management fee of 15% will be added to the direct cost of all subconsultant services in order to provide for the cost of administration, subconsultant consultation, and insurance. City of Arcadia Revised August 14, 2001 1 -1 CORD,. CERT' GATT IF LIAI PRODUCER Aon Risk Services, Inc. of Southern California 707 Wilshire Boulevard Suite 6000 Los Angeles CA 90017 -0460 USA INSURED RBF Consulting Robert Bein, William Frost & Associates P.O. Box 57057 Irvine CA 926197057 USA DATE (MM /DD /YY) r: 09/04/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR kLTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Travelers Property Casualty Ins Co INSURER B: Travelers Indemnity Co. of INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACTOR 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 I POLICYEFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICYNUMBER LIMITS DATE(MMtDD \YY) DA'IE(MM�DD \YY) A GENERAL LIABILITY 63050OD4092 11/30/00 11/30/01 EACH OCCURRENCE $1,000,000 Pack- %ne Policy �— X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $500,000 CLAIMS MADE X® OCCUR MED EXP (Any one mason) $5,000 X Deductible $0 PERSONAL & ADV INJURY $1,000,000 k GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PR4 PRODUCTS - COMP /OP AGG $2,000,000 X POLICY ® JECT ® LOC A AUTOMOBILE LIABILITY X ANY AUTO 81050OD4092 Automobile Policy 11/30/00 11/30/01 COMBINED SINGLE LIMIT a. (Eucid:nt) $1,000,000 BODILY INJURY ALL OWNED AUTOS EXCESS LIABILITY X OCCUR ® CLAIMS MADE DEDUCTIBLE RETENTION $ CUP50OD4092 UMBRELLA LIABILITY 11/30/00 11/30/01 SCHEDULED AUTOS $10,000,000 AGGREGATE $10,000,000 ( Per perscn) BODILYINJURY / X HIRED AUTOS WORlt3✓'RSCOMPENS4TIONAND EMPLOYERS' LIABILITY X NON OWNED AUTOS C STATU- H .� , (Per accident) PROPERTY DAMAGE E.L. DISEASE - POLICY LIMIT F.L. DISEASE -EA EMPI.,OYF,E OTHER _ (Per accident) DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS In event of non - payment of premium, 10 days notice of cancellation applies. Re: JN 10- 101779, Santa Anita Reservoir No. 3. See Additional Insured endorsement for Primary wording. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL C i tv of Arcadia 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Clerks Office BUT FAN VFION OR LIABIT�144 240 W. Huntington Dr. P.O. BOX 60021 AUTHORIZED REPRESENTATIVE J� Arcadia CA 91006 -6021 USA I " "vim - \- Certificate No : 570000666896 Holder Identifier : k ARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHERTHAN EA ACC AUTO ONLY : AGG B EXCESS LIABILITY X OCCUR ® CLAIMS MADE DEDUCTIBLE RETENTION $ CUP50OD4092 UMBRELLA LIABILITY 11/30/00 11/30/01 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 WORlt3✓'RSCOMPENS4TIONAND EMPLOYERS' LIABILITY C STATU- H .� , OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - POLICY LIMIT F.L. DISEASE -EA EMPI.,OYF,E OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS In event of non - payment of premium, 10 days notice of cancellation applies. Re: JN 10- 101779, Santa Anita Reservoir No. 3. See Additional Insured endorsement for Primary wording. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL C i tv of Arcadia 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Clerks Office BUT FAN VFION OR LIABIT�144 240 W. Huntington Dr. P.O. BOX 60021 AUTHORIZED REPRESENTATIVE J� Arcadia CA 91006 -6021 USA I " "vim - \- Certificate No : 570000666896 Holder Identifier : POLICY NUMBER: 63050OD4092 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Arcadia, City Clerks Office Re: JN 10- 101779, Santa Anita Reservoir No. 3 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Primary Insurance: It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects to any claim, loss or liability arising directly or indirectly from the insured's operations and any other insurance maintained by the additional insured shall be noncontributory with the insurance provided hereunder. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 rl i�nt - #� ti2�,S fi:7�i[ili6Yil� V.. ACOR ,M CERTIFICA E OF LIABILITY INSUI XNCE DATE (MMlD )NY) 9/4/01 PRODUCER Dealey, Renton & Associates P . O . BOX 10550 THIS CERTIFICATE ONLY HOLDER. ALTER IS ISSUED AS A MATTER OF INFORMATION AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711 -0550 EACH OCCURRENCE $ — - COMMERCIAL GENERAL L IABILITY 714 427-6810 FIRE DAMAGE (Any one fire) $ INSURERS AFFORDING COVERAGE INSURED RBF Consulting 14725 Alton Parkway Irvine, CA 92618 INSURERA Lloyds / Other ondon Ins. INSURER B ___..__ INSURER C: - - - — ______.__ �:... >r INSURER D INSURER E: - -- _. ! V COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I ExPIR TYPE OF INSURANCE POLICY NUMBER LIMITS LTR 1 PDATEYMM /DD/YY IPDATE MWDDNY) GENERAL LIABILITY EACH OCCURRENCE $ — - COMMERCIAL GENERAL L IABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE OCCUR i _ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ -- -- GEN'L AGGREGATE LIMITAPP LIES PER: PRODUCTS - COMP/OP AGG $ j —_ POLICY T PRO — LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT —� ANY AUTO (Ea accident) $ ALL OWNED AUTOS ( BODILY INJURY $ SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS j NON -OWNED AUTOS ! (Per accident) PROPERTY DAMAGE $ i (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ___ ANY AUTO r I AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE Is AGGREGATE OCCUR CLAIMS MADE DEDUCTIBLE $ RETENTION $ is WC STTU- WORKERS COMPENSATION AND ORY LIMITS iOER - - - — EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ -- E.L. DISEASE EA EMPLOYEEi $ — .._ E.L. DISEASE - POLICY LIMIT $ AI OTHER Professional IP00433000 11/30/00 11/30/011$1,000,000 Per Claim Liability I $1,000,000 Annual Aggr DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS If cancelled for non - payment of premium, 10 days notice given. RE: JN 10- 101779, Santa Anita Reservoir No. 3 ADDITIONAL INSURED City of Arcadia City Clerks Office 240 W. Huntington Dr. PO Box 60021 Arcadia, CA 91066 -6021 ACORD 25 -S (7/9711 r-, -F 1 ifMr,1 -� l C, SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL _0 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT MDUX&Dq$,jQPMMMIXX © ACORD CORPORATION 1988 pro CERTIFIC.` -E OF LIABILITY INSU.' NNCFSR 0H1 DATE ) OB /31/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSR LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PrideMark Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1820 E. First St., Ste #500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana CA 92705 GENERAL LIABILITY Phone: 714- 569 -2700 INSURERS AFFORDING COVERAGE INSURED INSURER A: Discover Property & Casualty - INSURER B: RBF Consulting: 14725 Alton Parkway Irvine CA 92718 y INSURER C: NSURER D: INSURER E:- (;0V tKA(itS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY ) POLICY EXPIRATION _ -- -- -- -- LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR MED EXP (Any one person) — $ - -- PERSONAL & ADV INJURY -- -- $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ POLICY PRO LOC Ll JECT 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 LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE --- - -- - -- - - -- $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY D123W00007 07/01/01 07/01/02 X TORY LIMITS ER E.L EACH ACCIDENT $ 1,000,000 E. L. DISEASE - EA EMPLOYE $ 1 , 0 0 0 , 000 E. L. DISEASE - POLICY LIMIT Vs 1 , 000 , 000 OTHER I I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: JN 10- 101779, Santa Anita Reservoir No. 3. Waiver of Subrogation per attached. ucm I IPK.H i C IIVLUCK N I AUUII IUNAL INSURED; INSURER LETTER: L ANGCLLA I IUN ARCAD -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Ii1AIL 30 DAYS WRITTEN City of Arcadia NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT LL City Clerks Ofice P.O. Box 60021 240 W. Huntington Dr. Arcadia CA 91006 -6021 ru.vrtv ca -o (r /of / UAL UKU L;UKYUKAI IUN 'I`JtSS WORKERS COMPENSATION AND "PLOYERS LIABILITY INSURANCE POL" WC 00 03 13 (Ed. 4 -d4) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule City of Arcadia, its directors, officials, officers, employees, agents and volunteers. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Premium Insured RBF CONSULTING D123W00007 �1 f i Insurance Company Countersigned by._.._____ DISCOVER PROPERTY & CASUALTY WC 00 03 13 (Ed. 4-84) cg 1983 National Council on Compensation Insurance.