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03-0123_MALCOLM PIRNIE, INC_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this (A3 day of 200 by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Malcolm Pirnie Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to provide construction management services for the Ground Water Recovery Project; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit'A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than March 4, 2005. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed four hundred ninety-nine thousand nine hundred thirteen dollars ($499,913), as set forth in Exhibit 'A" attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to 0 0 s perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services that have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to 2 0 0 this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. 3 0 0 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. 4 0 0 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 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 Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancel lation/Term!nation 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. 5 0 0 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: Public Works Director To Consultant: Malcolm Pirnie, Inc. 2000 Powell Street, Suite 1180 Emeryville, CA 94608 Attn: Peter Talbot, P. E. 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. 0 0 0 Section 18. Dispute Resolution. in the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS'). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: R. Monahan, City Clerk APPROVED AS TO FORM: John R. Sha , City Attorney CITY OF SAN JUAN Mayor C -CMU LTANT By: Malcolm Pirnie, Inc. 7 0 MALCOLM PIRNIE, INC. INDEPENDENT ENVIRONMENTALENGINEERS, SCIENTISTS 6 CONSULTANTS November 8, 2002 Ms. Amy Amirani Public Works Director City of San Juan Capistrano 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Ms. Amirani, Malcolm Pimie, Inc. is pleased to submit the attached scope of services and budget for the provision of design/construction management and contract administration services to the Capistrano Valley Water District (District) relating to the design, construction, financing and long- term operation of the Phase I Desalter Project. This submittal contains revisions based on our November 5, 2002 meeting. If I can answer any questions regarding the attached proposal, please feel free to contact me at (510) 735-3025. Kyle Performance Enhancement Consulting Enclosure: Final Revised Scope of Services, Resumes and Budget —Contract Administration Services forPhase I Desalter EXHIBIT "A" 2000 POWELL STREET SUITE 1180 EMERYVILLE, CA 94608 510-596-3060 fax 510-596-8855 http://www.pirnie.com acnri cn caeca 0 0 Contract Administration Services during Design and Construction Of The San Juan Basin Phase I Desalter Project for Capistrano Valley Water District Proposed Scope of Services and Budget Final Revision November 8, 2002 Submitted by 1W 1 MIROI 1 0 0 This Scope of Services describes Construction Management Engineering services to be provided by Malcolm Pixnie (ENGINEER) for the Capistrano Valley Water District (DISTRICT) associated with the Design, Construction, Financing and Operations Contract (CONTRACT) of the San Juan Basin Desalter Project (PROJECT). The ENGINEER shall act on behalf of the DISTRICT in the administra- tion of the CONTRACT and to provide assurance the PROJECT has been completed in accordance with the terms of the CONTRACT. The Construction Management Engineering services to be pro- vided under this Scope of Services shall include services related to the design, construction and ac- ceptance periods of the CONTRACT. This Scope of Services and associated budget is based on this assumption that the estimated duration of the design, construction and acceptance period of service is approximately twenty months. The last twelve months of the period of service will include the con- struction and start up and acceptance period. The work to be performed for the project consists of the following four types of services: 1) Task 1.0: Project Management/Contract Administration Services 2) Task 2.0: Design Review 3) Task 3.0: Services during Construction 4) Task 4.0: Acceptance Assistance Services Exhibit A identifies the specific tasks, as defined in these scope descriptions, required for each project and the estimated level of effort for each task. Exhibit A will identify required Tasks by refer- ence to this General Scope or modify the scope descriptions, if necessary. A409101 / NCA Capistrano Valley Water District, 06111/2002 U X V Contract Administration Seryice"Imse I oesalter F.;,,; ,;,, • �e Task 1.0 Prolect Management/CoMract Administration Manage and administer the services described in this Scope of Services during the design, con- struction and acceptance period of the PROJECT. Provide coordination between the ENGINEER, DISTRICT and ECO Resources (COMPANY), as well as other parties involved on behalf of the DISTRICT. Act as the primary point of contact between the COMPANY and the DISTRICT. Report the status of the ENGINEER's services, and the status of the overall PROJECT to the DISTRICT on a regular basis. This Scope of Services and associated budget assumes Task 1.0 to be a period of service of twenty months, with a level of effort of approximately 25 hours/month. 1.1 Project Management Provide administration and coordination of the ENGINEER's services during design, construc- tion, and acceptance of PROJECT. al Provide overall management and administration of ENGINEER's contract. al Review ENGINEER's project information, deliverables and reports, and maintain the ENGINEER's project budgets and schedules. 0 Establish and maintain the ENGINEER's project records, including plans, reports, and correspon- dence in accordance with procedures and policies of the DISTRICT. The administrative require- ments for this portion of Task 1.1 will be performed in conjunction with Task 1.3. ® Provide management of the ENGINEER's subconsultants. Ensure that all communication with subconsultants will be through the ENGINEER and will include the ENGINEER's recommended action, whether the items in question are teduucal or administrative. M Submit a monthly invoice and statement of progress by the last day of the month following the invoice period. The invoices should present all costs incurred during that period. ENGINEER should ensure timely billing by any sub consultant. The invoice should show the basis for all monthly invoice charges for the ENGINEER and its subconsultants for each task in the Scope of Work. The invoice should be prepared in a format acceptable to the DISTRICT. Each progress statement should also contain the ENGINEER's opinion as to the adequacy of fees remaining to perform all the services called for in the Scope of Work. In general, the invoices and progress statements will provide a similar level of detail and content as those that has been used in associa- tion with ENGINEER's prior work for the DISTRICT. 1.2 Progress RePertieg/Meetings/COMCI:Administratlon M Serve as the DISTRICT 's representative and primary point of contact in providing oversight and coordination of services conducted by the COMPANY according to the terms of the CONTRACT. at Attend and facilitate progress meetings, site visits and document review. A409101 INCA Capistrano valley Water District 06112!2002 x, j Contract Administration Services—Phase 1 Desaiter ;, ,. o �an W 1:W4 IRE — M Prepare a monthly progress report. In addition to a description of work completed, the statement of progress should include a listing of issues and topics to be monitored and resolved. 0 Monitor compliance with the submittal and schedule requirements of the CONTRACT. 11 Prepare agendas and facilitate monthly progress meetings with the DISTRICT, the COMPANY, regulatory agencies and other project participants as appropriate. Prepare and distribute meetings minutes to all progress -meeting participants. Following each meeting, update the list of issues and topics to be monitored and resolved. 12 Certify Progress Payments -based on ENGINEER's review of the Work (in design or Construction) ENGINEER shall review progress payment applications by the COMPANY on behalf of the DISTRICT. ENGINEER shall make recommendation for payment if appropriate. nl Monitor easement and land acquisitions as described in the CONTRACT. ENGINEER shall also coordinate the DISTRICT's participation in the permit program. le Monitor the public outreach program to verify its conformance with the requirements of the CONTRACT. In Assist the DISTRICT in responding to questions from the public. M In accordance with the CONTRACT monitor compliance with MNDs, the MWD and SJBA agreements and other defined (by CONTRACT) requirements (such as the provisions re Dance - hall). 1.3 Records Management Receive, categorize and maintain the project record. ENGINEER shall receive and distribute all correspondence and submittals between the DISTRICT and the COMPANY. One copy of each shall be maintained by the ENGINEER to be turned over to the DISTRICT upon completion of the ENGINEER's services. ENGINEER shall deliver one set of project record file documents to DISTRICT. The level of effort for Task 1.3 and the administrative requirements for Task 1.2, antici- pated, is approximately one man-day/month. Task 2 Design Review Provide oversight of the design direction and intent. This oversight is intended to check that the design of the PROJECT is consistent with the minimum conceptual design criteria for the De- sign/Build Work, as well as certain Acceptance Standards that the Project is to meet. This Scope of Work and associated budget assumes that the period of service for Task 2.0 will be approximately nine months. A level of effort of approximately 2 man -months (360 hours) over the nine-month pe- riod is anticipated. 2.1 Review and Moellering of Design Submittal Protocol ENGINEER will review the COMPANY's Design submittals in accordance with the Protocol of Appendix 6 of the CONTRACT between the DISTRICT and the COMPANY. It is anticipated the Pro- tocol will identify the key submittal packages to be prepared by the COMPANY; the expected date for each submittal; the estimated time for review, acceptance and/or approval; and will identify I A409101 INCA Capistrano valley water District 0611M002 3 " Contract Administration Settees—Phase I Desalter '; U agencies having final acceptance or approval responsibilities for permit applications and other such submittals. The Design Submittal Protocol shall also identify the dates of the design progress meet- ings, as well as the dates of any periodic design coordination meetings proposed by the COMPANY firm. ENGINEER will monitor the progress of design by attending the project coordination meetings and the progress meetings held to provide a forum for review and discussion of design/engineering related issues. These meetings will enable the ENGINEER to monitor the COMPANY's compliance with the schedules provided in its Design Review Protocol and provide oversight of the COMPANY's design process. The following list represents a sampling of the submittals to be monitored by the COMPANY firm in its Design Submittal Protocol: 11 Project Management Plan In Project Master CPM Summary Schedule and Design Period Schedule E Geotechnical Investigation Plan and Geotechnical Report 0 Basis of Design Memoranda ® 30% design progress plans and specifications al Final design plans and specifications at Design Quality Assurance/Quality Control Plan Compliance Documents ENGINEER shall provide review comments on the COMPANY's Design Submittal Protocol. ® ENGINEER shall provide memoranda, as needed, to monitor design progress in comparison with the schedules indicated in the Design Submittal Protocol. aI Process design change order requests by the COMPANY and make recommendation to the DISTRICT as to their validity in accordance with the CONTRACT. 