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HomeMy WebLinkAbout10 AG WTR MAINLINE 10-04-04 AGENDA REPORT Agenda Item 10 Reviewed: i: City Manager Finance Director MEETING DATE: OCTOBER 4, 2004 WilLIAM A. HUSTON, CITY MANAGER TO: FROM: PUBLIC WORKS DEPARTMENTNVATER SERVICE DIVISION SUBJECT: APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR WATER MAINLINE REPLACEMENT (CIP 6154) SUMMARY Staff is recommending the approval of a Consultant Services Agreement with Kabbara Engineering for engineering design services for water mainline replacements on Liane lane, Simon Ranch Road, Valhalla Drive and Highview Drive (CIP 6154). RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with Kabbara Engineering for engineering design services of water mainline replacements on Liane lane, Simon Ranch Road, Valhalla Drive and Highview Drive (CIP 6154) and authorize the Mayor and City Clerk to execute the Consultant Services Agreement on behalf of the City, subject to approval by the City Attorney. FISCAL IMPACT The City's Capital Improvement Program Budget for Fiscal Year 2004-2005 provides $280,000.00 for this project (CIP 6154). The total estimated cost of the proposed engineering design services is $51,380.00. BACKGROUND The proposed project consists of the replacement of existing 6" and 4" water mains in Liane lane, Simon Ranch Road, Valhalla Drive and Highview Drive with new 8" water mains. Due to the age and size of the water mains, the lines will be improved to provide an increase in fire flow protection and water system pumping efficiencies for this area. The replacements are located in unincorporated county area and the City of Tustin's Water Service Area Zone 3 near the existing Simon Ranch Reservoir (See attached location map, marked Exhibit "1"). Proposals to perform engineering design services for this project were requested from several firms. Based upon review of the proposals, familiarity with the project area, and past performance on similar projects, it is staff's recommendation that Kabarra Engineering be selected to provide engineering design services for this project. Approval of Consultant Services Agreement for Water Mainline Replacement (CIP 6154) October 4, 2004 Page 2 The following is the anticipated schedule for this project: Consultant Services Agreement Approval............................................. 10-04-04 Notice to Proceed ..................................................................................10-15-04 Completion of Engineering Services ......................................................03-31-05 C /-[)~ Tim D. Serlet Director of Public Works/City Engineer TDS: Approval of CSA - Kabbara.doc Attachment Project Location Map, Exhibit "1" Consultant Services Agreement EXHIBIT "1" CITY OF TUSTIN ØJ ocr sCAJ.£ PROJECT LOCATIONS CITY or TUSllN "" ""'. -.. . ..;.,....Þ, ¡PROJECT-NAME: LIANE, VALHALLA, AND HIGHVlEWWATER MAIN REPLACEMENT (CIP NO. 6154) CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this 4th day of October, 2004, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and Kabbara Engineering, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary engineering services for the water mainline replacement project (Liane Lane, Simon Ranch Road, Valhalla Drive and Highview Drive) CIP 6154 hereinafter referred to as "Project"; and WHEREAS, City has prepared a Request for Proposal dated October 27, 2003, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant has submitted to City a proposal dated August 31, 2004, a copy of which is attached hereto marked as Exhibit "B" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant is qualified to provide the necessary services for the Project and desires to provide said services; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinafter set forth, the parties agree as follows: AGREEMENT Section 1: Scope of Consultant's Services Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in Exhibit "A". Section 2: Order of Precedence In the event of a conflict between or among any of the documents comprising this Agreement, the following order of precedence shall govern the provision in question: 1. This Agreement 2. City's Request for Proposal (Exhibit "A") 3. Consultant's Proposal (Exhibit "B") 174821.1 Public Works CA 2/2004 Section 3: Time for Completion The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's proposal. Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Section 4: Compensation A. The compensation to be paid under this Agreement shall be as set forth in Exhibit "B", not to exceed a total cost of $51 ,380.00 B. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. C. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. D. Consultant shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof Section 5: Independent Contractor Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Section 6: Indemnification Consultant agrees to defend, indemnify, and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. Section 7: Insurance 174821.1 Public Works 2 CA 212004 A. Consultant shall maintain in full force and effect during the term of these Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $1,000,000 combined single limit coverage per occurrence. B. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. C. Consultant shall carry and pay for such workers' compensation insurance as is required fully protect Consultant and its employees under California Worker's Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as an additional insured on the commercial, general and automobile policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII or better (if an admitted carrier) or A-, X (if offered, by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B-VIII or better or from the State Compensation Fund. (3) The Insurance shall not be cancelled, except after thirty (30) days written prior notice to the City; and (4) The commercial general and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. E. Upon execution of this Agreement, Consultant shall provide to City certificates of insurance showing the names of the insurers and the amounts of coverage and insurer endorsements evidencing the required insurance provisions. Insurer endorsements (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1) (3) and (4) of Section 7D above and the waiver of subrogation requirement in Section C above. If self- 3 174821.1 Public Works CA 2/2004 insured for worker's compensation, Consultant shall submit to City a copy of its certification of self-insurance issued by the Department of Industrial Relations. Section 8: Termination of Aareement A. City and Consultant shall each have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving ten (10) business day written advance notice to the other party. B. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. C. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notices Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: To City: City of Tustin Attn.: Tim D. Serlet, Engineer 300 Centennial Way Tustin, CA 92780 Director of Public Works/City To Consultant: Kabbara Engineering 121 North Harwood Street Orange, CA 92866 Section 10: Miscellaneous Provisions A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. 174821.1 Public Works 4 CA 2/2004 C. This Agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. D. Consultant shall perform all services' required under this Agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. E. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application far such employment, because of race, religion, color, sex or national origin including but not limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of payor other forms of compensation, and selection for training, including apprenticeship. F. This Agreement shall be interpreted in accordance with California Law. The parties agree that the Orange County Superior Court is the exclusive venue for any lawsuits by either party regarding this Agreement 174821.1 Public Works 5 CA 2/2004 IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Mayor of the City of Tustin ATTEST: Maria Huizar, City Clerk APPROVED AS TO FORM: Lois E. Jeffrey, City Attorney B L 174821.1 Public Works 6 CA 2/2004 EXHIBIT "A" October 27,2003 «FirstName» «LastName» «JobTitle» «Company» «Address1 » «City» «PostaICode» Re: Request for Proposal: Zone 3 Water Main Replacement - Skyline Drive (CIP No. 6154) Dear Mr.lMs. «LastName» : This letter represents a Request for Proposal for Consulting Engineering Services for the preparation of design plans and specifications, shop drawing reviews, and construction support services for the Zone 3 Water Main Replacement - Skyline Drive. The City of Tustin endeavors to retain a qualified experienced Consultant to perform the work required. INTRODUCTION The City of Tustin (City) is requesting proposals from interested firms to provide consulting services for the City's Zone 3 Water Main Replacement - Skyline Drive. This RFP describes the proposal format, submittal requirements, preliminary scope of services and project schedule, the minimum information that must be included in the Proposal, and the selection process. Failure to submit the Proposal in accordance with the procedures outlined may be cause for disqualification. BACKGROUND