05-0622_BAKALL, ERGUN_Transmittal to Bakall1
FA
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
W ..sanjuancapislrano. org
June 22, 2005
Ergun Bakall. P. E.
14 Bonsall
Irvine, CA 92602
Attention: Ergun Bakall, Principal
Dear Mr. Bakall:
UL
Y
MEM RS OF 7HE CITU COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A Personal Services Agreement related to preparation of an urban water management
plan update for 2005 is in the process of being executed. It will be issued upon receipt
of required documentation related to contract terms under Section 14. Insurance.
In particular, please forward a certificate of insurance, with an original signature from
your insurance company, providing evidence of coverage for auto liability and workers
compensation insurance. Insurance evidence may be faxed to (949) 493-1053 —
ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a
copy of the terms for your reference.
If you have questions specific to the contact, please contact the project manager, Joe
Mankawich, Associate Engineer (949) 487-4313. Please call Maria Guevara, Secretary,
(949) 443-6310 if you have questions regarding the forms of insurance needed.
Thank you,
Meg
City
cc:
CMC
Joe Mankawich, Associate Engineer
Amy Amirani, Public Works Director
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All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shalt be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive Automobile Liability
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
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$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.2 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.3 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount to the City
Clerk's office for certification that the insurance requirements of this Agreement have
been satisfied.
14.4 Notice of Cancel lation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.5 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
14.6 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
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