22 Resign Reviews ENGINEER will review design submittals for consistency with established project criteria, per- formance requirements and the COMPANY's Proposal and CONTRACT. The design process requires that the ENGINEER, the DISTRICT and the COMPANY work coop- eratively to assure both effective design and design review. ENGINEER will develop and implement a procedure for conducting design reviews in a timely manner. The design reviews will generally as- sess the level of quality and completeness of the design submittals and determine that project com- mitments and requirements identified in the CONTRACT are met. Specific criteria for review of the COMPANY firm's design work will be determined by the ENGINEER and the DISTRICT. These reviews will permit the ENGINEER to monitor that deliverables are being submitted, that materials of construction are appropriate, and that maintainability and constructability issues such as access and existing conditions have been considered. The Design Reviews are intended to: A409101 INCA Capistrano valley water District z 06/1212002 t` ,,4, , t' Contract Administration Services—Phase 1 Basalter ; 0 Indicate whether the COMPANY's submittals conform to the CONTRACT, address maintainabil- ity, operability and constructability issues, incorporate the DISTRICT 's prior review comments and include relevant regulatory requirements; 13 Determine if the design considers future operation and maintenance needs and that appropriate access is provided to permit future entry; Review the design for compliance with industry standards and conformance with project per- formance standards. 0 Review comments on documents prepared by the COMPANY in support of the DESALTER Pro- ject. 22 Design Coordination Meetings It is anticipated periodic design coordination meetings will be held by the COMPANY to provide a forum for review and discussion of design/engineering related issues. ENGINEER will participate in these meetings, providing technical assistance to the DISTRICT. N Meeting notes and written comments on coordination meeting documents shall be prepared by ENGINEER and distributed to DISTRICT and COMPANY. Task 3 Contract Administration Services during Construction Serve as the DISTRICT's administrative representative during construction, to monitor compli- ance with the approved design plans and specifications and the intent of the CONTRACT. This Scope of Work and associated budget assumes the period of service for Task 3.0 will be approximately twelve (12) months including start-up and acceptance. The average level of effort of approximately 200 hours/month plus the effort required to monitor the well construction by our sub consultant GTC Inc. is budgeted. A part time Resident Representative and a part time junior field Engineer shall provide the major portion of the Task 3 services. The services for Task 3 are budgeted over the first eleven months of the twelve month construction period. 3.1 Construction Administration Moniteriou In accordance with the CONTRACT, the ENGINEER will review construction administration ac- tivities and participate in monthly construction progress meetings to verify compliance with the ap- proved design and intent of the CONTRACT. ENGINEER will provide overall administration services and act as the DISTRICT 's representa- tive during the entire construction and acceptance periods of this PROJECT. Services shall include, but not be limited to, the following activities: Attend construction progress meetings. * Audit the COMPANY's shop drawing review process, Assist in the resolution of problems, Address construction issues. I Review the COMPANY's project quality assurance and quality control protocols, j A409101 / NCA Capistrano vailev Water District 06/12/2002 fr 5 j Contract Administration Services—Phase t Desalter * Prepare construction compliance reports. * Coordinate the integration of the COMPANY's SCADA system with the DISTRICT's system and the DISTRICT's SCADA sub contractor (NDI). ® Monitor the permits application program as defined in the CONTRACT. • Assist in other services required to coordinate construction, start-up, testing and acceptance pe- riod activities. • Process construction change order requests by the COMPANY and make recommendation to the DISTRICT as to their validity in accordance with the CONTRACT. ENGINEER will prepare for and attend construction progress meetings and will prepare agenda and meeting minutes. It is anticipated that the COMPANY will solicit the ENGINEER's input on a regular basis. ENGINEER will interpret and clarify to the COMPANY's requests for information (RFI) or clarification of the Performance Requirements and provisions of the CONTRACT. In addi- tion, the ENGINEER will manage the process such that the Substantial Completion and the Construc- tion Phase Closeout milestones are carried out in accordance with the CONTRACT. ENGINEER will create and maintain an itemized punch list and punch list tracking system, with associated costs, as required to manage and document any payment to be withheld against retainage. ® Prepare meeting notes and monthly construction summaries. 13 Provide written responses to construction submittal reviews, clarification requests (RFIs) and pro- ject quality and warranty monitoring. 0 Prepare Construction Compliance Reports. 82 CONUMCtlea Phase Sabmlttal Review mealterlog Provide oversight of the COMPANY's submittal review program related to construction layouts, shop, construction and working drawings, samples and schedules, and the results of tests and inspec- tions and other data. This oversight role is intended to assist the DISTRICT in ensuring that the COMPANY firm retains its full responsibility for quality assurance/quality control (QA/QC) during the design, construction and testing phases of the Program, and implements procedures which will appropriately manage all quality aspects of the Program. ENGINEER will establish and implement means to confirm that the COMPANY's designer has an adequate QA/QC program in place. This auditing function will monitor the COMPANY's Submittal Review Program as it relates to construction layout, shop, construction and working drawings, sam- ples and schedules, the results of tests and inspections and other data used to document conformance with design concepts as described in the COMPANY Contract, and the substitution of specified mate- rials. ENGINEER will monitor that construction changes and clarifications are consistent with the ap- proved design requirements, and that the resolution of any technical and construction issues(based on ENGINEER's opinion) do not compromise performance, operability or maintenance. ENGINEER will review selected submittals to determine compliance with project performance requirements and A409101 / NCA - Capistrano Valley Water District' 06/12/2002 '? �6 Contract Administration Services—Phase i Desaiter, y� MALCUM PIRNIE the CONTRACT. ENGINEER will create and maintain a submittal checklist to identify overdue sub- mittals, if provisions in the CONTRACT allow without cost implications to the DISTRICT. 32 Contin alen ObservaUen Monitor construction progress in order to check conformance with the minimum design require- ments of the CONTRACT. ENGINEER will observe the construction progress throughout the construction, and acceptance periods. ENGINEER will serve as the point of contact with the COMPANY's on site construction management. ENGINEER will act as a liaison between the DISTRICT 's Project Manager, and the COMPANY. ENGINEER will: 0 Review construction is progress, as scheduled in the CONTRACT, E Review the materials procured and the construction methods used for compliance with the CONTRACT, 11 Review the effectiveness of COMPANY's Construction Quality Control Program, provide over- sight of the COMPANY's inspections program, 0 Review and verify construction is accomplished in accordance with final design documents and shop drawings, and in accordance with the CONTRACT, at Review test results, * Review compliance with applicable environmental permits and certificates, as well as mitigation requirements, * Review "as -built" drawings, to verify their completion in accordance with the CONTRACT, ® Obtain and review required project records for transmittal to the DISTRICT; including written warranties, test certificates, test results, and other documents required to be prepared and submit- ted as a condition of final completion, including a Certification of Compliance from the local Con- servation District, if required, 21 Obtain from the COMPANY detailed written reports for any safety incident or accident that oc- curred on the site, * Prepare meeting minutes and compliance memoranda, * Track abnormal events that may impact a deadline exemption by the COMPANY, 3 Observe Construction and Testing of eight (S) Brackish Groundwater Wells which includes drill- ing observation, responding to Requests for Information, review of the well design submittals, providing specification clarification, observation and review of the eight well pump tests and data analysis and progress meetings. Task 4 ACCaptanCe Assist DISTRICT in assuring that the "Acceptance Date Conditions" have been achieved as re- i quired in Article VII of the CONTRACT. Monitor compliance with Construction Acceptance Testing Requirements. The anticipated period of service will cover from the submission the Acceptance Test j A409101 / NCA Capistrano Valley Water District 06/1212002 Contract Administration Services—Pbass i Desaiter UMA Plan to Acceptance. The anticipated level of effort is approximately 40 hours for review and com- ment to the test plan, 80 hours for observation/witnessing and 40 hours for the review and concur- rence activities necessary for Acceptance. It is anticipated these services will be required during the last month of the twelve-month construction period and are budget to occur as such. One man -month is budgeted for Task 4. U Aceopmece Testino Services ENGINEER will review the testing protocols, assist the DISTRICT with obtaining approval of the testing procedures from The California Department of Health Services (CADHS), observe testing, and analyze the results to determine whether the performance guarantees and acceptance standards in the CONTRACT have been met. ENGINEER will review the COMPANY's comprehensive testing and start-up program and assist in the development of a schedule that is acceptable to the DISTRICT. ENGINEER will review and comment on the COMPANY'S detailed Acceptance Test Plan submitted in accordance with Article VII of the CONTRACT. The review will be for conformance with the requirements of Appendix 8 of the CONTRACT. ENGINEER will coordinate the submittal of the final testing and acceptance pro- gram to the DISTRICT in accordance with the provisions of the CONTRACT. ENGINEER will provide the services of personnel with technical expertise in Acceptance Testing requirements to evaluate the Acceptance Testing effort of the COMPANY. These individuals will be involved in some or all of the following activities: In Review and comment on the COMPANY's Acceptance Testing Protocol, Meet with the DISTRICT and the COMPANY to refine the Testing Protocol, * Assist the DISTRICT in presenting the Protocol to CADHS, as Observe the Acceptance Test, and 0 Review the Acceptance Testing Reports prepared by the COMPANY ENGINEER will review the testing procedures proposed by the COMPANY to assure a compre- hensive testing protocol and schedule is acceptable to the DISTRICT. The final testing must have CADHS approval. ENGINEER will monitor that the COMPANY's activities are performed in accordance with the CONTRACT Requirements and approved submittals. ENGINEER will identify testing problems and manage resolution to support maintenance of the schedule.. ENGINEER will conduct meetings and address -testing issues as needed to facilitate this objective and on behalf of the DISTRICT assist in the resolution of construction issues for the benefit of the DISTRICT. 