This project is to replace 1,800 feet of undersized 6" water distribution main with a new 8" PVC or ductile iron pipeline along Skyline Drive between the intersection of Beverly Glen and Skyline Drive to the Zone 3 Interconnect at the intersection of Skyline Drive and Racquet Hill within an unincorporated area of the County (Attachment 1). RFP: Zone 3 Water Main Replacement - Skyline Drive (CIP No. 6154) October 27,2003 Page 2 of 8 PROPOSAL FORMAT The Proposal must be concise, well organized and demonstrate the Consultant's and the individual team members' qualifications and experience related to the proposed design. Discussion of relevant design experience should be included. The Proposal should be on one-sided 8%" by 11" paper, minimum arial12 font. Include any preprinted material, past experiences, resumes, graphics, forms, etc. required to complete the Proposal package, which is to be bound or stapled. The Proposal package, including all documentation, shall not exceed fifteen (15) pages. The Proposal shall include, as a minimum, the following information: 1. Executive Summary: A concise executive summary of the Proposal, identifying the entity/team being presented for consideration. The summary should include a brief history of the organization and background and relevant experience. The executive summary is limited to one page. Consultant Identification: Legal name of business, form of business (corporation, partnership, or other), location and address, telephone and fax numbers, e-mail address and contact person for response. Experience: Previous experience in the design of potable water distribution pipelines. Provide brief project descriptions, including contact information and dates of engagements. Key Staff: A list of key staff and their relevant qualifications that would be assigned to this project, including proposed sub-consultants and their role in this effort, if any. Include resumes of all key personnel listed. There are no D.B.E. requirements for the Project. Project Understanding: A statement demonstrating understanding of the Project requirements. 2. 3. 4. 5. 6. Approach and Scope of Work: Description of services to be provided and how the services will be accomplished. Project Design Schedule: A detailed graphical project time schedule for completing the Project from Notice to Proceed through the completion of the plans, specifications, and construction cost estimate. A Preliminary Project Schedule is addressed in a subsequent section of this RFP. 7. 8. Consultant Services Agreement Acknowledgement: Include a brief statement acknowledging that the City's Consultant Services Agreement (CSA) is acceptable without modifications. If any section(s) of the CSA are not acceptable, Consultant is to indicate the section(s) that are not acceptable, the reason that the section(s) are not acceptable, and proposed revisions. C:\Documents and SettingsIMGomez\Local Settings\Temporary Internet Files\OLK408\ZONE3 RFP2.doc RFP: Zone 3 Water Main Replacement - Skyline Drive (CIP No. 6154) October 27,2003 Page 3 of 8 9. Insurance and Business License Requirement Acknowledgement: Include a brief statement acknowledging that the City's insurance requirements are acceptable without modifications, and that the required business license(s) will be obtained. 10. Insurance Company Identification and Rating: Consultant is to utilize the (Insurance Company Identification and "Best Rating" Sheet) form (Attachment 4) as required to identify the insurance company or companies that will be utilized to provide general liability, automobile liability, professional liability, workers compensation and employer's liability, and any other insurance necessary for the Consultant's services relating to this project. Consultant is to indicate on the form that the Insurance Company is authorized by the Insurance Department of the State of California, and its current rating based on the latest edition of Best's Key Rating Guide. The Project Manager or a person authorized to sign on behalf of the Consultant, must sign and date the form. Please note that the City requires insurance companies to be rated a minimum Financial Strength Rating (FSR) of "A-", Financial Size Category (FSC) of X (ten) or better, with the exception that Workers Compensation Insurance must have a (FSR) rating of at least B-, and (FSC) of VII (seven). 