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Project 129 - Contract - Traffic Control Engineering - 2008-09-29 4 AGREEMENT FOR TRAFFIC CONTROL ENGINEERING CONSULTANT SERVICES PROJECT #129 BRISTOL STREET SEWER REPLACEMENT THIS AGREEMENT is made and effective as of September 29 2008 between the Costa Mesa Sanitary District, a sanitary district ("District") and Traffic Control Engineering, Inc. a corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1 TERM This Agreement shall commence on September 29 2008 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31 2008 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the tasks described and set forth in Exhibit A attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A 3. PERFORMANCE Consultant shall at all times, faithfully competently and to the best of his/her/its ability experience, and talent perform all tasks described herein. Consultant shall employ at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. DISTRICT MANAGEMENT District's Manager shall represent District in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. The District Manager shall be authorized to act on District's behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant's compensation, subject to Section 5 hereof 5. PAYMENT (a) The District agrees to pay Consultant monthly in accordance with the payment rates, terms and schedule of payment as set forth in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full based upon actual time spent on the above tasks. This amount shall not exceed Nineteen thousand dollars ($19,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the District Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by District Manager and Consultant at the time District's written authorization is given to Consultant for the performance of said services. The District Manager may approve additional work not to cumulatively exceed the greater of fifteen-thousand dollars ($15,000 00) or ten percent (10%) of the original contract sum. Any additional work in excess of this amount shall be approved by the Board of Directors. (c) Consultant will submit invoices for actual services performed Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the District disputes any of Consultant's fees it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The District may at any time, for any reason, with or without cause suspend or terminate this Agreement, or any portion hereof by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the District shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the District pursuant to Section 5 7 DEFAULT OF CONSULTANT (a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control and without fault or negligence of the Consultant, it shall not be considered a default. (b) If the District Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that the Consultant fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS (a) Consultant shall maintain complete and accurate records with respect to the project and other such information required by District that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of District or its designees at reasonable times to such books and records; shall give District the right to examine and audit said books and records; shall permit District to make transcripts therefrom as necessary. and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion termination or suspension of this Agreement all other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used reused or otherwise disposed of by the District without the permission of the Consultant. With respect to computer files, Consultant shall make available to the District, at the Consultant's office and upon reasonable written request by the District, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION (a) Indemnification for Professional Liability When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law Consultant shall indemnify protect, defend and hold harmless District and any and all of its officials, employees and agents ("Indemnified Parties') from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement. (b) Indemnification for Other Than Professional Liability Other than in the performance of professional services and to the full extent permitted by law Consultant shall indemnify defend and hold harmless District, and any and all of its employees, 3 officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, loses, expenses or costs of any kind, whether actual, alleged or threatened including attorneys fees and costs, court costs, interest, defense costs and expert witness fees), where the same arise out of are a consequence of or are in any way attributable to in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. (c) General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by for with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here Consultant agrees to be fully