4.2 Acceptance Services M Review the substantial completion testing of systems, including assisting with inspections and punch list preparation, i A409101 / NCA Capistrano Valley Water District 06n2/2002 Contract Administration Service"hose I Beselter MALCUM PIRNIE 13 ENGINEER shall perform the final inspection of the construction, and punchlist completion in- spections in accordance with the CONTRACT, 8 Review the O&M Manual to confirm its conformance with the CONTRACT requirements, at Review the COMPANY'S proposed Acceptance Test Plan, 0 Provide Technical assistance during acceptance, 11 Assist in performance evaluation and certification. ENGINEER will review testing and acceptance by the COMPANY for compliance with the re- quirements of the CONTRACT. ENGINEER will attend meetings with the DISTRICT, as needed, and address testing and accep- tance issues. ENGINEER will provide technical support and assistance to the DISTRICT throughout the accep- tance phase, including test witnessing, final inspection and other services as necessary. ENGINEER will assist the DISTRICT in review of the Test Report submittal (see section 7.6 of Ar- ticle VII of the CONTRACT). DISTRICT ENGINEER will review for completeness of the data sup- plied therein and comment as to the level of satisfaction of the Acceptance Standards and all other re- quirements of Appendix 8 of the CONTRACT. A409101 INCA Capistrano Valley Water District t os/luzooz Contract Administration Serfte"bose 1 Desalter V % x O m� k- fi o a a m g • 11 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Eric Bauman, Water Engineering Manager FROM: Mitzi Ortiz, Deputy City Clerk DATE: August 1, 2005 SITUATION: At their meeting on December 3, 2002, the City Council of the City of San Juan Capistrano approved a Personal Services Agreement with Malcolm Pirnie, Inc. to provide construction management services for the Ground Water Recovery Project. ACTION REQUESTED: Said Agreement states services shall be completed by March 4, 2005. On February 2, 2005, agreement extended to August 31, 2005. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION'S DATE SIGNED: 12/y r— Tickler Date: 02/01/05 Deadline Date: 03/04/05 (600.30/malcolm pirnie 4) ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** 08/01/05 08/31/05 0 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Eric Bauman, Water Engineering Manager FROM: Mitzi Ortiz, Deputy City Clerk DATE: February 1, 2005 SITUATION: At their meeting on December 3, 2002, the City Council of the City of San Juan Capistrano approved a Personal Services Agreement with Malcolm Pirnie, Inc. to provide construction management services for the Ground Water Recovery Project. ACTION REQUESTED: Said Agreement states services shall be completed by March 4, 2005 Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: /90 �/a� r DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 07101/05 Deadline Date: 03/04/05 (600.30/malcolm pirnie 4) V�u -his em,ficale is executed by Liberty Mutual Insurance Group as respects such insurance as Is afforded by those companies. HMWbS Certificate of Insurance This certificate is issued as a made, i f imbentation only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend, extend, mailer the coverage afforded by the policies listed below. This is to certify that (Name and address of Insured) MALCOLM PIRNIE INC 104 CORPORATE PARK DRIVE WHITE PLAINS, NY 10604 Is, at tire Issue dare or tors certmcam, MIL Is not altered b anyreuirement, tern or Ex iration T e Continuous" Extended X Policy Tetra Workers Compensation General Liability Claims Made Occurrence Retro Date Automobile Liability Owned Non -Owned Hired O M M E N T 02/01/2006 to all their turn., exclusions and conditions and WC7-121-092033-015 Coverage afforded under WC law of Employers Liability the following states: Bodily Injury By Accident All States Except Monopolistic States $1,000,000 Each Accident Bodily Injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease $1,000,000 Each Person General Aggregate -Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability I Per Personal and Advertising Injury I Per Person / Other Liability Other Liability Each Accident - Single Limit - B. 1. and P. D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence CLAUSE DOES NOT APPLY TO NON-PAYMENT OF PREMIUM'" 'It the CuMfiCate expiration date Is continuous or extended tern, you will be nohtled It coverage Is terminated or perfumer belme me certn¢ate expiration date. However, you will not de nounea annually of the continuation of coverage. Special Notice - Ohio: Any person who, with intent to defraud or knowing that he / she is facilitating a fraud against an insurer, subndtss an application or files a claims containing a false or deceptive statement is guilty of insurance Bond. Important information to Florida policyholders and certificate holders: in the event you have any questions or need information about this certificate for any reason, please contact your local sales producer, whose name and telephone number appears in the lower left comer ofthis certificate. The appropriate local sales office mailing address may also be obtained bycalling this number. Notice of cancellation: (not applicable unless a mmuber of days is entered below). Before are stated expiration datethe company will not cancel or reduce the insurance afforded under the above policies until at least 30 days notice ofmch cancellation bas been mailed to: Office: TARRYTOWN, NY -COMM MKTS Phone: 914-332-9770 Certificate Halder: SUSAN RYAN ATTN: ERIC BAUMAN Authorized Representative CITY OF SAN JUAN CAPISTRANO l 32400 PASEO ADELONTO / SAN JUAN CAPISTRANO, CA 92675 / Date Issued: 02/04/2005 Prepared By: SR 0 February 17, 2005 Mr. Eric Bauman City of San Juan Capistrano 32400 Paseo Adelonto San Juan Capistrano, CA 92675 IT—rm-SEMMiR11M MALCOLM PIRNIE, INC. SCIENTISTS & CONSULTANTS Enclosed please find the Workers' Compensation insurance certificate you requested. You will receive, under separate cover, the other insurance certificate(s) you requested. If you have any questions, please feel free to call me on 914-641-2445. Sincerely, Linda L. Cibrario Insurance Coordinator Encl. 104 CORPORATE PARK DRIVE BOX 751 WHITE PLAINS, NY 10602-0751 914-694-2100 fax 914-694-9286 http://www.pirrie.com CERTIFICAT OF LIABILITY INSURA E MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DATE 1sACORD, PRODUCER (908)654-0300 FAX ( Sl api n -Li eb & Co. 200 Sheffield Street Suite 104 Mountainside, NJ 07092-2314 654-0332 THIS CERTIFICATE ISWSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Malcolm Pirnie, Inc. 104 Corporate Park Drive P. 0. BOX 751 White Plains, NY 10602-0751 POLICY EXPIRATION INSURERA Transcontinental Ins. Company 20486 INSURERB Continental Casualty Company 20443 INSURER 02/01/2005 INSURER EACH OCCURRENCE $ 1,000,00 INSURER E 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 INSR ADCYN TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 02/01/2005 02/01/2006 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE [X OCCUR TCP 276336602 SEE ATTACHED MED EXP (Any one person) $ 10,000 AT— FOR COMMENTS PERSONAL B ADV INJURY $ 1,000,000 IF ANY GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY JECT X LOC X AUTOMOBILE LIABILITY 02/01/200.5 02/01/2006 COMBINED SINGLE LIMIT X ANY AUTO BUA 2082790277 $ (Ea accident) 1,000,00 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) A BODILY INJURY X HIREDAUTOS SEE ATTACHED X NDN -OWNED AUTOS FOR COMMENTS (Per accident) $ IF ANY PROPERTY DAMAGE $ (Per .cadent) GAR AGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO AUTO ONLY AGG $ E%CESSIUMBRELLA LIABILITY O2/O1/2005 02/01/2006 EACH OCCURRENCE $ 20,000,000 X OCCUR r_1 CLAIMS MADE CUP 2082790280 AGGREGATE $ 20,000,000 B SEE ATTACHED $ DeoucnBLE FOR COMMENTS $ X RETENnory $ 10,00C IF ANY $ WORKERS COMPENSATION AND WC STATU- OTH- CRYEMPLOYERS' LIABILITY EL EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE EL DISEASE - EA EMPLOYEE $ OFFICERIMEMSER EXCLUDED'+ yes a under SPECIAL PROVISIONS below E L DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: SC -04 South Connector Pipeline/Procurement Services. ....See attached for details..... `Except 10 days premium non-payment. City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DA THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O°' DA ITTEN NOTICE TO THE CERTIF ATE HOLDER NAMED TO THE LEFT, BUT FA R O MAIL SUCH NOTICE SHALL 1 OSE NO OBLIGATION OR LIABILITY OF Y UPON THE INSU ^TS AG S OR REPRESENTATIVES. ©ACORD CORPOR/tTION 1988 City of San Juan Capistrano Certificate issued to City of San Juan Capistrano 02/10/2005 Slapin-Lieb & Co. Endorsements or Modifications as Applicable: General Liability (CG 0001 10/01): 1/A, 2, 3, 4, 5, 6 Automobile (CA 0001 10/01): 1/B, 3, 4, 5, 6 Excess Liability: 1/C, 2, 3, 5, 6 OPERATIONS OF THE NAMED INSURED INCLUDING SC -04 SOUTH CONNECTOR PIPELINE/PROCUREMENT SERVICES. 1/A: If required by written contract or agreement, City of San Juan Capistrano and Capistrano Valley Water District are included as additional insureds, but only for work performed by the Insured, per G- 140331 -A (01/01) (copy attached). 1/B: If required by written contract or agreement, City of San Juan Capistrano and Capistrano Valley Water District are included as additional insureds, per CA 20 48 (02/99) (copy attached). 1/C: If required by written contract or agreement, City of San Juan Capistrano and Capistrano Valley Water District are included as additional insureds, per G -18669-A (10/92) (copy attached). 2: Excludes Professional Liability 3. If required by written contract or agreement, includes Waiver of Subrogation. 4. If required by written contract or agreement, this Insurance is primary to the extent converage is provided by the policy, to the coverage of the Certificate Holder as respects work performed for the Certificate Holder by the Insured. S. If required by written contract or agreement, includes Contractual Liability Insurance to the extent coverage is provided by the policy. 6. If required by written contract or agreement, includes Severability of Interest. • Ideal Ek=M 205758'1262 G-140UI-A CNA (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM.OR SUIT. SEE PARAGRAPH CA. OF THIS -ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CH %NGES THE POLICY. PLEASE READ IT C,4REFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONA. INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIQILITr COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: (Coverage under this endorsement is not affected by an entry or lack at entry in the Schedule above.) A. WHO IS AN INSURED (Seaton 11) is amended to include as an insured any person nr organization, including airy person or ongar&atien shown in die mhedule above. (called additional insured) whom you are required to add as an addit anal insured on this policy under a written contact or Written agreement: but the written contact or Written agreement must be: 1. Currently in effect or becoming effective during the term of this pallor and 2. Executed prior to the 'body i ijury,' 'property damage; or'personal and advedising injury'. E. The insuranoe provided Io the addiional insured is limited as fotlows: 1. That person or organization is an additional Insured solely for liability due to your negligence 5peoifioally resulting from your work' for the additional ucsured which is ex subject of the written contract or written agreement No coverage applies to liability raiulthtg from the sole negligence of f1t0 addisoral tnsured. 2. The Limits of Insurance applicable to the additional insured are those !;pecified in the written contractor Written agreement or it the Declarations of this policy, wr ichever is less, These Limb of hrsurance are ndus"we of, and not in addition to, the Limits of I isurance shown in the Declarations 6-140331-A (Ed. 01/01) 3. The coverage prov ded k, the additional insured by this endorsement ani paragraph f. of the definition of 'insures rantractf under DEFINITIONS (Section V) do not' appy to "twdity injury' or -property damage arising out of the 'products-complelgd operations hazartr unless required by the wt tten contract or written agreement. 4. The insurance provided tit the additional insured does not appy to 'bcdty, injury,' 'property damage,' or 'personal rind advertising injury" arising out of an architect's. engineers, or surveyors rendering of c r failure to render any professional services Ind jding* a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions. reports, mrveys, field orders. change orders or drawings and specifications. and b. Supervisory, or inspection activities performed as pz rt of any related archltedomt or engin Bering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL IJASILrtY COMMONS are amended as follows: Page 1 of 2 .