11. Project Cost: It is to be included and shall indicate the proposed "not-to- exceed" cost for completing the tasks identified and presented by the Consultant in the Scope of Work. Fee is to include a man-hour estimate per task, hourly-billing rates of personnel to be utilized on the project, and other associated costs. The total "not-to-exceed" cost shall include the costs of all personnel, administration, overhead, meeting attendance, research, travel, postage, reproduction, and all other related costs necessary to complete the Project. Costs should be extended and summarized. PRELIMINARY SCOPE OF WORK The Consultant will work closely and in cooperation with the City during preparation of the design for the subject improvements. The selected Consultant is to provide, as a minimum, the following services: 1. Collect, utilize and coordinate all appropriate and available information for use in development of the design plan, including, but not limited to, the following: a) City of Tustin Water Division information b) County of Orange information c) Utility information c:IDocuments and SettingsIMGomezlLocal SettingslTemporary Internet FileslOLK4081Z0NE3 RFP2.doc RFP:Zone 3 Water Main Replacement - Skyline Drive (CIP No. 6154) October 27, 2003 Page 4 of 8 d) Site visit(s) 2. Identify a point of contact and establish a communication plan with the City to ensure timely and accurate development of the design plans and specifications. These should be submitted to the City at 50%, 90%, and 100% completion. 3. The Consultant is to develop the project plans and specifications for bidding and construction of the new improvements. a) Applicable CEQA clearance and / or NPDES Permit. b) County of Orange Encroachment and other applicable permits. c) Topography survey d) Coordination with City, County, Utilities, etc. e) Construction Cost Estimate f) Traffic Control Plans 4. For the Notice to Contractors, Proposal, Contract and Specifications, Consultant shall provide the following services: a) Section B - Proposal Sheet Information including bid items and approximate quantities. b) Section D, General Provisions - Review City's Standard Section D and make comments as to recommended project specific changes. c) Section E, Special Provisions - Attachment 6 lists the current City special provision sections for construction projects. These sections are only available in hardcopy format (see Attachment 5). Consultant shall identify those sections required for this project, will review and make comments on the hard copy provided, and the City will make the appropriate changes to the digital files. For sections not currently available, Consultant shall prepare the section utilizing the current City format and shall provide the digital file to the City's Project Manager. 5. The Consultant is to assist staff in bidding, submittal review, and construction support of project improvements, which will include; but not be limited to the following: a) Bidding Assistance b) Shop Drawing Submittal(s) Review c:IDocuments and SettingslMGomezlLocal SettingslTemporary Internet FilesIOLK408\ZONE3 RFP2.doc RFP: Zone 3 Water Main Replacement - Skyline Drive (CIP No. 6154) October 27, 2003 Page 5 of 8 c) Construction Staking d) As Constructed Drawings e) Construction Inspection 6. Prepare the Final Design Plan Set in reproducible format and provide 3 copies of the plan set and one electronic copy of the said design in CAD format and Adobe Final Design Plan Document files to the City. The Final Design Plan shall be in AutoCAD 2000 and Construction Specifications in Microsoft Word format per the City of Tustin Mapping, Plan Preparation & Documentation Requirements (Attachment 2) unless approved otherwise. 7. PRELIMINARY PROJECT SCHEDULE The following dates reflect the anticipated schedule for proposal solicitation and selecting the Consultant, awarding the contract, and completing the work requested in this RFP: Solicit Proposals For Consulting Services 10/27/03 Proposals Due 11/13/03 Negotiations/Issue Notice of Award 11/20/03 Consultant Signs and Approves Contract 12/05/03 City Signs Consultant Service Agreement 01/06/04 Completion of 50% Submittal of Plans and Specifications 01/28/04 Completion of 90% Submittal of Plans and Specifications 02/18/04 Completion of Final Design Plans and Specifications 02/25/04 It is the responsibility of the Consultant to take into account the deadlines and other schedule requirements listed above as well as other relevant activities necessary for the completion of the required tasks. CONSULTANT SELECTION Selection of a firm to provide services will be based on demonstrated competence, professional qualifications necessary for the satisfactory performance of the services required and familiarity and prior experience with providing similar services. Upon selection of the most highly qualified firm to provide the required services, the City