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05-0711_R.B. HOLT, INC_Agreement9 0 AGREEMENT 0`rl, �THIS AGREEMENT is made and entered into this day of , 2005, by and between the City of San Juan Capistrano (hereinafter referre to as the "City") and R.B. Holt, Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to repair the Via Cervantes Surficial Slope Failure; 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" (Geotechnical Recommendations) and Exhibit "B" (Contractor's Proposal) 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 30 calendar days after the effective of the Notice to Proceed. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be a lump sum totaling Forty -Nine Thousand Three Hundred Thirty ($49,330), as set forth in Exhibit "B," attached and incorporated herein by reference. 1 SC E 3.2 Payment. 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 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, which 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. 2 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 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. 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 193 0 0 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 12. 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 13. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 13.1 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. 13.2 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; 2 0 0 $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 13.3 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. 13.4 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. 13.5 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. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 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 14. 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 9 0 not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 15. 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: R. B. Holt, Inc. 34249 Camino Capistrano #216 Capistrano Beach, CA 92624 Section 16. 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. Section 17. 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 18. 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. 0 r] IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: APPROVED AS TO FORM: John R. aw, City Attorney 7 CITY OF SAN JUAN CAPISTRANO Dave Adams, City Manager CONSULTANT Of By: A6"Z7fOs" R. B. Holt, Inc. 0 EXHIBIT "A" 0 GEOTECHNICAL RECOMMENDATIONS E 0 • Lawson & Associates Geotechnical Consulting, Inc. January 18, 2005 7,- Project V li �I ProjectNo. 051007-01 Mr. Eric Bauman MAR CITY OF SANJUAN CAPISTRANO 32400 Paseo Adelanto L_ — ppBLIC WQRK$ San Juan Capistrano, CA 92675 Subject: Updated Limited Geotechnical Evaluation of Surfcial Slope Failure Within Backyard Ascending Slope of 31692 Via Cervantes, San Juan Capistrano, California Introduction In accordance with your request, Lawson & Associates Geotechnical Consulting, Inc. (LGC) has performed a visual geotechnical evaluation of the surficial slope failure within the steeply ascending backyard slope of the subject property in the city of San Juan Capistrano, California. The failure was reported to the City of San Juan Capistrano on Wednesday, January 12, 2005, after a period of intense regional rainfall. It is our understanding that an observed leak in a waterline in the slope above the failure was also reported at that time. Our evaluation included review of potential impact to the existing water line within the subject slope above the failure. We have prepared this report to present our findings, conclusions, and recommendations regarding the subject slope failure. Findines A field reconnaissance visit to the site consisting of visual observation was performed January 13, 2005, by an engineering geologist. A surficial failure on the order of 30 feet wide, 15 feet high, and two to four feet in thickness was observed above a mid -slope v -ditch at the upper portion of the subject property's steeply ascending backyard slope. An additional surficial failure was observed just below the v -ditch. The lower failure was partially obscured by dense vegetation, however, it appeared to be smaller than the upper failure. It was estimated to be approximately 15 feet wide, 6 feet high, and one to three feet deep. Materials were displaced in the direction of the existing multi-level pool with carved -rock improvements extending partway up the slope. Photographs of the failure and surrounding area, taken at that time, are appended below. It should be noted that the dense vegetation below the v -ditch obscured photos of the lower, smaller failure. At the time of the field visit, representatives of the City of San Juan Capistrano were evaluating a reportedly leaking waterline. A stream of water was observed from the area of the waterline at the top of the slope above the subject property, flowing into the area of the upper failure and then into the v -ditch. It is our understanding that the flow of water was stopped soon after LGC's field visit. Review of the area surrounding the in-place waterline did not indicate potential for impending failure of the line itself, at the time of our field visit. 1319 Calle Avanzado • San Clemente • CA 92673-6351 • 949.369.6141 • Fax: 949.369.6142 • www.Igegeo.com 0 Conclusions 0 The failure was found to be localized and shallow, likely the result of saturated soil conditions. It does not appear to be related to, or an indication of a deep-seated failure. The failure was likely triggered as a result of both the recent, intense rains, and concentrated water flow at this location. Excess moisture in the area of the failure and the loss of material has reduced the stability of the adjacent soils and improvements. No impact was observed to the existing waterline alignment above the subject failure at the time of the evaluation. Recommendations Our recommendations fall into two categories; control of water infiltrating the soils adjacent to the failures, and reconstruction of the failed areas of the slope. Any leakage or other source of water should be stopped to help ensure that the slope does not continue to fail or fail in other areas. In addition, the amount of irrigation water applied to the surrounding slopes should be checked and decreased to the least amount allowable for healthy plant growth. If rain is predicted, exposed areas of the failures or repair operation should be covered with plastic sheeting and sandbags to reduce surface infiltration. Slumped soil and plant materials should be removed and replaced with compacted engineered fill (Refer to Repair Detail, Figure 1). Loose or otherwise deleterious soil material should be removed until competent material is found. Two small keyways should be excavated at the toe of each of the two levels of failure, with the base of each keyway tilted into slope at a minimum of 2 percent. A geotechnical representative from LGC should observe the keyway prior to filling. The bottom and sides of the excavation should be benched into competent material with small vertical benches. The excavation should be filled back to original grades with suitable fill material in 6- to 8 -inch lifts, moisture conditioned or dried back to approximately 2 percent above optimum moisture content, and compacted to a minimum of 90 percent relative compaction per ASTM 1557. A geotechnical representative from LGC should observe the backfill operation at regular intervals. Soils used for fill should be relatively free of organics, large rocks, or other deleterious material. Once the slope is reconstructed to original grades, the area should be covered in jute netting or equivalent, and reseeded or landscaped. Due to the steepness of the slope, deep-rooted vegetation and plants that provide continuous ground cover are preferable. Care should be taken to avoid over watering of the slope during re - vegetation. The recommendations given above should be considered as a design that we have observed to be successful at similar sites rather than a calculated solution. Implementing the recommendations above will not eliminate all erosion or the potential for future failures, but should maintain the functionality of the improvements and reduce the potential of future slope failures that may impact the existing waterline. We recommend that this repair be implemented as soon as possible. Limitations Our services were performed using the degree of care and skill ordinarily exercised, under similar circumstances, by reputable engineers and geologists practicing in this or similar localities. No other warranty, expressed or implied, is made as to the conclusions and professional advice included in this report. It should be understood that LGC has relied on the accuracy of verbal information provided by you and other Project No. 051007-01 Page 2 January 18, 2005 0 0 associated parties in preparation of this letter report. LGC makes no warranties or guarantees as to the accuracy or completeness of information obtained from or compiled by others. The findings of this report are valid as of the present date. However, changes in the conditions of a property can and do occur with the passage of time, whether they be due to natural processes or the works of man on this or adjacent properties. Therefore, the findings, conclusions, and recommendations presented in this report can be relied upon only if LGC has the opportunity to observe the subsurface conditions during grading, in order to confirm that our preliminary findings are representative for the site. If you should have any questions, please do not hesitate to contact this office. Sincerely, LAWSON & ASSOCIATES GEOTECHNICAL CONSULTING, INC. - Katie Maes, CEG 2216 Timothy Lawson, CEG 1821, GE 2626 Project Geologist Principal Engineer/Geologist KTM/BTZ/TJL/sec Attachments: Photographs of Slope Failure (3) Figure I—Surficial Slope Failure Repair Detail Distribution: (4) Addressee Project No. 051007-01 Page 3 January 18, 2005 0 0 failure. Project No. 051007-01 Page 4 January 18, 2005 I LM M A �. ©@ I LM M Dense vegetation and cut landscape debris obscure a portion of the smaller slump below the mid -slope v- ditch. Project No. 051007-01 Page 6 January 18, 2005 • REPLACE APPROXIMATE WITH FAILURE VCOMPACTED TOPOGRAPHY FILL i DESIGN GRADE BASE of SLIDE+ MATERIAL +++ + + + + + . + + + + + + +J>A-+r'+1 KEY TILTED INTO SLOPE NOTES 1, REMOVE LOW DENSITY SOIL / SLIDE DEBRIS UNTIL COMPETENT MATERIAL IS REACHED 2. EXCAVATE KEYWAY (SIZE TO BE DETERMINED BY GEOTECHNICAL CONSULTANT) AT TOE OF SLOPE OR LOWEST POINT OF LANDSLIDE, WITH THE BOTTOM TILTED INTO SLOPE AT 2% 3. BOTTOM AND SIDES OF EXCAVATION MUST BE BENCHED INTO COMPETENT MATERIAL 4. PLACE BACKFILL IN MAXIMUM 6" TO 8" LIFTS AND COMPACT TO A MINIMUM OF 90% RELATIVE COMPACTION 5. TRIM AND BLEND REPAIRED AREAS INTO UNFAILED PORTIONS OF THE SLOPE 6. TRACKWALK OR COMPACT FINAL SLOPE SURFACE WITH SUITABLE EQUIPEMENT, COVER WITH JUTE NE-FFING OR EQUIVALENT, AND RESEED OR PLANT 7. GEOTECHNICAL OBSERVATION SHOULD BE PERFORMED AFTER EXCAVATION OF KEY AND PERIODICALLY DURING BACKFILL OPERATIONS. NOT TO SCALE SURFICIAL SLOPE FAILURE _ REPAIR DETAIL 0 0 Lawson & Associates Geotechnical Consulting, Inc. PROJECT MEMORANDUM To: City of San Juan Capistrano Date. June 2, 2005 Department of Public Works Project No.: 051007-01 Attention: Mr. Peter Salgado From: Katie Maes Subject. Additional Recommendations for Repair of Surficial Failures at 31692 Via Cervantes, San Juan Capistrano, California Reference: LGC, 2005, Limited Geotechnical Evaluation of Surficial Slope Failure Within Backyard Ascending Slope of 31692 Via Cervantes, San Juan Capistrano, California, Project No. 051007-01, dated January 18, 2005 Based on the field meeting held at the site June 1, 2005, with City of San Juan Capistrano representatives and potential grading contractors for the subject Surficial failures, we understand that the contractors have requested that repair of the two failures (upper and lower) be performed as a single operation, as opposed to the two keyway operation recommended in the referenced report. Therefore, additional recommendations for a single repair operation are as follows: The excavation should be performed such that exposureof the lower keyway and lowest portion of backout is limited. The keyway should be excavated in at least two sections laterally, and fill should be placed in the first section prior to excavation of the next section. Keyway construction should be timed to avoid exposure over weekends and through potentially rainy weather. Once a section of keyway is excavated and geotechnically observed, fill placement should be performed as soon as possible in accordance with the referenced report. The geotechnical consultant may provide additional recommendations during the operation, based on field observations. 1319 Calle Avanzado . San Clemente . CA 92673.6331 . (949) 369-6141 . Fax (949) 369.6142 0 0 EXHIBIT "B" CONTRACTOR'S PROPOSAL iN DF-MOLI'I'IONdt GRADING LIC: #A-805391 www.rbholtcom 34249 Camino Capistrano 8216 Capistrano Beach, CA 92624 Phone 949.496-1660 Fax: 949-4%-5588 Preliminary PrgMW and Acceptance prepared for: "City of San Juan Capistrano" To, Mr. Peter Salgado fate: 6-17-V Owner: Private Residence/City of SJC Project: 31692 Via Cervantes, slope repair Phone: (949) 493-1171 Tax: (949) 493-39.5.5 Scone of Work: We will provide the equipment and labor necessary to complete the following job in it professional, safe, and workmanlike manner according to the code of standard practice. Eguipment to be Used: 939c track loader, 3200 excavator, 463CP compactor, fire hose. WRfk to be completed: includes machinery, trucking, grading, excavation, and labor. I. Mobilize equipment Includes one mobilization (in/out) for each piece of equipment listed above. $2,100.00 2. Clear and grub proposed work site area from all existing greepwaste, grass, and debris as per project outline. Includes buried debris up to 20' in depth (roots). Transport/carry grub and vegetation material to upper borrow site as per meeting and grind up into organic groundcover as needed to minimize greenwaste. $4,300.00 3. Repair slope as per soils report recommendations. Excavate acceptable keyway up to 6' in depth, its per onsite meeting, keep approved bench at 2% minimum inward angle as per report. Reach -fill slope and repair by removing unsuitable/tarnished areas. Compact all fill and native material to 90% or >. Estimated 400-600 cubic yards of remedial slope re -building, $32,130.00 4. Install hydro -seed and jute -netting on newly rebuilt slope as per bid request specification: $2,200.00 5. Repair broken portion of existing AC waterline (estimated repair at So' of new pipe and couplings to be installed). $2,000.00 6. Borrow site dirt needed balance slide repair area: Estimated amount of fill needed/cost is 150 cubic yards, $5,100.00 "This price includes cutting from borrow site, transporting to slope repair, and placing/compacting material. 7. Finish grade proposed 2:1 slope within .5 of one foot tolerance. Track in slopes for finish compaction and consistency. $1,500.00 Oualificatiffil 1. Soils report by LGC, project 0051007-01. No gradin$ plan available at time of estimate. Y.103 • 0 2. All contents in this proposal are requested to be Implemented into a separate contract if a separate contract is to be constructed. 3. Access to slope repair is from the NW side of the resident's property as per meeting. 4. R.B. HOLT, Inc. reserves the right to withdraw or modify this proposal if not accepted in writing within 30 days of submittal. 5. Damageldeath to trees in slide area may occur due to possible requirements of removal. R.B. HOLT, INC. will do our best to preserve as many trees/bushes as possible. However, we will not be held liable for trees in slide area. 6. PAYMENT SCHEDULE- Bi -monthly progress payments, and payment in full is due upon completion of grading. PRICE OF PROPOSAL: .................................549,330.00 AI ernat {additions: 1. 4" sub -drain system cost per linear foot (incl. rock and fabric): $26.23 per font installed/ 50 foot minimum charge, 2. Cost per LF outlets for 4" sold SCH 40 pipe: $3.43 per LF/ 20' minimum charge. 3. Deeper than 6' keyway excavation charge: $14.22 per cubic yard processed in slide repair area. 4. Cost to re -weld and paint 16' section of wrought iron fence (access area): 1600.00 5. AC pipe is no longer used in repairs. Plastic, C-900 or CL200 pipe will need to be used in its place for a price (incl. labor Q 18.12 per LF) Two (2) couplers will be needed ta) $516.00 each to re -connect pipe. 6. Fill sand if needed may be furnished and installed to shade pipeline for $930.00 per 25 ton truck load. Possible one to two truck loads (1-2) are needed for this repair. 7. Y -ditch replacement price is $1655.00 per linear foot. 40' minimum charge. 8. 1.5 gallon tree prices will vary depending on species of trees. Estimate: $200.00 per 15 gallon tree. Includes purchase of tree and installation. ExcLUxions. All permits, bonds, soils testing an/or surveying, water meter and/or source (cost) for fire hydrant meter, staking or surveying, shoring, all unmarked utilities or capping of utilities, sub -drain installations, septic tank removal, footing excavation or footing spoil export, native material too wet to be worked or processed (overly saturated muteriat/mud, pool excavations, replacinglrepairing irrigation lines or sprinklers, exporting or hauling unusable rocks larger than 8" in diameter, screening rocks, digging of caissons, unconventional equipment excavations, rock or earth materials unable to be excavated with equipment provided, blasting, salvage for others, dust monitoring devices, erosion control or hydro seeding, damage caused by rain or water spillage not caused by R.B. HOLT, Inc., slope stabilization with adding hardeners or fabric to soils, sub -drain installations in slope or other areas, other work than that stated in above proposal, inclement weather, or any other acts of God. Letter of Acceptance: All amounts, conditions, and specifications are hereby accepted. Delinquent accounts are subject to collection fees, and court costs. Amounts left unpaid will be charged 18% per year, or until remainder of bill is paid in full. All materials are to be guaranteed to be as specified, All work to be completed in a professional manner according to standard practices. Owner agrees to pay daily rental charge + 15% on all onsite equipment if there are delays to contractor. Any alterations or deviations from above specifications involving extra costs will be executed only upon written orders and will become an extra change order and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Owner/City of San Juan Capistrano is to carry fire, and other necessary insurance. Our workers are fully covered by Workers Compensation Insurance. RICH HOLT, President, R.B. HOLT. INC. THE CITY OF SAN JUAN CAPISTRANO Proposal will he void if not acceptLd in 30 days. Priee Is valid through 7.17-05. Thank you for the opportunity to hid on this project. Submitted on 647-05. 9 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER Peter Salgado, Senior Civil Engineer ,FAOOM: Mitzi Ortiz, Deputy City Clerk DATE: September 1, 2005 SITUATION: On July 11, 2005 the City of San Juan Capistrano entered into an Agreement with R.B. Holt, Inc. to repair the Via Cervantes Surficial Slope Failure. ACTION REQUESTED: Said Agreement states services shall be completed within (30) days or by August 10, 2005. On August 2, 2005, said Agreement extended (30) days or to September 9, 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: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 08/01/05 09101105 Deadline Date: 08110105 09109105 (600.301rb holt) 0 32400 PASEO ADELA WO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano.org October 4, 2005 R. B. Holt, Inc. 34249 Camino Capistrano #216 Capistrano Beach, CA 92624 j� IA[BBIBIAIFB LEE ABusNED 1961 1776 MEMBERS OF THE CITY COUNCIL SAMALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN RE: Compliance with Insurance Requirements — Via Cervantes Surficial Slope Failure The following insurance document is due to expire: ✓ Workers' Compensation Certificate 11/01/2005 Please submit updated documentation by the above expiration date to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 or fax to (949) 493-1053. If you have any questions, please contact me at (949) 443-6310. Sincerely, MitzVOrtiz Deputy Ci y Clerk cc: Michelle Perea, Administrative Assistant co(� San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on recvcletl pacer 08/16/2005 12:07 A=BD,,,EC RTI 9099419453 NUGEN INS LIABILITY IN! THIS NUGEN & ASSOC INS SERV INC ONL' 10722 ARROW RTE #116 RANCHO CUCAMONGA CA 91730 PR 909/941-0167 TI'X 909/941-9453 gSURFD R$ HOLT INC 34249 CANI1't'o CAPISTRANO STR#216 CAPISTRANO SEACB, CA 92624 THIS GI.1411;721H=1 INIA PAGE 01/02 DAIE(MMIUINYYYY) NAIC# V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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, INER T o DATE THEREOF, THE ISSUING INSURER MAIL 30 DAYS wRITTEN POLICY NUMBER TLICYFE O T EF PDATEEXP I N OA E ( LIMBS AUTHORIZED REPRESENTATIVE v GENERAL LIABILITY X COMMERCIAL GENERANL�, LIABILITY EACH OCCURRENCE $1,000,000.00 PREMISES ECCIIC ) S 50,000.00 A X CLAIMSMADE EXI OCCUR 05411176 01 08/13/05 08/13/06 MEOEXP(Anymnp�) S 5,000.00 PERSONAL B ADV INJURY $1,000,00o.0o GENERAL AGGREGATE $2.000,000.00 GEM% AGGREGATE LIMIT APPLIES PER; PRODUCTS• COMPIOP AGG $11000,000.00 -jFj POUCV P LOC AUTOMOSILFLIABILITY COMBINED SINGLE LIMIT $1,000,000.00 X ANYAUTO (EE eccldeni) X ALLOWNEDAVFDS SCHEnULEO AUTOS BOOILYINJURY S (Per PElstln) BODILYINJURY $ (Pctictltlent) $ X X HIRED AUTOS NON-OWNFDAUTOS RAP 141881 12/17/04 12/17/05 PROPERTY DAMAGE $ (PorRWtlmO — GARAGE LABILITY AUTO ONLY -EA ACCIDENT S OTHERTHAN EAACC $ AUTOONLY: AGO S ANYAUTO EXCESSAIMBRELLA LABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR EJCLAIMSMADE S $ DEDUCTIBLE $ RETENTION $ WORK£RACOMPENSATIONAND TAT }1 107M, TOY ER E.L.EACHAGGIDENT $ EMPI.OYERS'LIABtUTY ANY PRCPRIETOPPARTNEP2%BCUTNE OFFICERMEMIER EXCWDEM E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT $ Hye�tlexrlbeundG/ SPECIAL PROVISIONS below OTHER INLAND IMP 1747844 02 7.0/25/04 10/25/05 ALL RISK $1,000 -DED C MAR= VALUE$701,000. DESCRIPTION Of OPERATIONS / LOCATIONS I VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT ISPECIAL PROMSIONS 31692 VIA CERVANTES CITY OF SAN JUAN CAPISTRANO CA.GRA0ING/C4EARING LAND CITY OF SAN JUAN CAPISTRANO, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED PER FORM ANF043 09/03 GCINIIYR.AUL nulwm[— SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BFFORE THE EXPIRATION CITY o8 SAN ,IRAN CA$ISTRANO DATE THEREOF, THE ISSUING INSURER MAIL 30 DAYS wRITTEN 32400 PASEO ADELANTO 11 NOTICE T07HE CERTIFICATE HOLDS TO THELEFT. SAN JUAN CAPISTRANO CA 92675 102 7#=t AUTHORIZED REPRESENTATIVE v PETER SA7AGAD0 ACORDU(2001/08) Y r AA� 08/16/2005 12:07 9099419453 Insured: RB HOLT INC Policy Number: GS411176 01 NUGEN INS • BLANKET ADDITIONAL INSUREDS — OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO (TS OFFICERS, AGENTS AND EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) PAGE 02/02 A. Section II — Who Is An Insured is amended to Include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. S. With respect to the insurance afforded to these additional insured, the following exclusion is added: 2. EXLUSIONS This Insurance does not apply to "bodily Injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed: or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF 043 (9/2003) 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 4931053 FAx - www.sanjuancapistrano.org July 25, 2005 R. B. Holt, Inc. 34249 Camino Capistrano #216 Capistrano Beach, CA 92624 /� IA[AAIMBfI • (SlA0.1SH1 I 1461 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN RE: Compliance with Insurance Requirements — Via Cervantes Surficial Slope Failure The following insurance documents are due to expire: ✓ General Liability Certificate 08/13/2005 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. 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) 443-6310. Sincerely,, MMG itfi ov Deputy City Clerk cc: Michelle Perea, Administrative Assistant San Juan Capistrano: Preserving the Past to Enhance the Future 0 Prinletl an recvdeE Per Qry CE NUGEN & ASSOC INS SERV INC 10722 ARROW RTE #116 RANCHO CUCAMONGA CA 91730 PH 909/941-0167 FX 909/941-9453 VSURED RB VOLT INC 34249 CAMINO CAPISTRANO ST8#216 CAPISTRANO BEACH, CA 92624 INSURERS AFFORDING INSURER A! NIC OATEWWODNWY) 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, WR LWI R~o PpLIGV NUMBER DXTCYEF C LKEWMMD I LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 PREMISES Ea PLC wml 3 50, 000.00 X COMMERCIAL GENERAL LIABILITY GLAIMSMADE T OCCUR MWW(Alrymepe ) s 5,000.00 A X GS411176 08/13/04 08/13/05 PERSONAL&ADV INJURY 51.0001000.00 GENERAL AGGREGATE 52.000,000.00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $1.00D,000.00 X1 POLICY LOC AUTOMOBILE X LIABILITY ANYAUTO COMBINED ED SINGLE LIMIT $1,000,000.00 BODILY INJURY (ptr �) 3 X ALLOWNED AUTOS SCHEOULED AUTOS B X X HIRED AUTOS NON•OWNEDAUTOS HAP 141881 12/17/04 12/17/05 BOOILYINJURY (Peremeen0 $ PROPERTY DAMAGE 5 IPEFecdeenq GARAGE LIABILITY AUTO ONLY -EVA ACCIDENT E OTHERTHAN EAACC $ ANYAUTO AUTO ONLY AGO S EXCESSNMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ❑ CLAIMSMAOE AGGREGATE S s E DEDUCTIBLE f RETENTION 5 WORKERSCOMPENSATIONAND EMPLOYERS LIABILITY ANY PR RIF. VAPTNF,Rffl C Ni OFFIC11"WIMP ENCLUPEM 9RY LIMB UTM- E.L. EACH ACCIDENT 3 E.L. DISEASE -EA FMPLO 3 I/yas,dcecdbe"w 8PFGIAL PROVISIONS beluv E.L. OISEA$E•POUCY LIMIT S OTHER INLAND INP 1747844 02 10/25/04 10/25/05 ALL RISK $1,000.DED C MARINE VALUE$701,000. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES / EXCLUSIONSADDEO BY ENDORSEMENT/ SPECIAL PROVISIONS 31692 VIA CERVANTES CITY OF SAN JUAN CAPISTRANO CK-GRADING/CLEARING LAND CITY OF SAN JUAN CAPISTRANO, ITS OFFICERS, AGENTS AND EML40TMS ARE NAMED AS ADDITIONAL INSURED PER FORM ANF043 09/03 SHOULD ANY OF TME ABOVE, DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI CITY OF SAN JOAN CAFISTP—%= DATE THEREOF, THE ISSUING INSURER WILL 3131111100ffi'0 MAIL30 DAYS WRITTEN 32400 PASSO ADELANTO NOTICE TO THE CERTIFX:ATE HOLDER LEFT, SAN JUAN CAPISTRANO CA 92676---- ACOR02S(2001/00) 198111 0 10 Insured: RB HOLT INC Policy Number: 03411176 BLANKET ADDITIONAL INSUREDS — OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO ITS OFFICERS, AGENTS AND EMPLOYEES RE:31692 VIA CERVANTES CITY OF SAN JUAN CAPISTRANO CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A. Section 11 — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insured, the following exclusion is added: 2. EXLUSIONS This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF 043 (9/2003) 07/08/2005 13:37 9494960 RB HOLT INC • PAGE 02 SG CERTHOLOER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION IN SURANCB FUND CERTIFICATE of WORKERS' ComENsATION nsuRANCE ISSUE DATE: o7-09-2005 GROUP; POLICY NUMBER: 1668919-2004 CERTIFICATE IU 01 CERTIFICATE EXPIRES: 11-01-2005 11-01-2004/11-01-2005 dOB:31692 VIA CERVANTES CITY OF SAN JUAN CAPISTRANO SO SAW JUAN CAPISTRANO 32400 PASCO ADELANTO CA SAN JUAN CAPISTRANO CA 92075 This Is to certify that we have issued a valid Workers' Compensation insurance policy in a farm approved by the California Insurence Commisaioner to the employer named below for the Policy period indicated. This policy is not subject to caneeflation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 dm advance notice should this Policy be cancelled Prior to its nomad expiration. This certificate of insurance 4 not an Insurance policy and does net amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requir men, term or eortditIon of any contrect or other deeument With respect to which this certificate of Insurance may be Issued Or to which 0 may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPIAYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0013 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2008-07-09 IS ATTACHED TO AND FOP A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO ENDORSEMENT #1800 - RICHARD D HOLT PRES. - EXCLUDED. ENOORSEMEHT #1800 - WENDY HOLT TRES. - EXCLUDED. —.-- ENDORSEMENT #1500 - RICHARD F HOLT SEC. - EXCLUDED. ENDORSEMENT #2086 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-01-2008 Is — ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER R.B. HOLT, SNC, R B HOLT INC, SO 34249 CAMINO CAPISTRANO STE 216 CAPD BEACH CA 92624 USJW,CNj MEV.3-e9i PRINTED : 07-08-2003 07/08/2005 13:37 94949619 C01 RB HOLT INC • PAGE 01 FAX COVER SHEET Tb: Peter Salgado Fae 493-3955 Floc Kathy Krause — OFficeManager Dow 7/812WS Ree 31692 via Cervantes, SJC Peter, No. «IPagrs: 2 lig Corer 91mey Following please find a copy of our Worker's Comp certificate. Please forgive the delay in getting this information overto you, Should you have any questions and/or require additional assistance please let me know. Kind regards, Kathy Krause 1 L 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER r>:5"' Peter Salgado, Senior Civil Engineer FR Mitzi Ortiz, Deputy City Clerk DATE: August 1, 2005 SITUATION: On July 11, 2005 the City of San Juan Capistrano entered into an Agreement with R.B. Holt, Inc. to repair the Via Cervantes Surficial Slop Failure. ACTION REQUESTED: 7 Said Agreement states services shall be co leted within (30) days or by August 10, 2005. Please notify this office ' Agree nt has been extended or completed. ACTION TO BETAKE 4-ePl� 2W s DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: Tickler Date: 08/01/05 Deadline Date: 08/10/05 (600.30/rb holt) 015 - 'FOR 5 - 'FOR CITY CLERK'S 32400 PASEO ADEAANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org July 7, 2005 R. B. Holt, Inc. 34249 Camino Capistrano #216 Capistrano Beach, CA 92624 Dear Sir or Madam: @lAAIAAARA • III ULIS AID 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WVATT HART JOE SOTO DAVID M. SWERDLIN A Personal Services Agreement related to repair of the Via Cervantes Surficial Slope Failure is in the process of being executed. It 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 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Peter Salgado, Associate Engineer (949) 443-6366. Please call Maria Guevara, Administrative Secretary, (949) 443-6310 if you have questions regarding the forms of insurance needed. Thank you, Meg V,6naNan, CMC City/Clerk of insurance cc: Peter Salgado, Associate Engineer Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future e3i Printed on recycled oaoer 0 0 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 12. 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 13. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 13A 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. 13.2 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; 0 0 0 $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 13.3 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. 13.4 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. 13.5 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. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 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 14. 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 parry 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 0 TO: Dave Adams, City Manager FROM: Amy Amirani, Public Works Director SUBJECT: Via Cervantes Slope Repair 0 June 29, 2005 Heavy rains during the period between January and March 2005 resulted in a minor surficial slope failure on a private property located at 31692 Via Cervantes. The failure is in close proximity to an existing domestic water line. Consequently, the water line has been turned off, and water is currently being provided by alternate means. In an effort to protect the existing water line, staff proposes to perform minor remedial grading to repair the slope failure and stabilize the affected area. While the surficial slope failure occurred approximately six months ago, staff was advised by its geotechnical consultant, Lawson and Associates Geotechnical Consulting (LGC), to perform the repair work during the drier, summer months. This would allow the saturated soils to dry, and thereby, promoting better compaction. LGC also advised staff against mobilizing heavy equipment over wet, compressible soil which could be unstable. The area was stabilized using sandbags and visqueen and monitored regularly through the remainder of the winter months. The area has since been deemed by LGC to be dry enough for the slope repair work to proceed. The slope repair work is based on recommendations from LGC. Staff requested bids from three local contractors for the recommended repair work. Of the three contractors, two submitted bids for review. The low bid was submitted by R.B. Holt, Inc. for a total of $49,330. Staff recommends that a Personal Services Agreement be awarded to R.B. Holt Inc. for a total of $49,330 for emergency/maintenance work to repair the surficial slope failure located at 31692 Via Cervantes. The Agreements have been approved as to form by the City Attorney and have been executed by the contractor. The Agreements are attached for your review and final execution. Staff budgeted funds in the FY 05/06 Maintenance Budget to cover the cost of this repair work. If you have any questions or require more information, please do not hesitate contact me at extension 6361. Attachments: 1. Personal Services Agreements — R. B. Holt Inc. 0 32400 PASEO ADEI-ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org July 11, 2005 Mr. R.B. Holt R.B. Holt, Inc. 34249 Camino Capistrano # 216 Capistrano Beach, CA 92624 Re: Via Cervantes Surficial Slope Failure Repair Dear Mr. Holt: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN You may proceed with the remedial grading work for the subject project. Services shall be as outlined in your Personal Services Agreement with the City, dated July 11, 2005. As part of the work, you are required to implement all applicable Best Management Practices (BMPs) for stormwater quality control. If you have any questions regarding this matter, please do not hesitate to contact me at (949) 443-6366. Sincerely, ✓orks Director Eric Bauman, Water Engineering Manager Jack Galaviz, Public Works Manager Meg Monahan, City Clerk San Juan Capistrano: Preserving the Past to Enhance the Future 0 Primed on rerycled paper • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org July 7, 2005 R. B. Holt, Inc. 34249 Camino Capistrano #216 Capistrano Beach, CA 92624 Dear Sir or Madam: lA[AANIIiFI • IAAABISHO 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE SATHGATE WYATf HART JOE SOTO DAVID M. SWERDLIN A fully executed, original Personal Services Agreement related to repair of the Via Cervantes Surficial Slope Failure is enclosed for your records. Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement upon receipt of instructions to do so from the project manager, Peter Salgado, Associate Engineer (949) 443-6366. Thank you, khan, CMC agreement cc: Peter Salgado, Associate Engineer Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on receded paper