• C 1- The fdlowfng is added g the DUtes In The Event of Occurrence, pfferise, Claim or Suit Condi*in. o- An additional insured under this endorsement wll as soon a: prac6eable: (1) Give written notice of an occurrence or an offense to us which may resuff in a claim or'su)r under insuranc* , (2) Tender the defense aid indemnity of MY claim or 'suit to a,y otfier insurer Which also has irisuraru:e for a loss we =ver under this Coverage Pan; and . (3) Agree to make availrible any other insurance which the addi0orial insured has for a loss we pryer under this Ccveage Part G -140331-A (Ed. OV01) 0 G 140331-A (Ed. 01/011 f We have no duty to *Tend or indemnify an additional insured u.ider this endorsement until we recGhe Wtitian notice of a claim or 'suT from the additic nal insured. Z. Paragraph 4.kx of the Otter Insurance Condition is deleted and replaced ulth the following: 4, Other Insurance b. Excess lmuranc:e Tills ir>_surarioe l: access over anyother insurance namirnl the additional insured as an insured whether primary, excess contingent or on any other basis unkss a written contract or written agreement specAoaly requivs that this insun inre be either primary or primary and noncontributing. Page 2 of 2 • POLICY NUMBER: 11 COrUAERCUL AUTO CA 20 48 02 99 THIS ENDORSEMENT CH4NGES THE POLICY, PLEASE READ IT CAREFULLY, DESIGNATED INSURED This endorsement modifies tmnasice provided under the following: BUSINFSS AUTO COVERAGETORM GARAGE COVERAGE FORM MOTOR CARRMR COVERAG; FORM TRUCKERS COVERAGE FOR] d Witht to coverage provided b) this endorsement, the provisions of the Coverag+e'Foan apply unless modiSac this endorsement. This endorsement identities persoi(s ) or organization(s) who are "insaeds" tinder the Who Is An Insured. Provision of the Covera„re Foca Thi; endorsemeut does not alter coverage provided v 1 the Coverage Fong. 'Iitis endorsement changes the policy -effective on the inception daze of the policy unic:ls another date is rr• -r•w :ice �� y'r C, �Yai:T�ili►ifs Name of Person(s) or Orgaaizatiou(s): 9eno entry appears above, information required to complete this endorsement will he shovrrt in the clamdons as applicable to the endorsement.) Each person or organization shows b i the Schedule is an `%%shed" fpr Liability Cover 1tgge, but only to the ettetn that person or organization qu tlities as an "insured" under the Who Is An inspn:d Provision contained is Section It of the Coven.ge Form CA 20 49 02 99 Copyright, Insurance Services Office, Inc., 1998 Page I of 1 CW • � G -1B669 -p THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY It is agreed that 9 the Blanket Additional Insured Endorse- ment is attached to the underlying general liability policy pursuant to a written or oral contract or agreement be- tween you and another person or organization (called ad- ditional insured), this insurance is excess over such insur- ance provided to the additional insured subject to the fol- lowing conditions: 1. If the limits specified in the written contract or agree- ment are less than the limits provided by the underly- ing policy, then no coverage is provided to the addi- tional insured under this policy. G-18669-A (Ed. 10/92) 2. If the limits specified in the written contract or agree- ment are greater than the limits provided by the under. lying policy, then this insurance is excess over the in. surance provided by the underlying policy. Ths limits of liability for the additional Insured is the lesser of: a. The limits specified in the written contract; or b. The limits o1 the undartying policy plus the !imits of this policy. These !im!ts are inclusive of and ara'nol in add'#ion to the limits of insurance shown in the Deciarations. Page 1 of 1 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. ACORD 25 (2001108) ACORD . CERTIFICAT F LIABILITY INSURA E oi�io%Zoos PRODUCER (908)654-0300 FAX (9W5654-0332 Sl apih-Li eb & Co. 200 Sheffield Street Suite 104 Mountainside, NJ 07092-2314 THIS CERTIFICATE ISWUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Malcolm Pirnie Inc. 104 Corporate Park Drive P. 0. Box 751 White Plains, NY 10602-0751 INSURERA Continental Casualty Company 20443 INSURER INSURER C. NSURERD NSURER E nnVPQAi 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 DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ❑OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGE, $ PRO LOC POLICY r ECT 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 -0 WNEO AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WCSTATIU OTH- IE EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED yes describe nder S SPECIAL PROVISIONS below PROVISIONS EL DISEASE -POLICY LIMIT $ A ProteSS, onal Liability AEA 00 821 40 23 OZ/01/2005 02/01/2006 $10,000,000 Per Claim $10,000,000 Aggregate Including Claims Expense DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: SC -04 South Connector Pipeline/Procurement Services. (Operations of the Named Insured including above) *° Except 10 days for non-payment of premium City of San Juan Capistrano Attn: City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30' DAV RITTEN NOTICE TO THE CERTIF ATE HOLDER NAMED TO THE LEFT, BUT FAIL O MAIL SUCH NOTICE SHAL P BE NO OBLIGATION OR LIABILITY OFA KI UPON THE INSUR /11]5 NT OR REPRESENTATIVES. ACORD 25 (2007/08) ©ACORD CORPORATION 7988 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. ACORD 25 (2001108) 'qw City of San Juan Capistrano MW Certificate issued to City of San Juan Capistrano 02/10/2005 Slapin-Lieb & Co. 02/10/2005 Maria Guevara City of San Juan Capistrano 32400 Paseo Adelonto Jan Juan Capistrano, CA 92675 RE: Certificate of Insurance Malcolm Pirnie, Inc. Dear Guevara Enclosed please find General and Professional Liability Certificates of Insurance evidencing coverage as of 02/01/05, which we trust should suffice your needs. If you h��u/e any questions or concerns, please feel free to call me at Ext. 124. Sincev�IV. flichard P. Rampolla7 CPI' Executive Vice President Encl CC: Anne Marie Conigliaro, MPI/WHI Nancy Craig, MPI/SDG 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org January 14, 2005 Malcolm Pirnie 1902 Wright Place, Suite 180 Carlsbad, CA 92008-6528 Attn: Terry Smith IATA APOAATE# ASIOLis A AP I 1961 1776 MEMBERS OF THE CITY COUNCIL RE: Compliance with Insurance Requirements — SC -04 South Connector Pipeline/Procurement Services The following insurance documents are due to expire: ✓ General Liability Certificate 02/01/2005 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. J Automobile Liability Certificate 02/01/2005 ✓ Professional Liability Certificate 02/01/2005 ✓ Workers Compensation Certificate 02/05/2005 SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDUN Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration dates. If you have any questions, please contact me at (949) 443-6309. Sincerely, Maria Guevara Administrative Secretary cc: Michelle Perea, Administrative Assistant San Juan Capistrano: Preserving the Past to Enhance the Future AC0�2D CERTIFICAT F LIABILITY INSU E `2 22002 PRODUCER (908)654-0300 FAX (908)--654-0332 Slapin, Lieb Pike and Rampolla Insurance Services for Commerce and Industry 200 Sheffield Street, Suite 104 Mountainside, NJ 07092-0300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Malcolm Pirn$e Inc. 104 Corporate Park Drive P.O. Box 751 White Plains, NY 10602-0751 INSURER CENTENNIAL INSURANCE COMPANY INSURER B: STEADFAST INSURANCE COMPANY INSURER C. INSURER INSURER E. 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. INSR TR TYPE OF INSURANCE POLICY NUMBER POLICY EF ECTIVE DATE IMMIDDMIM POLICY EXPIRATION LIMITS AU R P �� GENERAL LIABILITY 299405355 11/01/2002 11/01/2003 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY (SEE ATTACHED FOR / FIRE DAMAGE (Any one fire) $ 50,000 CLAIMS MADE OX OCCUR COMMENTS IF ANY) y MED EXP (Any one person) $ 5,000 A PERSONAL S ADV INJURY $ 1,000,0001 GENERAL AGGREGATE $ 2,000,0001 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY PRO LOC ECT AUTOMOBILE X LIABILITY ANY AUTO 299405355 (SEE ATTACHED FOR 11/01/2002 11/01/2003 COMBINED SINGLE LIMIT (Eeaccident) $ 1,000,000 A X X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMMENTS IF ANY). / V BODILY INJURY (Per person) $ BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY SE05871008-00 11/01/2002 11/01/2003 EACH OCCURRENCE $ 20,000,00 X OCCUR OCLAIMS MADE (SEE ATTACHED FOR AGGREGATE $ 20,000,000 B COMMENTS IF ANY) $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 401551969 (SEE ATTACHED FOR COMMENTS IF ANY) 11/01/2002 11/01/2003 V/ X WC RS EORVDM E.L. EACH 6LIDENT $ 1,000,000 E L. DISEAP, EA EMSEE $ 1,000,000 E.L. DISEA - POLICY Waff $ 11 000 1 000 OTHER Z -t_ C-1,0 �� �, m DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 'Om M w z o 0 0 *except 10 days for non-payment. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ACORD 25-S (7/97) ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of San Juan Capistrano EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 32400 Paseo Adelanto 30 D RITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, San Capistrano, CA 92675 BUT U TO MAIL SUCH NOTI SHAL MPOSE NO OBLIGATION OR LIABILITY IND UN CO ,I GENTS OR RESENTATIVES. AU R P �� Ric rd P. R olla xec. V.P. ACORD 25-S (7/97) ©ACORD CORPORATION 1988 Certificate issued to 12/10/2002 Slavin. Lieb Pike and Ranipolla Insurance Services Endorsments or modifications as applicable: General Liability: 1/A, 2, 3, 4, 5, 6 Automobile: 1/B, 3, 4, 5, 6 Excess Liability: 1/C, 2, 3, 5, 6 Workers Compensation: 3 OPERATIONS OF THE NAMED INSURED. 1/A: CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED, BUT ONLY FOR WORK PERFORMED BY MALCOLM PIRNIE, INC. PER CG 20 10 11 85, COPY ATTACHED. 1/B: CERTIFICATE HOLDER IS INCLUDED AS AN ADDTITIONAL INSURED, PER CA 20 48 07 97, COPY ATTACHED. 1/C: CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED, PER FOLLOW FORM OF UNDERLYING. (2) EXCLUDES PROFESSIONAL LIABILITY. (3) INCLUDES WAIVER OF SUBROGATION. (4) THIS INSURANCE IS PRIMARY TO THE EXTENT COVERAGE IS PROVIDED BY THE POLICY TO THE COVERAGE OF THE CERTIFICATE HOLDER AS RESPECTS WORK PERFORMED FOR THE CERTIFICATE HOLDER BY MALCOLM PIRNIE, INC. (5) INCLUDES CONTRACTUAL LIABILITY INSURANCE TO THE EXTENT COVERAGE IS PROVIDED BY THE POLICY. (6) INCLUDES SEVERABILITY OF INTEREST. POLICY NUM, : 299—.40-53-55 THIS ENDORSEAT CHANGES THE POLICY. P- 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: AS ON FILE WITH THE COMPANY (if no entry appears above, information required to complete this endorsement will be shown in the Decla- rations as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 PRODUCER THIS ENDORSE CHANGES THE POLICY. PLEASEGAD IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. 11/01/2002 99-40-53-55 Named Insured cunt � b KUCOLM PIRNIE, INC. (Authorize Representative) SCHEDULE of Person(s) or OrgarozarrorI AS ON FILE WITH COMPANY (If no entry appears above, information required to complete this endorsement will be shown in the Decla- rations or above Schedule as applicable to the endorsement.) Each person or organization indicated above is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION 11 of the Coverage Form. CA 20 4s 07 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 • POLICY CHANGE • Effective 11 /01 /2002 this endorsement forms a part of Policy No. 299-40-53-55 (At the time stated in the policy) issuedtoMALCOLM PIRNIE, INC. (SEE AIL 03 #2) PRODUCER: SLAPIN, LIEB, PIKE & RAMPOLLA by CENTENNIAL Insurance Company (The information provided for above is required to be completed only when this endorsement is issued for attachment to the policy subsequent to its effective date.) WAIVER OF SUBROGATION --------------------- In the event of any payment under this policy, the company agrees to waive its rights under the subrogation conditions against any person or organization where required by contract. President 1-18-1643 11/28/01 DAS CPW AIL 03 07 86 POLICY CHANGE PRODUCER M`AUUMMUtUil • • CONTRACT c0mjla les Effective 11/01/ ' 200.2 this endorsement forms a part of Policy No. 401—55-19-69 (At the time stated in the policy) issued to MALCOLM PIRNIE, INC. PRODUCER: SLAPIN, LIES, PIKE $ RAMPOLLA by CENTENNIAL Insurance Company (The information provided for above is required to be completed only when this endorsement is issued for attachment to the policy subsequent to Its effective date.) WAIVER OF SUBROGATION ENDORSEMENT IN THE EVENT OF ANY PAYMENT UNDER THIS POLICY, THE COMPANY AGREES TO WAIVE ITS RIGHTS UNDER THE SUBROGATION CONDITION AGAINST ANY PERSON OR ORGANIZATION WHERE REQUIRED BY CONTRACT. AN other twins wW coodithms of this in "cd und�anged. CPW PVT 01/10/2001 18-1643 -Awe«izedep►esen-w-n-=tatc-trG`iw - - - - - t G 16908 . 