will negotiate a fee for the work to be done. If a fee can be negotiated that is deemed fair and reasonable to the City, the contract will be awarded to the selected firm. If a fee cannot be negotiated that is deemed fair and reasonable, we will thank the firm for the proposal and will proceed to the next most c:IDocuments and SettingslMGomezlLocal SettingslTemporary Internet FileslOLK408\ZONE3 RFP2.doc RFP: Zone 3 Water Main Replacement - Skyline Drive (CIP No. 6154) October 27,2003 Page 6 of 8 highly qualified firm to provide the requested services (with whom the City will seek to reach a negotiated fee and so on). CITY RESPONSIBILITY The City of Tustin shall provide Consultant with the following: 1. Access to copies of all available existing data, information, reports, records and maps available in City files which may be relevant to this Project. A project manager. 2. 3. Access to City Water Division staff. 4. Project title sheet will be furnished to the Consultant by KHR in hard copy to address applicable information and finalized by KHR. Additional City of Tustin drawing sheet file(s) in AutoCAD 2000 format will be provided to the consultant through KHR. The Consultant is responsible for any reprographic expenses incurred from services provided by KHR. KHR Luis Cerda (949) 756-6440 CONSULTANT SERVICES AGREEMENT: The City of Tustin's standard "Consultant Services Agreement" form will be used. A copy is attached (Attachment 3) with this Request for Proposal for consultant's review. Firms submitting a proposal will also be required to provide the following: 1. Insurance Reauirements - The Consultant shall maintain in full force and effect during the course of this project, policies of comprehensive general liability, personal injury and liability worker's compensation and automobile insurance within limits of at least $1,000,000 combined single limit coverage, per occurrence, and professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or occurrence for which certificates of insurance and endorsements in form satisfactory to the City have heretofore been delivered to the City. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by the resulting agreement to cover claims made within five (5) years of completion of Consultant's services under the agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by c:IDocuments and SettingsIMGomezlLocal SettingslTemporary Internet FileslOLK408\ZONE3 RFP2.doc RFP: Zone 3 Water Main Replacement- Skyline Drive (CIP No. 6154) October 27,2003 Page 7 of 8 the resulting agreement five (5) years after completion of Consultant's services under this agreement. The Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached letter agreement (included as part of Attachment 3) on Consultant's letterhead. The City shall be named as additional insured and no policy may be modified or cancelled prior to thirty (30) days written notice. 2. Citv of Tustin Business License - As Consultant, it will be necessary to obtain a City business license at the expense of your firm prior to starting work. A City business license will also be required of any subcontractors your firm may use on this project. SUBMITTAL OF PROPOSALS If your firm is interested in submitting a letter proposal for this work, it must be received by 2 p.m. on November 13, 2003. Three (3) copies of the Consultant's Proposal shall be submitted in a sealed envelope to project manager: Peter H.K. Meng, P. E. Associate Civil Engineer City of Tustin Water Services Division 300 Centennial Way Tustin, California 92780 Proposals received after the date and time listed above will not be accepted or considered for this Report. SPECIAL CONDITIONS The City reserves the right to cancel or revise, in part or entirely, the Request for Proposals, including but not limited to, selection schedule, submittal date, and submittal requirements. If the City cancels or revises this RFP, all firms invited to participate in the process will be notified in writing. This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of the Proposal pursuant to this RFP, or to procure or contract for work. All proposals submitted in response to this RFP become the property of the City's public records and, as such, are subject to public view. The City reserves the right to request additional information or clarification during the evaluation process. c:IDocuments and SettingslMGomez\Local SettingslTemporary Internet FileslOLK408\ZONE3 RFP2.doc RFP: Zone 3 Water Main Replacement - Skyline Drive (CIP No. 6154) October 27, 2003 Page 8 of 8 QUESTIONS Questions regarding this Request for Proposals can be sent to Peter H.K. Meng, P.E., Associate Civil Engineer of the City's Water Services Division by fax at (714) 734-8991 or via E-mail to pmenq@tustinca.orq. All return correspondences with proposers, questions and answers, will be communicated to all other proposers. END Should you require any additional information or have any questions, please do not hesitate to contact me at 714.573.3380. Very truly yours, Peter H.K. Meng, P.E. Associate Engineer Attachments: Project Location Map Mapping, Plan Preparation, & Documentation Requirements Consultant Services Agreement Insurance Company Identification and Rating Sheet Sample Special Provision Section (Construction Specifications Sections E-I to E-VII) Special Provision Section Listing c:IDocuments and SettingslMGomezlLocal SettingslTemporary Internet FileslOLK408\ZONE3 RFP2.doc EXHIBIT "B" B B A. R ~ ENGINEERINI' CIVIL ENOl NEEK Eè' .A.N¡DVÂ.UÂ'.V E YORS '\ t:, t=U City of Tustin Public Works Department 300 Centennial Way CiTY OF TUSTiN Tustin, CA 92780-3715 W,t\TER SERViCE Attention: Mr. Tim Serlet, P.E., Director of Public Works/City Engineer SEP - 3 2004 August31,2004 Subject: Revised Proposal for Professional Engineering Services for the Zone 3 Water Replacement Project in Liane Lone, Simon Ranch Rood, Valhalla Drive and Highview Drive. Kabbara Engineering is pleased to present this revised proposal for Professional Engineering Services for the subject project in the City of Tustin. Attached per your request is our revised work plan and man-hour chart excluding construction stoking, environmental documentation for CEQA, and NPDES coordination, for the Zone 3 Water Replocement Proiect in Liane Lone, Simon Ranch Rood, Valhalla Drive and Highview Drive, in the Tustin Hills (unincorporated Orange County). Our total fee proposal for the revised scope of work is as follows: Description Total Fee ZONE 3 WATER REPLACEMENT PROJECT (for Liane lane, Simon Ranch Rood, Valhalla Drive and Highview Drive) Kabbaro Engineering - Field Survey & Design $40,780.00 Kobboro Engineering - OCEMA Permit (Hourly Estimote) $4,000.00 Kabboro Engineering - Bid Assistonce & Construction Coordination (Hourly $3,400.00 Estìmote) Kobbaro Engineering - As-builts $3,200.00 TOTAL FIXED FEE PROPOSAL $ 51,380.00 Thank you for this opportunity to be of service. We look forward to working with you and your staff on this proiect. If you have any questions please contoct me at (714) 744-9400, extension 22. 121 NORTH HARWOOD STREET, ORANGE CALIFORNIA 92866-1626 (714) 744-9400 FAX (714) 744-9771 www.kabbara.net Page 1 of 4 1. PROJECT UNDERSTANDING PROJECT DESCRIPTION: This project consists of the replacement of the existing Zone 3, 6" and 4" ACP water distribution mains in Liane Lane, Simon Ranch Road, Valhalla Drive, and Highview Drive, with a new 8" PVC or ductile iron pipeline. The project site is located in the City of Tustin's Zone 3 service area, and near the existing Simon Reservoir which is located on the northeast corner of Valhalla Drive and Outlook Lane. The project limits are described as follows: .~ PROJECT DESCRIPTION PROPOSED ApPROX. LOCATION WATER MAIN LENGTH LIMITS FROM LIMITS To SIZE Liane Lane 8" 1,200 I.f. Simon Ranch Rd Cul-de-Sac Simon Ranch 8" 50 I.f. Liane Lane Valhalla Drive Road Valhalla Drive 8" 900 1.1. Simon Ranch Rd Highview Drive Highview 8" 600 I.f. Valhalla Drive Cul-de-Sac Drive RIGHT -OF-WAY: Our review of existing plans at the City indicate that the project street rights-of-way belong to the County of Orange. Therefore, a public property permit will be required for work within the right-of-way. EXISTING CONDITIONS: The project streets consist of existing two-lane local streets that serve large lot single family residential neighborhoods. The streets are fully improved with asphalt pavement and curb and gutter on both sides of the streets. There is no sidewalk on either side of the streets, but there is landscaping, driveways and several power poles visible within the parkway. The streets in this area are moderately steep, sloping from the high points in the Cul-de-Sacs of High View Drive and Liane Lane, to the intersection of Simon Ranch Road. PROPOSED IMPROVEMENTS: The proposed improvements include abandonment of the existing 6" ACP and 4" ACP mains, and construction of a new 8" water main with new fire hydrants, valves and water meter connections. Temporary water service will be maintained during construction. The proposed improvements will connect to existing 8" ACP main in Simon Ranch Road at the intersection of Liane Lane, and the existing 6" ACP in Pavillion Drive at the intersection of Valhalla Drive. GEOTECHNICAL: A geotechnical investigation was not required by the City for this project and we anticipate that the County of Orange will dictate the trench resurfacing section for this project. The existing pavement on the project streets appears to be in CITYOF'TUSTIN KABBARA ENGINEERING ZONE 3 WATER MAIN REPLACEMENT REVISED AUGUST 31,2004 Page 2 of 4 moderately good condition. Based on our recent conversations with Orange County Public Property Permits Division, we do not anticipate that the County will require that the entire streets be resurfaced and paved. Preparation of a Paving Plan is an optional item available upon request if required by the County, but not included in our scope. UTILITY COORDINATION: Special attention must be paid to the existing depth of the utilities and the amount of cover shown on existing plans. This will impact the depth of the proposed water main and laterals at critical crossings. The design of water facilities necessitates that utilities be accurately identified both horizontally and vertically. Our field review of the project area indicates that there are existing OCSD sewer facilities near centerline, with the existing 6" ACP and 4" ACP water mains typically located on the east and north sides of the project streets. It is essential to conduct a thorough utility research, supplemented with manhole dipping and follow-up with the various utility agencies (including potholing when necessary) throughout the design phase of the project. Maintaining good records, familiarity with utility company personnel, and persistent follow-up procedures are essential to identifying potential problems before construction begins. TRAFFIC CONTROL: Due to limited street width, local street closure may be required. Local access will be maintained at all times. There is no bike lane on any of the project streets, and no on street parking will be allowed during construction. Maintaining access to residents will require temporary backfilling, plating and paving in areas where construction is proposed. 2. ApPROACH AND SCOPE OF WORK In order to meet the City Schedule we have developed the following work plan outlining the required steps to complete project. A. 2. Project Analysis & Review & Meetings 1. In a Kick-off conference with the City, the scope of work, design criteria, objectives for the project and the project schedule will be reviewed and approved. Compile and review all available documents provided by the City of Tustin, obtain and review all necessary documents from the County of Orange, and OCSD. Review with City staff to obtain additional specific input related to City goals, review existing plans, maps and records and discuss preliminary issues. Organize. and attend 2 progress meetings with City staff for design review and coordination purposes. Includes preparation of meeting minutes and monthly status reports as required to communicate the status of the project. 3. 4. B. Utility Investigation & Coordination 1. Notify all affected public utility companies, sewer and water districts, and identify underground facilities and substructures using City of Tustin utility CITY CJFTUSTIN KASSARA ENGINEERING ZONE 3 WATER MAIN REPLACEMENT REVISECJ AUGUST 31, 2CJCJ4 c. D. Page 3 of 4 2. coordination procedures. Coordinate with all existing affected utility companies and request utility companies identify the location and depth of their facilities and to provide the information to Kabbara Engineering for design purposes. Prepare a Utility Notification Log to track utility company contacts and responses. Utility Notification Log and copies of all correspondence will be provided to the City with Final Plan submittal. 3. Design Survey 1. Perform field survey including field review to provide cross sections at 50 foot intervals for Liane Lane, Simon Ranch Road, Valhalla Drive and Highview Drive, within the project limits. Locate and identify topographic features as required for design purposes, and horizontal and vertical control used (Orange County Benchmark). Provide digital copy of survey notes along with one hard copy to the City of Tustin. 2. Preliminary & Final Design 1. Prepare base plans using computer aided drafting and the field topographic survey data (AutoCAD 2000). Plot existing utilities, right-of- ways, property lines, and site specific topographic features required for design at (H) 1 '=20'scale plan and profile on City of Tustin Standard Title Block Sheets. Prepare one set of preliminary water improvement plans and profiles at (H) 1"=20' scale, including title and detail sheets for: Liane Lane, from Simon Ranch Road to the southerly Cul-de-sac (approximately 1,200 I.f.) Estimate 2.5 sheets; