02-0320_BUTIER ENGINEERING INC_Transmittal to Butier � ate„ •
32400 PA9Eo ADELANTO iii MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675 gpp,p,[, DIANE L.BATHGATE
COLLENE CAMPBELL
(949) 493-1171 [snuislR 1961 JOHN S.GELFF
(949) 493-1053 (FAX) 1776 MATTHART
www.sanjuancapistrano.org, • • DAVID M.SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
March 20, 2002
Butier Engineering, Inc.
17782 #. 17th Street, Ste 107
Tustin, CA 92780
Attention: Mr. Mark M. Butier, Jr.
Dear Mr. Butler:
A Personal Services Agreement related to construction management services for the
SC-04 South Connectors Pipeline I & II Project was approved March 19, 2002 by the
City Council
All contract terms under Section 14. Insurance must be met prior to issuance of an
executed agreement or Notice to Proceed. Please provide the required evidence of
insurance to the City Clerk's office. I have enclosed copies of agreement pages that
cover these terms for your reference in supplying this documentation.
If you have questions specific to the contact, please contact the project manager,
Lonnie R. Curtis, Water Services Manager (949) 487-4307. If you have questions
regarding the forms of insurance needed, please contact Dawn Schanderl, Deputy City
Clerk'(949) 443-6310.
Thank you,
Meg one h CMC
City lerk
(949 443-63 8
enclosure: pages 4 — 6 of agreement
cc: Lonnie R. Curtis, Water Services Manager; Amy Amirani, Public Works Director;
C,Awn Schanderl, Deputy City Clerk
\/ DRUG USE
Is
San Juan Capistrano: Preserving the Past to Enhance the Future
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 shall 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 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 General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
Page 4
\\Sjcswl\W\ENG\CPTL\sc04_ext\const\agnd\CM PSA Butler_SC04.doc 2/15/02
14.2 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;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
14.3 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.
14.4 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, and an additional
insured endorsement to the Consultant's general liability and umbrella liability policies to
the City's City Clerk=s office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City=s General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancel lation/TermMation 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.
Page 5
\\Sjcsw1\W\ENG\CPTL\sc04_ext\const\agnd\CM PSA Butier_SC04.doc 2/15/02
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 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.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
To Consultant: Butier Engineering, Inc.
17782 E. 17th Street
Suite 107
Tustin, CA 92780
Attn: Mr. Mark M. Butier, Jr.
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Page 6
\\Sjcswl\W\ENG\CPTL\sc04_ext\const\agnd\CM PSA Butier_SC04.doc 2/15/02