4-85 COS 1 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. ACORD 25S (7/97) JAN 22 2003 1:53PM HP LASERJET 3200 ZiACORQN CERTIFICAT F LIABILITY INSURAN o/�2003 PRODUCER (908) 654-0300 FAX (908) 654-0332 Slapin, Lieb Pike and Rallpolla Insurance Services for Commerce and Industry 200 Sheffield Street, Suite 104 Mountainside, N7 07092-2314 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INsunen Malcolm P rnie Inc. 104 Corporate Park Drive P.O. Box 751 White Plains, NY 10602-0 7 51 INsuxER A: CENTENNIAL INSURANCE COMPANY INSURER B: STEADFAST INSURANCE COMPANY INSURER C. wst3tERO INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NNMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 TYPE OF INSURANCE POLICY NUMBER TC FICTIVE PMICYUPNATION LIMITS OENERALLIAMUTY 299405355 11/01/2002 11/01/2003 EACH OCCURRENCE 1 1,000 00 X COMMERCIAL GENERAL LIABILITY (SEE ATTACHED FOR FIRE DAMAGE (Any..6.) S 50,00 CLAIMS MADE M OCCUR COMMENTS IF ANY) MED IXP(AnY eee persoN 1 5,D0 A PERSONAL& ACV INJURY $ 1000 00 GENERAL AGGREGATE $ 2,000,004) GENT AGGREGATE LMR APPLIES PER PRODUCTS. COMP/ PAGO S 1,000,00 POLICY jE F I LOC AUTOMOBILELIASIUTY X ANY AUTO 299405355 (SEE ATTACHED FOR 11/01/2002 11/01/2003 CCMBMEOSINCLELIMD (E...k 4 s 1,000 A X X ALLOWNEDAUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNED AUTOS COMMENTS IF ANY) BOORYINJURY 1 (Per P acre BOORV INJURY 1 (Psr accMenU PROPERTY DAMAGE 1 (Pelud4a ) GARAOELIAWUTY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY: AGO S ANY AUTO EXCESSLIA&LI/Y X OCCUR �CLMMSMADE SEO5871008-00 (SEE ATTACHED FOR 11/01/2002 11/01/2003 EACHOCCURRENCE 1 20,000,00 AGGREGATE 1 20,000,00 B COMMENTS IF ANY) 1 1 DEDUCTIBLE RETENTION L 1 A WGRRER3 COMPENSATION AND EMPLOYER3' LIABILITY 401551969 (SEE ATTACHED FOR COMMENTS IF ANY) 11/01/2002 11/01/2003 X I TORYLMITs I ER E.L. EACH ACCIDENT S 1 000 000 E.L. DISEASE - EA EMPLO S 1,000,000 EL DISEASE -POLICY LIMIT S 1,000,000 OTHER D SCRIPTION OF OPERATONWLOCATIONSNEHICLESff-=LUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CAPISTRANO VALLEY WATER DISTRICT. .See attached for details.... °except LO days for non-payment. "RESTRICTED OR MATERIALLY CHANCED IN COVERAGE OR NON -RENEWED. Capistrano Valley Water District Attn: Eric Bauman 32400 Paseo Adelonto San Juan Capistrano, CA 92675 SNOULD ANY OF THE ABOVE DESCROM3 POLICIES BE CAHCELLEOe FORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO AMA IL 30+* OAYSWNTTENNOTICETOTHECERINMCAT OLDERNAMEDTOTHELEFT, BUTF R TOMAILSUCH NDTIC MP E OBLIGATION OR LIABILITY OF NYW UPDNTHE COMPANY�lt DE11G REPRESENTATIVES. CCDM wP I ARFRJET 3200 P. 18 ACORN, CERTIFICATE F LIABILITY IN PRODUCER (908)654-0300 FAX (908)-654-0332 1THIS CERTIFI Slapin, Lieb Pike and Rampolla Insurance Services ONLYAN0 CI HOLDER.THI for Commerce and Industry ALTER THE 200 Sheffield Street, Suite 104 Mountainside, N7 07092-2314 104 Corporate Park Drive P.O. Box 751 White Plains, NY 10602-0751 INSURER B: NSURER C INSURER O. INSURERS AFFORDING COVERAGE DATE (MMIDOIYY) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFMATE 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 LWS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. SAa& TYPEOFItSURANCE POLICYNUMBER LILY E% IRA UMLTS GENERAL UAWU Y EACH OCCURRENCE S FIRE DAMAGE IAM m Me) S COMMERCIAL GENERAL UAB1U Y ]DIMS MADE O OCCUR MED EXP (Any one Person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE E DENL AGGREGATE LIMNAPPLIES PER PRODUCTS - C W(OP AGG S POLICY jEO OC AUTOMONLE LIAWLITY ANYAUTO COMBINED SINGLE LIMN (Ee Acoderi) S BODILY INJURY (Pa P—ft) f ALL OWNED AUTOS SCHEDULED AUTOS BCOILY INJURY $ (Pel eecBenB HREDAUIOS NON "Et` AUTOS PROPERTY DAMAGE S CPR au .M GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANYAUTO AUTO ONLY: AGG S EXCESS LUa1LTTY EACH 00CU9RENCE II OCCUR CLAIMS MADE AGGREGATE f S y DEDUCIBLE $ RETENTION S WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT T E.L. DISEASE -EA EMPLOYE $ E L. DISEASE - POLICY UMR I $ A �oessional Liability AEA 00 821 40 23 11/01/2002 11/01/2003 Per Claim and Annual Aggregate $10,000,000 Including Claims expense DESCRIPTIDN OF OPERATONS,LOCATIONSIYOWLEMEXCLUSIONS ADDED BY ENOORSEMENTISPECNL PR=S E: CAPISTRANO VALLEY WATER DISTRICT. *except 10 days for non-payment. *ONGN-RENEWED OR REDUCED IN LIMIT BY ENDORSEMENT. Capistrano Valley Water District Attn: Eric Bauman 32400 Paseo Adelonto San Juan Capistrano, CA 92675 SHOULOANY OF THE ABOVE OESCRIS®POIK:IES BECANGELLEb RIEFORE THE EXPIRATION DATE THEReOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30* GAYSPIRITTEN NOTKE TO THE CERTIFlClyTERpLDER NAMEp TOTHE LEFT, _IAN 22 2003 1:53PM HP LASERJET 3200 P.12 Certificate issued to Capistrano Valley Water District 01/22/2003 Sl Min, Lieb Pike and Rartpolla Insurance Services 01/22/2003 Endorsements or Modifications as Applicable: (copies attached) General Liability: 1/A, 2, 3, 4, 5, T Automobile: 1/B, 3, 4, 5, 6 Excess Liability; I/C, 2, 3, 5, 6 Workers Compensation: 3 OPERATIONS OF THE NAMED INSURED. I/A: CAPISTRANO VALLEY WATER DISTRICT AND CITY OF SAN JUAN CAPISTRANO ARE INCLUDED AS ADDITIONAL INSUREDS, BUT ONLY FOR WORK PERFORMED BY MALCOLM PIRNIE, INC. PER CG 20 10 n 85, COPY ATTACHED, 1/B: CAPISTRANO VALLEY WATER DISTRICT AND CITY OF SAN JUAN CAPISTRANO ARE INCLUDED AS ADDTITIONAL INSUREDS, PER CA 20 48 07 97, COPY ATTACHED. 1/C: CAPISTRANO VALLEY WATER DISTRICT AND CITY OF SAN JUAN CAPISTRANO ARE INCLUDED AS ADDITIONAL INSUREDS, PER FOLLOW FORM OF UNDERLYING, (2) EXCLUDES PROFESSIONAL LIABILITY. (3) INCLUDES WAIVER OF SUBROGATION. (4) THIS INSURANCE IS PRIMARY TO THE EXTENT COVERAGE IS PROVIDED BY THE POLICY TO THE COVERAGE OF THE CERTIFICATE HOLDER AS RESPECTS WORK PERFORMED FOR THE CERTIFICATE HOLDER BY MALCOL14 PIRNIE, INC. (5) INCLUDES CONTRACTUAL LIABILITY INSURANCE TO THE EXTENT COVERAGE 15 PROVIDED BY THE POLICY. (6) INCLUDES SEVERABILITY OF INTEREST. YrtY N,VkY Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to approve the Personal Services Agreement with Tetra Tech, Inc. to provide engineering consulting services for the Sanitary Sewer Master Plan, in the amount of $261,812; and, transfer $172,000 from CIP No. 713, Sewer System Analysis, to CIP No. 723, Sanitary Sewer Master Plan. b PERSONAL SERVICES AGREEMENT APPROVED WITH DAVE BANG ASSOCIATES INC. FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR BONITA PARK AND SERRA PARK (600.30) Project Description: On January 1, 2002, the California Department of Health Services adopted regulations governing the design, construction, operation and maintenance of public playgrounds. The City completed an audit of existing playground equipment, as required by these regulations, that indicated that equipment at Serra and Bonita Parks were not in compliance. In order to meet the state requirements, Staff recommends approval of the firm of Dave Bang Associates to purchase playground equipment for both parks. Written Communication: Report dated December 3, 2002, byAmyAmirani, Director of Public Works. Presentation: Amy Amirani, Director of Public Works, reviewed the staff recommendation. Council Comment: Mayor pro tem Soto requested that the color of new playground equipment be consistent with the City's colors of beige and brown. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Hart and carried unanimously, 5-0, to approve the Personal Services Agreement with Dave Bang Associates, Inc. for (1) purchase of playground equipment for Bonita Park in the amount of $25,240.70; (2) purchase of playground equipment for Serra Park in the amount of $17,834.70; and (3) transfer of $3,000 from CIP No. 475, the Bonita Park Project, approved to complete the funding of CIP No. 478, the Serra Park Project. C. PERSONAL SERVICES AGREEMENT APPROVED WITH MALCOLM PIRNIE, INC. FOR PROJECT MANAGEMENT SERVICES FOR THE GROUND WATER RECOVERY PLANT IN THE AMOUNT OF $449,913 (600.30) Project Description: On September 3, 2002, the Capistrano Valley Water District (CVWD) Board approved a Design, Build, Operate, and Finance Service Contract with ECO Resources for Phase I of the Ground Water Recovery Project. As part of the Service Contract with the District, ECO has provided the District with $500,000 City Council Minutes 9 12-3-02 for the cost of Professional Project Management services needed to ensure and enforce ECO's compliance with the Service Agreement and to coordinate the District's performance of its obligations. Staff recommends approving a Personal Services Agreement with Malcolm Pirnie for continued Project Management Services. Written Communication: Report dated December3, 2002, byAmyAmirani, Director of Public Works. Presentation: Amy Amirani, Director of Public Works, reviewed the staff recommendation. Council Comment: Council Member Swerdin was opposed to the agreement, expressing concern that with the risks associated with the project. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto and carried, 4-1, to approve the Personal Services Agreement with Malcolm Pirnie, Inc. for Project Management Services for the Ground Water Recovery Project in the amount of $499, 913; and, Mayor authorized to execute the agreement on behalf of the City. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Bathgate, Mayor pro tem Soto and Mayor Gelff NOES: COUNCIL MEMBERS: Swerdlin d. SEWER SERVICE AGREEMENT APPROVED BETWEEN THE CITY AND MOULTON NIGUEL WATER DISTRICT; IMPROVEMENTAND REIMBURSEMENT AGREEMENT APPROVED FOR WATER AND SEWER FACILITIES WITH WILLIAM E. REISING AND BONNIE H. REISING TRUST; IMPROVEMENT AGREEMENT APPROVED FOR WATER AND SEWER FACILITIES WITH THE A. AND L. GRASSO REVOCABLE TRUST; MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT; RESOLUTION NO. 02-12-03-06 ADOPTED ACCEPTING A SEWER EASEMENT FROM THE W ILLIAM E. REISING AND BONNIE H. REISING TRUST (TENTATIVE PARCEL MAP 93-129) (APN 121-100-63, -66 AND -78 THROUGH -80) (600.30/600.50/670.50) Project Description: This is a companion agenda item to an agenda item presented at the December 3, 2002, meeting of the Capistrano Valley Water District (CVW D). The CVWD has been implementing Capital Improvement Projects based on the priorities listed in the Domestic Water Master Plan. The Peppertree Bend water City Council Minutes 10 12-3-02 0 0 AGENDA ITEM TO: George Scarborough, City Manager FROM: Amy Amirani, Public Works Director 12/3/2002 1 2c SUBJECT: Consideration of an Agreement for Project Management Services Related to the Ground Water Recovery Project (Malcolm Pirnie, Inc.) (CIP #758) By motion, approve the Personal Services Agreement with Malcolm Pirnie, Inc. for Project Management Services for the Ground Water Recovery Project in the amount of $499,913; and, authorize the Mayor to execute the agreement on behalf of the City. SITUATION After negotiating a very complex service agreement, on September 3, 2002, the Capistrano Valley Water District (the "District") Board approved entering into a Design, Build, Operate, and Finance Service Contract for the Phase I Ground Water Recovery Project (GWRP) with ECO Resources, Inc (ECO). The Service Contract included provisions for certain conditions to occur in order for ECO and the District to move ahead with the GWRP. Most of the conditions have been met. The Board, at their meeting on October 15, 2002, approved certain agreements enabling the District to move forward with the project, such as the time extension granted by Metropolitan Water District (MWD). As part of the Service Contract, ECO has provided the District with the original payment of $330,000, and the second payment of $1,530,000 is due two days after the occurrence of the "construction date" (as defined in the service agreement). The additional $1,860,000 procurement transaction cost includes $500,000 for the cost of Professional Project Management (PM) services needed to ensure and enforce ECO's compliance with the Service Agreement and to coordinate the District's performance of its obligations. Specific services to be rendered are included as tasks in the Personal Services Agreement (Attachment 1). FOR Clay COUNCIL AGENDA Agenda Item December 3, 2002 Page 2 Due to the complex nature of this project and Malcolm Pirnie's familiarity with the Service Contract, staff believes that Malcolm Pirnie is best suited to continue working on this project. Staff reviewed the proposal for completeness and affirmative inclusion of all work items. Staff is confident that Malcolm Pirnie, Inc.'s proposal addresses the required scope of work and that the firm can complete the project. Based upon Resolution No, CVWD 97-10-7-1 (Attachment 2), the District has delegated approval authority to the City of San Juan Capistrano with respect to this administrative matter. Staff is recommending that the City enter into a Personal Services Agreement with Malcolm Pirnie, Inc. to continue work on the project and provide necessary services as described in the scope of work attached. COMMISSION/BOARD REVIEW, RECOMMENDATIONS: The Water Advisory Commission received and reviewed this item at their meeting on November 26, 2002. Their comments or recommendations will be presented orally if requested. FINANCIAL CONSIDERATIONS: As part of the Design, Build, Operate, and Finance Service Contract, ECO resources will pay a total of $1.86M to the District, of which $500,000 is earmarked for project management services. The funds will be appropriated to CIP #758, providing sufficient funds for this work. NOTIFICATION: Malcolm Pirnie, Inc. ALTERNATE ACTIONS: 1. By motion, approve the Personal Services Agreement with Malcolm Pirnie, Inc. for Project Management Services for the Ground Water Recovery Project in the amount of $499,913; and, authorize the Mayor to execute the agreement on behalf of the City. 2. Do not approve the agreement. 3. Request additional information from staff. p: \p u bl icwo rks\pwshared\agenda\021203\CM_PSA_MP_Desalter_agnd.doc Agenda Item • • December 3, 2002 Page 3 RECOMMENDATION By motion, approve the Personal Services Agreement with Malcolm Pirnie, Inc. for Project Management Services for the Ground Water Recovery Project in the amount of $499,913; and, authorize the Mayor to execute the agreement on behalf of the City. Respectfully submitted, Q*,�= Amy Amirani Public Works Director OTTM73T Prepared by, Eric P. Baum Senior Engineer Attachments: 1. Personal Services Agreement 2. Resolution No. CVWD 97-10-7-1 3. Location Map p:\publ icworks\pwshared\agenda\021203\CM_PSA_MP_Desa Iter_agnd. doc 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2002, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Malcolm Pirnie Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to provide construction management services for the Ground Water Recovery Project; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than March 4, 2005. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed four hundred ninety-nine thousand nine hundred thirteen dollars ($499,913), as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to 1 ATTACHMENT 0 0 perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services that have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to 2 0 0 this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. 3 0 0 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. In 0 9 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 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 Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/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. 5 0 14.7 Terms of Compensation. 9 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 parry 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: Public Works Director To Consultant: Malcolm Pirnie, Inc. 2000 Powell Street, Suite 1180 Emeryville, CA 94608 Attn: Peter Talbot, P. E. 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. R 0 9 Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance of interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO an Diane Bathgate, Mayor CONSULTANT By: G Malcolm Pirnie, Inc. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John . aw, City Attorney IRNI MALCOLM PIRNIE, INC. INOPPENDENT ENVIRONMENTAI-ENGINEERS, SCIENTISTS 6 CONSULTANTS November 8, 2002 Ms. Amy Amirani Public Works Director City of San Juan Capistrano 32450 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Ms. Amirani, Malcolm Pirnie, Inc. is pleased to submit the attached scope of services and budget for the provision of design/construction management and contract administration services to the Capistrano Valley Water District (District) relating to the design, construction, financing and long- term operation of the Phase I Desalter Project. This submittal contains revisions based on our November 5, 2002 meeting. If I can answer any questions regarding the attached proposal, please feel free to contact me at (510) 735-3025. Kyle F� Performance Enhancement Consulting Enclosure: Final Revised Scope ofServices, Resumes and Budget —Contract Administration Services forPhase I Desalter EXHIBIT "A" 2000 POWELL STREET SUITE 1180 EMERYVILLE, CA 94608 510-596-3060 fax 510-596-8855 http://w .pirnie.com Apra', m Doan 0 9 Contract Administration Services during Design and Construction Of The San Juan Basin Phase I Desalter Project for Capistrano Valley Water District Proposed Proposed Scope of Services and Budget Final Revision November 8, 2002 Submitted by MEOW I ,,A 0 M11 This Scope of Services describes Construction Management Engineering services to be provided by Malcolm Pimie (ENGINEER) for the Capistrano Valley Water District (DISTRICT) associated with the Design, Construction, Financing and Operations Contract (CONTRACT) of the San Juan Basin Desalter Project (PROJECT). The ENGINEER shall act on behalf of the DISTRICT in the administra- tion of the CONTRACT and to provide assurance the PROJECT has been completed in accordance with the terms of the CONTRACT. The Construction Management Engineering services to be pro- vided under this Scope of Services shall include services related to the design, construction and ac- ceptance periods of the CONTRACT. This Scope of Services and associated budget is based on this assumption that the estimated duration of the design, construction and acceptance period of service is approximately twenty months. The last twelve months of the period of service will include the con- struction and start up and acceptance period. The work to be performed for the project consists of the following four types of services: 1) Task 1.0: Project Management/ Contract Administration Services 2) Task 2.0: Design Review 3) Task 3.0: Services during Construction 4) Task 4.0: Acceptance Assistance Services Exhibit A identifies the specific tasks, as defined in these scope descriptions, required for each project and the estimated level of effort for each task. Exhibit A will identify required Tasks by refer- ence to this General Scope or modify the scope descriptions, if necessary. A409101/NCA Capistrano UatievWaterDistrict A,'. osn lrzooz Contract Administration Services—Phase t Desaiter g, • oi'7�1 Task 1.0 Protect Management/Contract Administration Manage and administer the services described in this Scope of Services during the design, con- struction and acceptance period of the PROJECT. Provide coordination between the ENGINEER, DISTRICT and ECO Resources (COMPANY), as well as other parties involved on behalf of the DISTRICT. Act as the primary point of contact between the COMPANY and the DISTRICT. Report the status of the ENGINEER's services, and the status of the overall PROJECT to the DISTRICT on a regular basis. This Scope of Services and associated budget assumes Task 1.0 to be a period of service of twenty months, with a level of effort of approximately 25 hours/month. 1.1 Prolect Kaoagemeet Provide administration and coordination of the ENGINEER's services during design, construc- tion, and acceptance of PROJECT. al Provide overall management and administration of ENGINEER's contract. aI Review ENGINEER's project information, deliverables and reports, and maintain the ENGINEER's project budgets and schedules. 11 Establish and maintain the ENGINEER's project records, including plans, reports, and correspon- dence in accordance with procedures and policies of the DISTRICT. The administrative require- ments for this portion of Task 1.1 will be performed in conjunction with Task 1.3. as Provide management of the ENGINEER's subconsultants. Ensure that all communication with subconsultants will be through the ENGINEER and will include the ENGINEER's recommended action, whether the items in question are technical or administrative. ® Submit a monthly invoice and statement of progress by the last day of the month following the invoice period. The invoices should present all costs incurred during that period. ENGINEER should ensure timely billing by any sub consultant. The invoice should show the basis for all monthly invoice charges for the ENGINEER and its subconsultants for each task in the Scope of Work. The invoice should be prepared in a format acceptable to the DISTRICT. Each progress statement should also contain the ENGINEER's opinion as to the adequacy of fees remaining to perform all the services called for in the Scope of Work. In general, the invoices and progress statements will provide a similar level of detail and content as those that has been used in associa- tion with ENGINEER's prior work for the DISTRICT. 1.2 Progress nenordep/Cleedogs/CoonctAdmloistratien aI Serve as the DISTRICT 's representative and primary point of contact in providing oversight and coordination of services conducted by the COMPANY according to the terms of the CONTRACT. M Attend and facilitate progress meetings, site visits and document review. A409101 / NCA Capistrano Vallev Water District oslzrzooz Contract Administration Seruices—PhaseIDesaiter '`" ; • t• to Prepare a monthly progress report. In addition to a description of work completed, the statement of progress should include a listing of issues and topics to be monitored and resolved. 0 Monitor compliance with the submittal and schedule requirements of the CONTRACT. IN Prepare .agendas and facilitate monthly progress meetings with the DISTRICT, the COMPANY, regulatory agencies and other project participants as appropriate. Prepare and distribute meetings minutes to all progress -meeting participants. Following each meeting, update the list of issues and topics to be monitored and resolved. 11 Certify Progress Payments -based on ENGINEER's review of the Work (in design or Construction) ENGINEER shall review progress payment applications by the COMPANY on behalf of the DISTRICT. ENGINEER shall make recommendation for payment if appropriate. ® Monitor easement and land acquisitions as described in the CONTRACT. ENGINEER shall also coordinate the DISTRICT's participation in the permit program. ® Monitor the public outreach program to verify its conformance with the requirements of the CONTRACT. In Assist the DISTRICT in responding to questions from the public. In In accordance with the CONTRACT monitor compliance with MNDs, the MWD and SJBA agreements and other defined (by CONTRACT) requirements (such as the provisions re Dance - hall). U Records Rianagamoltt Receive, categorize and maintain the project record. ENGINEER shall receive and distribute all correspondence and submittals between the DISTRICT and the COMPANY. One copy of each shall be maintained by the ENGINEER to be turned over to the DISTRICT upon completion of the ENGINEER's services. ENGINEER shall deliver one set of project record file documents to DISTRICT. The level of effort for Task 1.3 and the administrative requirements for Task 1.2, antici- pated, is approximately one man-dayJmonth. Task 2 Design Review Provide oversight of the design direction and intent. This oversight is intended to check that the design of the PROJECT is consistent with the minimum conceptual design criteria for the De- sign/Build Work, as well as certain Acceptance Standards that the Project is to meet. This Scope of Work and associated budget assumes that the period of service for Task 2.0 will be approximately nine months. A level of effort of approximately 2 man -months (360 hours) over the nine-month pe- riod is anticipated. 21 Review and MeanorinR of Design Submittal Protecol ENGINEER will review the COMPANY's Design submittals in accordance with the Protocol of Appendix 6 of the CONTRACT between the DISTRICT and the COMPANY. It is anticipated the Pro- tocol will identify the key submittal packages to be prepared by the COMPANY; the expected date for each submittal; the estimated time for review, acceptance and/or approval; and will identify A409101 / NCA Capistrano valley Water District K 06/12/2002 �r,.�,F3 Contract Administration Services—Phase i Desai[er !r;F agencies having final acceptance or approval responsibilities for permit applications and other such submittals. The Design Submittal Protocol shall also identify the dates of the design progress meet- ings, as well as the dates of any periodic design coordination meetings proposed by the COMPANY firm. ENGINEER will monitor the progress of design by attending the project coordination meetings and the progress meetings held to provide a forum for review and discussion of design/engineering related issues. These meetings will enable the ENGINEER to monitor the COMPANY's compliance with the schedules provided in its Design Review Protocol and provide oversight of the COMPANY's design process. The following list represents a sampling of the submittals to be monitored by the COMPANY firm in its Design Submittal Protocol: nl Project Management Plan ® Project Master CPM Summary Schedule and Design Period Schedule In Geotechnical Investigation Plan and Geotechnical Report ® Basis of Design Memoranda nl 30% design progress plans and specifications E Final design plans and specifications In Design Quality Assurance/ Quality Control Plan Compliance Documents In ENGINEER shall provide review comments on the COMPANY's Design Submittal Protocol. In ENGINEER shall provide memoranda, as needed, to monitor design progress in comparison with the schedules indicated in the Design Submittal Protocol. n Process design change order requests by the COMPANY and make recommendation to the DISTRICT as to their validity in accordance with the CONTRACT. 22 Resion Reviews ENGINEER will review design submittals for consistency with established project criteria, per- formance requirements and the COMPANY's Proposal and CONTRACT. The design process requires that the ENGINEER, the DISTRICT and the COMPANY work coop- eratively to assure both effective design and design review. ENGINEER will develop and implement a procedure for conducting design reviews in a timely manner. The design reviews will generally as- sess the level of quality and completeness of the design submittals and determine that project com- mitments and requirements identified in the CONTRACT are met. Specific criteria for review of the COMPANY firm's design work will be determined by the ENGINEER and the DISTRICT. These reviews will permit the ENGINEER to monitor that deliverables are being submitted, that materials of construction are appropriate, and that maintainability and constructability issues such as access and existing conditions have been considered. The Design Reviews are intended to: _.,,,,g A409101 /NCA Capistrano valley Water District t:^:=r��� 06/12/2002- ' Contract Administration Services—Phase I Desalter 1.1�5vf MUNWIFIT 0 Indicate whether the COMPANY's submittals conform to the CONTRACT, address maintainabil- ity, operability and constructability issues, incorporate the DISTRICT 's prior review comments and include relevant regulatory requirements; Is Determine if the design considers future operation and maintenance needs and that appropriate access is provided to permit future entry; ® Review the design for compliance with industry standards and conformance with project per- formance standards. ® Review comments on documents prepared by the COMPANY in support of the DESALTER Pro- ject. 2.3 Design Coordination Meetings It is anticipated periodic design coordination meetings will be held by the COMPANY to provide a forum for review and discussion of design/engineering related issues. ENGINEER will participate in these meetings, providing technical assistance to the DISTRICT. M Meeting notes and written comments on coordination meeting documents shall be prepared by ENGINEER and distributed to DISTRICT and COMPANY. Task S Contract Administration Services during Construction Serve as the DISTRICT's administrative representative during construction, to monitor compli- ance with the approved design plans and specifications and the intent of the CONTRACT. This Scope of Work and associated budget assumes the period of service for Task 3.0 will be approximately twelve (12) months including start-up and acceptance. The average level of effort of approximately 200 hours/month plus the effort required to monitor the well construction by our sub consultant GTC Inc. is budgeted. A part time Resident Representative and a part time junior field Engineer shall provide the major portion of the Task 3 services. The services for Task 3 are budgeted over the first eleven months of the twelve month construction period. 3.1 Construction Administration Monitoring In accordance with the CONTRACT, the ENGINEER will review construction administration ac- tivities and participate in monthly construction progress meetings to verify compliance with the ap- proved design and intent of the CONTRACT. ENGINEER will provide overall administration services and act as the DISTRICT 's representa- tive during the entire construction and acceptance periods of this PROJECT. Services shall include, but not be limited to, the following activities: • Attend construction progress meetings. • Audit the COMPANY's shop drawing review process, at Assist in the resolution of problems, ® Address construction issues. * Review the COMPANY's project quality assurance and quality control protocols, A409101INCA Capistrano valley water District AT' ;q 08!12/ ON f5° , Contract Administration Seryice"llese t aeselterlt kvujoam PIRNIE al Prepare construction compliance reports. 11 Coordinate the integration of the COMPANY's SCADA system with the DISTRICT's system and the DISTRICT's SCADA sub contractor (NDI). 11 Monitor the permits application program as defined in the CONTRACT. 11 Assist in other services required to coordinate construction, start-up, testing and acceptance pe- riod activities. t8 Process construction change order requests by the COMPANY and make recommendation to the DISTRICT as to their validity in accordance with the CONTRACT. ENGINEER will prepare for and attend construction progress meetings and will prepare agenda and meeting minutes. It is anticipated that the COMPANY will solicit the ENGINEER's input on a regular basis. ENGINEER will interpret and clarify to the COMPANY's requests for information (RFI) or clarification of the Performance Requirements and provisions of the CONTRACT. In addi- tion, the ENGINEER will manage the process such that the Substantial Completion and the Construc- tion Phase Closeout milestones are carried out in accordance with the CONTRACT. ENGINEER will create and maintain an itemized punch list and punch list tracking system, with associated costs, as required to manage and document any payment to be withheld against retainage. 21 Prepare meeting notes and monthly construction summaries. al Provide written responses to construction submittal reviews, clarification requests (RFIs) and pro- ject quality and warranty monitoring. 0 Prepare Construction Compliance Reports. $3 Conmeden Phase SahmNal Beelm MeoNDrloD Provide oversight of the COMPANY's submittal review program related to construction layouts, shop, construction and working drawings, samples and schedules, and the results of tests and inspec- tions and other data. This oversight role is intended to assist the DISTRICT in ensuring that the COMPANY firm retains its full responsibility for quality assurance/quality control (QA/QC) during the design, construction and testing phases of the Program, and implements procedures which will appropriately manage all quality aspects of the Program. ENGINEER will establish and implement means to confirm that the COMPANY's designer has an adequate QA/QC program in place. This auditing function will monitor the COMPANY's Submittal Review Program as it relates to construction layout, shop, construction and working drawings, sam- ples and schedules, the results of tests and inspections and other data used to document conformance with design concepts as described in the COMPANY Contract, and the substitution of specified mate- rials. ENGINEER will monitor that construction changes and clarifications are consistent with the ap- proved design requirements, and that the resolution of any technical and construction issues(based on ENGINEER's opinion) do not compromise performance, operability or maintenance. ENGINEER will review selected submittals to determine compliance with project performance requirements and A409101 / NCA Capistrano valley water District tt`3 06/12/2002 ,lil": Contract Administration Services --Phase 1 Desalter the CONTRACT. ENGINEER will create and maintain a submittal checklist to identify overdue sub- mittals, if provisions in the CONTRACT allow without cost implications to the DISTRICT. 32 constrocuen observation Monitor construction progress in order to check conformance with the minimum design require- ments of the CONTRACT. ENGINEER will observe the construction progress throughout the construction, and acceptance periods. ENGINEER will serve as the point of contact with the COMPANY's on site construction management. ENGINEER will act as a liaison between the DISTRICT 's Project Manager, and the COMPANY. ENGINEER will: n Review construction is progress, as scheduled in the CONTRACT, at Review the materials procured and the construction methods used for compliance with the CONTRACT, et Review the effectiveness of COMPANY's Construction Quality Control Program, provide over- sight of the COMPANY's inspections program, ® Review and verify construction is accomplished in accordance with final design documents and shop drawings, and in accordance with the CONTRACT, ® Review test results, • Review compliance with applicable environmental permits and certificates, as well as mitigation requirements, 11 Review "as -built" drawings, to verify their completion in accordance with the CONTRACT, at Obtain and review required project records for transmittal to the DISTRICT; including written - warranties, test certificates, test results, and other documents required to be prepared and submit- ted as a condition of final completion, including a Certification of Compliance from the local Con- servation District, if required, ® Obtain from the COMPANY detailed written reports for any safety incident or accident that oc- curred on the site, 18 Prepare meeting minutes and compliance memoranda, IS Track abnormal events that may impact a deadline exemption by the COMPANY, 3 Observe Construction and Testing of eight (8) Brackish Groundwater Wells which includes drill- ing observation, responding to Requests for Information, review of the well design submittals, providing specification clarification, observation and review of the eight well pump tests and data analysis and progress meetings. Task 4 Acceptance Assist DISTRICT in assuring that the "Acceptance Date Conditions" have been achieved as re- quired in Article VII of the CONTRACT. Monitor compliance with Construction Acceptance Testing Requirements. The anticipated period of service will cover from the submission the Acceptance Test A409101 / NCA Capistrano Valley Water District 1 ? 06/1212002 Contract Administration Services—Phase t Desatter lP RNIE Plan to Acceptance. The anticipated level of effort is approximately 40 hours for review and com- ment to the test plan, 80 hours for observation/witnessing and 40 hours for the review and concur- rence activities necessary for Acceptance. It is anticipated these services will be required during the last month of the twelve-month construction period and are budget to occur as such. One man -month is budgeted for Task 4. U Acceptance Testing Seriilcos ENGINEER will review the testing protocols, assist the DISTRICT with obtaining approval of the testing procedures from The California Department of Health Services (CADHS), observe testing, and analyze the results to determine whether the performance guarantees and acceptance standards in the CONTRACT have been met. ENGINEER will review the COMPANY's comprehensive testing and start-up program and assist in the development of a schedule that is acceptable to the DISTRICT. ENGINEER will review and comment on the COMPANY's detailed Acceptance Test Plan submitted in accordance with Article VII of the CONTRACT. The review will be for conformance with the requirements of Appendix 8 of the CONTRACT. ENGINEER will coordinate the submittal of the final testing and acceptance pro- gram to the DISTRICT in accordance with the provisions of the CONTRACT. ENGINEER will provide the services of personnel with technical expertise in Acceptance Testing requirements to evaluate the Acceptance Testing effort of the COMPANY. These individuals will be involved in some or all of the following activities: Review and comment on the COMPANY's Acceptance Testing Protocol, 13 Meet with the DISTRICT and the COMPANY to refine the Testing Protocol, ® Assist the DISTRICT in presenting the Protocol to CADHS, as Observe the Acceptance Test, and 0 Review the Acceptance Testing Reports prepared by the COMPANY ENGINEER will review the testing procedures proposed by the COMPANY to assure a compre- hensive testing protocol and schedule is acceptable to the DISTRICT. The final testing must have CADHS approval. ENGINEER will monitor that the COMPANY's activities are performed in accordance with the CONTRACT Requirements and approved submittals. ENGINEER will identify testing problems and manage resolution to support maintenance of the schedule.. ENGINEER will conduct meetings and address -testing issues as needed to facilitate this objective and on behalf of the DISTRICT assist in the resolution of construction issues for the benefit of the DISTRICT. 42 Acceptance Seruicas 0 Review the substantial completion testing of systems, including assisting with inspections and punch list preparation, A409101 NCA Capistrano valley Water District `�; 0612rz002 Contract Administration Seryice"hase I DesaiterStA MAKUM lRN! at ENGINEER shall perform the final inspection of the construction, and punchlist completion in- spections in accordance with the CONTRACT, • Review the O&M Manual to confirm its conformance with the CONTRACT requirements, at Review the COMPANY's proposed Acceptance Test Plan, • Provide Technical assistance during acceptance, aA Assist in performance evaluation and certification. ENGINEER will review testing and acceptance by the COMPANY for compliance with the re- quirements of the CONTRACT. ENGINEER will attend meetings with the DISTRICT, as needed, and address testing and accep- tance issues. ENGINEER will provide technical support and assistance to the DISTRICT throughout the accep- tance phase, including test witnessing, final inspection and other services as necessary. ENGINEER will assist the DISTRICT in review of the Test Report submittal (see section 7.6 of Ar- ticle VII of the CONTRACT). DISTRICT ENGINEER will review for completeness of the data sup- plied therein and comment as to the level of satisfaction of the Acceptance Standards and all other re- quirements of Appendix H of the CONTRACT. A409101 / NCA Eapistrane valley Water l istrict 06 /121002 Contract AdntinistraCen Seryice"hase i Desaiter 0 0 T m x p� b {gs5 U 5 Z� ga N » w N 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 0 'itlEo �a » N N » fV tX OO1I tV. QG mNa. Nf�b ¢N M N N M M N p m O`r O Q pmt 1(1 W w N N M p pp p W w w n g p p p N 0 O O (V e N mf O p O o 0 O O V N o N N O 8w N� g g eqm » m � m 0 a� N H M N N Q OBD m 00 b (GOOm 000 O� CC118 N Q IRI V10.1 y` `8 N m N m ry d d0V ao � N N M M rpB � qb fl 8 J N Ni h N Y G m g ay o s�1: N eqI� � U VVg N V N Q f N J a GI.J Gggy O a a -AAA AX p 4 p 17 N rj 4iJ p Q' , 6 o Qy Y� 1- FO h H M h 1. !!1 [� 0 T m x p� b {gs5 U 5 Z� 1] 0 RESOLUTION NO. CVWD .97-10-7-1 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, DELEGATING APPROVAL AUTHORITY TO THE CITY OF SAN JUAN CAPISTRANO WITH RESPECT TO ADMINISTRATIVE MATTERS WHEREAS, the Capistrano Valley Water District (hereinafter "District") has entered into an agreement dated July 1, 1997 with the City of San Juan Capistrano (hereinafter "City") providing that the City shall act as an independent contractor in performing District's governmental water district activities; and, WHEREAS, the District now desires to specify the range of administrative governmental activities it hereby delegates to City to execute the provisions of the independent contractor agreement. NOW, THEREFORE, BE IT RESOLVED, by the Capistrano Valley Water District Board of Directors, as follow: SECTION 1. Delegation of Authority. District hereby delegates all of its governmental functions which can be fairly and reasonably classed as administrative in character to the City. District hereby further designates the following governmental functions as Administrative versus Legislative in the schedule attached as "Exhibit "A", and incorporated herein by reference. SECTION 2. Administrative InteMretations. The District's General Counsel is authorized to make administrative interpretations to assist District and City in determining in individual situations whether certain activities and functions of the District are primarily legislative or administrative in character. When such matters are determined by Counsel to be administrative in character, then those matters may be acted upon by City in accordance with the attached schedule and other applicable City procedures. October PASSED, APPROVED, AND ADOPTED this 1997. ATTEST: 01001-1 i! C Z GIL JONRS. CHAIRMAN -I- 7th day of ATTACHMENT 2 018 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, Clerk of the Board of the Capistrano Valley Water District, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CVWD 97-10-7-1 adopted by the Capistrano Valley Water District Board of Directors at a regular meeting thereof held on the 7th day of October 1997, by the following vote: AYES: Directors Campbell, Greiner, Hart, Swerdlin and Chairman Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOHM61,Z, CLERK OF THE BOARD -2- 019 EXHIBIT "A" ip DELEGATION OF AUTHORITY SCHEDULE TYPES OF ACTIONS DELEGATED TO CITY RESERVED TO DISTRICT 1. Real Property a. Grants of fee title, leases, easements, licenses X b. Acceptance of fees X c. Approval of leases, licenses X d. Acceptance of easements X (By Executive Director) 2. Claims denial X 3. Finance and Administration a. Adoption of budget, budget reviews X b. Day -today finance administration X c. Purchasing of supplies and equipment X d. Adoption of investment policies and debt service X e. Adoption of any fees X 4. Surplus personal property administration X 5. Water Commission appointments and adoption of Commission policies X 6. Approval of developer agreements and other miscellaneous agreements falling within established District guidelines X 7. Approval of consulting agreements X City Manager authorized approval for agreements under $15,000.00 X 8. Approval of construction agreements X 9. Legislative positions regarding proposed legislation X 10. Agreements with other governmental a encies/'oint powers agreements X The City of San Juan Capistrano 0 2000 4000 Feet CoIpgM l9%, gA ggMS ReseveE TM lnmrmdmn7.—.Aerern ie Me P.",.., p,Porerry.Meldla.nrg ovmers Orsderme�TM c, a. Aurr wp arrY11M suppMG unGer l¢anse anG maynp pe rcprWuceC except es lwnseE py OryIN Mp Pro]uN, Orarq Lawf/, anE Tlra Ges Cwnpeny vaM resptlm Ma ewur.rywmrpilww. ytlre wM — 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) 1v,viv.sanjuancapistrano. org January 23, 2003 Malcolm Pirnie, Inc. 2000 Powell Street, Ste Emeryville, CA 94608 Attention: Peter Talbot, Dear Mr. Talbot: I 1180 P. E. a • I J�i INIRIIW • DuuuN, Tim 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN CITYMANAGER GEORGE SCARBOROUGH Please find enclosed an original, fully executed, Personal Services Agreement related to providing construction management services for the Ground Water Recovery Project. We have received evidence of insurance and bonding as required by the agreement. Please keep in mind that this documentation must be maintained current with our office, or all work under this agreement must stop and all payments for services rendered will be withheld, until these documents are brought current. You may proceed with work under this agreement in coordination with the Project Manager, Eric Bauman, Water Engineer Manager (949) 487-4312, who can also assist you with any questions regarding the agreement. Thank you, r� v � M Mon han, CMC Ci Cler enclosure: as noted cc: Eric Bauman, Senior Engineer Amy Amirani, Public Works Director MUG use n San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) ivlv,v sanjuancapistrano. org December 5, 2002 Malcolm Pirnie, Inc. 2000 Powell Street, Ste 1180 Emeryville, CA 94608 Attention: Peter Talbot, P.E. Dear Mr. Talbot: INYINIItII DunlvG i 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE 1- BATHGATE COLLENE CAMPBELL JOHN S. GELFF MATT DAVID M. S ERDUN CITY MANAGER GEORGE SCARBOROUGH A Personal Services Agreement related to providing construction management services for the Ground Water Recovery Project was approved by the City Council on December 5, 2002. It is in the process of being executed and will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Insurance evidence may be faxed to (949) 493-1053, followed by original signed documents. I have enclosed copies of pages 4 and 5 of the agreement for your reference in supplying this documentation. Until this documentation is received, no work may proceed under the terms of this agreement. All evidence of insurance must also be maintained current during the term of the agreement, or payment for services will be withheld until it is brought current. If you have questions specific to the contact, please contact the project manager, Eric Bauman, Senior Engineer (949) 487-4312. If you have questions regarding the forms of insurance needed, please contact Dawn Schanderl, Deputy City Clerk (949) 443-6310. Thank you, eq Anon han, CMC as noted cc: Eric Bauman, Senior Engineer Amy Amirani, Public Works Director awn Schanderl, Deputy City Clerk San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN -JUAN CAPISTRANO, CA 926755 (949) 493-1171 (949) 493-1053 (FAX) Tvlvry sanjuancapistrano. org December 5, 2002 Malcolm Pirnie, Inc. 2000 Powell Street, Ste 1180 Emeryville, CA 94608 Attention: Peter Talbot, P.E. Dear Mr. Talbot: 0 MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE COLLENE CAMPBELL JOHN S. GEUT MATT HART ONAD M. SWERDUN CITY MANAGER GEORGESCARBOROUGH A Personal Services Agreement related to providing construction management services for the Ground Water Recovery Project was approved by the City Council on December 5, 2002. It is in the process of being executed and will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Insurance evidence may be faxed to (949) 493-1053, followed by original signed documents. I have enclosed copies of pages 4 and 5 of the agreement for your reference in supplying this documentation. Until this documentation is received, no work may proceed under the terms of this agreement. All evidence of insurance must also be maintained current during the term of the agreement, or payment for services will be withheld until it is brought current. If you have questions specific to the contact, please contact the project manager, Eric Bauman, Senior Engineer (949) 487-4312. If you have questions regarding the forms of insurance needed, please contact Dawn Schanded, Deputy City Clerk (949) 443-6310. Thank you,, ^ Meq M�V Mon han, CMC as noted cc: Eric Bauman, Senior Engineer Amy Amirani, Public Works Director L.Iawn Schanderl, Deputy City Clerk onuoln8 San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 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. 151 0 0 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 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 Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/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. 5 n u 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) 1vwiv_ sanjuancapistrano. org Jtwo 1��Y,,�(.� IA[IAIAAAIIO IsuAu"B � 196I 1776 MEMBERS OF THE CITY COUNCIL DL E L. BATHGATE COLLENE CAMPBELL JOHN S. GELFF MATT HART DAVID M. SWERDUN CITY MANAGER GEORGESCARSOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on December 3, 2002 in the City Council Chamber in City Hall, to consider: "Consideration of an Agreement for Project Management Services Related to the Ground Water Recovery Project (Malcolm Pirnie, Inc.) (CIP #758)" — Item No. 12c If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, December 2, 2002 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Eric P. Bauman, Senior Engineer. You may contact that staff member at (949) 487-4312 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(a)sanivancapistano.oro. Meg Mo n, CMC City Cl rk cc: MMeblm Pirnie, Inc.; Amy Amirani, Public Works Director; Eric P. Bauman, Senior Engineer * Received staff report MUO USE IS San Juan Capistrano: Preserving the Past to Enhance the Future