responsible according to the terms of this section. Failure of District to monitor compliance with these requirements imposes no additional obligations on District and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend District as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (d) Indemnity Provisions for Contracts related to Construction. Without affecting the rights of District under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless District for liability attributable to the active negligence of District, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where District is shown to have been actively negligent and where District's active negligence accounts for only a percent of the liability involved the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of District. 10. INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit 'B' attached to and part of this Agreement. (A certificate of insurance should be attached.) 11 INDEPENDENT CONSULTANT (a) Consultant is and shall at all times remain as to the District a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither District nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the District. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against District, or bind District in any manner 4 (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for District. District shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder 12. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 13. UNDUE INFLUENCE Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the Costa Mesa Sanitary District in connection with the award terms or implementation of this Agreement, including any method of coercion confidential financial arrangement or financial inducement. No officer or employee of the Costa Mesa Sanitary District will receive compensation, directly or indirectly from Consultant, or from any officer employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the District to any and all remedies at law or in equity 14 NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member officer or employee of District, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceed thereof for work to be performed in connection with the Project performed under this Agreement. 15. RELEASE OF INFORMATION / CONFLICTS OF INTEREST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without District's prior written authorization. Consultant, its officers, employees, agents or subconsultants, shall not without written authorization from the District Manager or unless requested by the District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered 'voluntary' provided Consultant gives District notice of such court order or subpoena. (b) Consultant shall promptly notify District should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for 5 admissions, or other discovery request, court order or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the District. District retains the right, but has no obligation to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with District and to provide the opportunity to review any response to discovery requests provided by Consultant. However District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response 16. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (H) delivery by a reputable document delivery service such as but not limited to Federal Express, which provides a receipt showing date and time of delivery or (iii) mailing in the United States Mail, certified mail postage prepaid return receipt requested addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To District: Costa Mesa Sanitary District 628 West 19th St Costa Mesa, CA 92627 Attn. District Clerk To Consultant: Traffic Control Engineering, Inc. 231 E. Imperial Hwy Suite 241 Fullerton CA 92835 Attention. David Kuan P.E. President 17 ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof nor any monies due hereunder without prior written consent of the District. Because of the personal nature of the services to be rendered pursuant to this Agreement, only David Kuan shall perform the services described in this Agreement. David Kuan may use assistants, under its direct supervision, to perform some of the services under this Agreement. Consultant shall provide District fourteen (14) day's notice prior to the departure of David Kuan from Consultant's employ Should he/she leave Consultant's employ the District shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this agreement, Consultant's sole compensation shall be payment for actual services performed up to and including, the date of termination or as may be otherwise agreed to in writing between the Board of Directors and the Consultant. 6 18. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 19. GOVERNING LAW The District and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district court with jurisdiction over the Costa Mesa Sanitary District. 20 ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21 AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder 22. INTERPRETATION In the event of conflict or inconsistency between this Agreement and any other document, including any proposal or Exhibit hereto this Agreement shall control unless a contrary intent is clearly stated IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. COSTA MESA SANITARY DISTRICT TRAFFIC CONTROL ENGINEERING, INC A) Ca Distr t a -ger Si t ure ROBI B. HAMERS DAVID KUAN, President ATTEST Di ict Clerk APPROVED AS TO FORM: District Counsel 8 AGREEMENT FOR TRAFFIC CONTROL ENGINEERING CONSULTANT SERVICES PROJECT #129 BRISTOL STREET SEWER REPLACEMENT APPENDIX A CONTENTS TRAFFIC CONTROL ENGINEERING, INC PROPOSAL CMSD PROJECT SCHEDULE 9 TRAFFIC CONTROL ENGINEERING, INC September 15 2008 Mr Joe Sinacori, Project Engineer Costa Mesa Sanitary District 234 East 17th Street, Suite 205 Costa Mesa, CA 92627 Re CMSD#129 Bristol Street Sewer Replacement (Autoplex to Birch Street) In County of Orange/Cities of Newport Beach and Costa Mesa/Caltrans Traffic Control Plan — Cost Proposal Dear Joe. Thank you for the opportunity to propose our services for traffic control design of the above construction project. The following is the cost proposal per our phone call last week regarding the preparation of the above referenced Traffic Control Plan. Traffic Control Engineering has a substantial track record in preparing Traffic Control Plans. Our familiarity with local government requirements will be the greatest asset in assuring a timely and cost effective product. SCOPE OF SERVICE The following is our proposed Scope of Services. 1 Define the Traffic Control necessary for the project. Two alternatives are presented. We will contact Cities of Newport Beach & Costa Mesa, County of Orange, and Caltrans to determine the selected construction alternative for traffic control design. 2. Retrieve necessary base plans, i.e. Striping Plan, Signal Plan, Construction plans from various sources. 3 Field review to determine existing street system driveways that may be affected and existing traffic conditions. 4 Develop traffic control strategies and coordinate with Client to select the most cost effective plan 5. Finalized traffic control plan, consistent with City/County/Caltrans standards including signing, legends, and other construction detour standards. 6 Submit to Client for City/County/Caltrans review and approval. 231 E. Imperial Hwy Suite 241 Fullerton, CA 92835 TEL (714) 447-6077 FAX (714) 447-6081 FEE PROPOSAL Street Location Bristol St. Xing near Sta. 12 Bristol St Sta 12+12 to Sta. -15+50 Maintain 1 s/b thru. lane and 1 offramp lane Bris of St. Sta. 15+50 to Irvine Ave Maintain 1 s/b thru lane and close SR73 offramp per alternative below Bris of St. Xing at Irvine Ave Maintain 1 s/b thru lane and close SR73 offramp per alternative below Bristol St. Irvine Ave Birch Bristol St. at Birch Two alternatives of traffic control should be considered: Alternative 1 Closure of southbound SR73 off-ramp at Irvine Avenue during working hours. This alternative will likely require Caltrans involvement, including the preparation of a Traffic Management Plan (TMP). Alternative 2: Closure of one southbound SR73 off-ramp lane at Irvine Avenue Traffic signal at Bristol Street South and Irvine Avenue may be placed on all-way flash. Traffic officers or contractor's flaggers should be employed to enforce the turning restrictions at the intersection during working hours. Assumption: o. No temporary traffic signal/striping modification is anticipated. o. All open trench to be back-filled or steel-plated and traffic to be restored daily o Meetings with Cities of Newport Beach & Costa Mesa, County of Orange, and Caltrans may be required. o. Irvine Ave. widening project is assumed to be completed during this sewer line construction. o. One alternative will be selected prior to our design. We propose to provide our services for the proposed Traffic Control Plan on an hourly basis with the total fee not to exceed $19 000 00 based on the attached Fee Schedule in effect at the time services are rendered. All rates are effective until December 31 2008. Should the construction plan be revised, or should additional work effort be requested after start of our project, the fee will be amended to reflect only that amount of work which was necessitated by the revision. Submittal of a revision or a request for additional work by your company or City/County/Caltrans will constitute authorization to amend the scope of services. If the above proposal is acceptable, please so indicate by signing in the space provided and returning a copy for our files. Or you may send us a P 0 for the above work. Please feel free to call me at your convenience. S incerely TRAFFIC CONTROL ENGINEERING, INC. Dav d Kuan, P E. President DK.dr THIS PROPOSAL IS ACCEPTED Print Name Signature Title Date Costa Mesa Sanitary District Company 234 East 17th Street, Suite 205, Costa Mesa, CA 92627 Address 949) 631 1731 (949) 548-6516 Telephone Number FAX FEE SCHEDULE January 1 2008 EMPLOYEE HOURLY RATE Principal (Project Manager) $215 00 Transportation Engineer (Project Engineer) $135 00 Design Engineer $105.00 CAC Technician. $ 82.00 Word Processor $ 60 00 TRAVEL $.70/MILE OR ACTUAL COST EXPENSES ACTUAL COST PLUS 15% HOURLY RATE INCLUDES LABOR, PAYROLL BURDEN, OVERHEAD AND PROFIT MINIMUM OF THREE HOURS FOR MEETING ATTENDANCE. DK.dr AGREEMENT FOR TRAFFIC CONTROL ENGINEERING CONSULTANT SERVICES PROJECT#129 BRISTOL STREET SEWER REPLACEMENT APPENDIX 'B' CONTENTS TRAFFIC CONTROL ENGINEERING INC INSURANCE io ACORD CERTIFICATE OF LIABILITY INSURANCE OPID JG DATE(MM/DD YYY ) TRAFF-1 10/15/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Unickel & Associates Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Unickel & Assoc Lic#0827703 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P 0 Box 10727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Bernardino CA 92423-0727 Phone 909-890-9707 Fax 909-890-9237 INSURERSAFFORDINGCOVERAGE NAIC# INSURED INSURERA Tr vlr op Co of Amen ca 40987 INSURER B Be zley Co , Traffic Control INSURER C ale _ uric= cy Co Co 25658 Enyineering, ,inc. 231 E Imperial Hwy #241 INSURER0 Fullerton CA 92835 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 IN H AllOt POLICY NUMBER DATE EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRL TYPE OF INSURANCE (MM/DDAY) DATEJMM/DDO'Y) GENERAL LIABILITY EACH OCCURRENCE $2,000,000 A X X COMMERCIAL GENERAL LIABILITY 680-7507L722 10/08/08 10/08/09 PREEMSES(aocwrence) $ 300,000 CLAIMS MADE X OCCUR MED EXP(Any person) $ 5,000 PERSONAL 8ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 �GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $ 4,000,000 n l POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2 000 000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per per n) $ A X HIRED AUTOS 680-7507L722 10/08/08 10/08/09 BODILY INJURY $ X NON-OWNED AUTOS (Pe atlent) PROPERTY DAMAGE $ (Pe accident) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ j AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X WCSTM U- 01H- TORY LIMITS ER L. EMPLOYERS'LIABILITY U86442Y19-4-08 04/14/08 04/14/09 EL EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' E L DISEASE EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E L DISEASE POLICY LIMIT $ 1,000,000 OTHER B Professional Liab V15OWJO8PNPA 10/08/08 10/08/09 Occ/Agg $1 000 000 Ded $15,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Except 10 days notice of cancellation for non-payment of premium. Cert Holder is named additional insured regarding General Liability per attached endorsement RE Project #129 Bristol Street Sewer Replacement CERTIFICATE HOLDER CANCELLATION COSTA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Costa Mesa Sanitary District DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN Attn Mr Joe Sinacori NOTICE TO TH- ' FICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Project Manager IMPOSE NO'BLIGATI'N OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 234 E 17th Ste 205 Costa Mesa CA 92627 REPRESEN'ATIVES. 0.AUTHORIZE' REPRE'ANTAATIVE ACORD 25(2001/08) V ©ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1 WHO IS AN INSURED(Section II)is amended to However if you specifically agree in a "contract or include any person or organization that you agree agreement requiring insurance"that the insurance in a "contract or agreement requiring insurance' provided to an additional insured under this Cov- to include as an additional insured on this Cover erage Part must apply on a primary basis, or a age Part, but: primary and non-contributory basis, this insurance a. Only with respect to liability for 'bodily injury' is primary to other insurance that is available to property damage or"personal injury" and such additional insured which covers such addi- tional insured as a named insured, and we will not b. If the injury or damage arises out of the per- share with the other insurance, provided that. formance, by you or your subcontractor of "your work" to which the "contract or agree- (1) The "bodily injury" or "property damage' for ment requiring insurance" applies. Such per- which coverage is sought occurs; and son or organization does not qualify as an (2) The "personal injury" for which coverage is additional insured with respect to their inde- sought arises out of an offense committed; pendent acts or for "bodily injury" "property after you have entered into that "contract or damage" or "personal injury" for which that agreement requiring insurance But this insur- person or organization has assumed liability ance still is excess over valid and collectible other in a contract or agreement. insurance, whether primary excess, contingent or 2. The insurance provided to the additional insured on any other basis, that is available to the insured by this endorsement is limited as follows: when the insured is an additional insured under a. This insurance does not apply on any basis to any other insurance. any person or organization for which cover 4. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): b. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services" payments we make for "bodily injury" "property c. The limits of insurance afforded to the addi- damage' or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed to provide in that "contract or agree- a "contract or agreement requiring insurance"with ment requiring insurance" or the limits shown that person or organization. We waive these in the Declarations for this Coverage Part, rights only where you have agreed to do so as whichever are less. This endorsement does part of the "contract or agreement requiring insur- not increase the limits of insurance stated in ance" with such person or organization entered the LIMITS OF INSURANCE (Section III) for into by you before, and in effect when,the 'bodily this Coverage Part. injury' or "property damage" occurs, or the "per- sonal injury"offense is committed. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL 5. As respects the insurance provided to the addi- LIABILITY CONDITIONS (Section IV): tional insured by this endorsement, the following definition is added to DEFINITIONS(Section V): CG D3 81 09 06 ®2006,The St.Paul Travelers Insurance Companies,Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc. with its permission. COMMERCIAL GENERAL LIABILITY "contract or agreement requiring insurance' a. After you have entered into that contract or means that part of any contract or agreement un- agreement; der which you are required to include a person or b. While that part of the contract or agreement is organization as an additional insured on this Coy- in effect; and erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- c. Before the end of the policy period. jury"is caused by an offense committed: All other terms of your policy remain the same. Page 2 of 2 ®2006.The St.Paul Travelers Insurance Companies,Inc. CG D3 81 09 06 Includes copyrighted material of Insurance Services Office,Inc. with its permission. From:Joseph Sinacori Sent: Thursday October 02, 2008 12.52 PM To: Phil Jones (Phil.Jones @rdmd.ocgov.com); Ali Fayad (ali.fayad @rdmd.ocgov.com); John Spencer(john.spencer @rdmd.ocgov.com) Cc: Jeffrey Kirkpatrick (Jeff.Kirkpatrick @hcs.ocgov.com); Rob Hamers (rbhinc @pacbell.net); Rob Hamers (robh2 @cox.net); David Kuan (trafficcontroleng @yahoo.corn) Subject: CMSD129 Bristol Street Sewer Repl Schedule Update Project Team We are sending an update on the schedule for the CMSD 129 Bristol Street Sewer Replacement project. It has taken longer than planned to coordinate with all agencies for permit& traffic,control requirements. The agencies include City of Newport Beach,City of Costa Mesa. County of Orange.and Caltrans. We will be submitting plans for 2nd agency check on October 11,2008(Monday). The submittal will include construction plans&specs plus traffic control plans. We hope to catch up to schedule in next few months and obtain approved plans by 12/1/08 per email below If you have any questions or comments,please let me know Thanks much. Joe Sinacori.Project Manager Costa Mesa Sanitary District Mobile Phone:949 315 5075 From: Joseph Sinacori Sent: Monday August 25, 2008 12:34 PM To: Phil Jones (Phil.Jones @rdmd.ocgov.com); Ali Fayad (ali.fayad @rdmd.ocgov.com); John Spencer (John.spencer @rdmd.ocgov.com) Cc: Jeffrey Kirkpatrick (Jeff.Kirkpatrick @hcs.ocgov.com); Rob Hamers (rbhinc @pacbell.net); Rob Hamers (robh2 @cox.net) Subject: CMSD129 Bristol Street Sewer Repl Schedule Phil Jones. Manager OC RDMD Flood Control Design Per Your request,we are providing the following tentative schedule for the CMSD 129 Project 9/29/08 Submit Plans& Specs with Traffic Control Plans For 2"d Agency Check Agencies include City of Newport Beach.County of Orange.City of Costa Mesa. Caltrans 10/20/08 Obtain Agency Comments on 2"d Plan Check 11/10/08 Resubmit Plans&Specs With Traffic Control Plans For 3rd& Final Agency Check 12/1/08 Plans Approved By All Agencies 12/8/08 Send Plans To Contractors For Construction Bids 14 Week Period) 1/5/09 Bid Opening&Selection of Contractor 1/22/09 Award Job at CMSD Board of Directors Meeting 2/13/09 Execute Construction Contract With Insurance& Bonds 2/16/09 Start Construction 4/6/09 End Construction If you have any questions or comments,please let me know Thanks much. Joe Sinacori.Project Manager Costa Mesa Sanitary District Mobile Phone:949.315.5075 COPY Jeffrey Kirkpatrick.OC Community Services, Redevelopment Manager Ali Fay ad.OC RDMD Flood Control Design. Senior Civil Engineer John Spencer,OC RDMD Flood Control Design,Project Engineer Rob Hamers.Costa Mesa Sanitary District.Manager/District Engineer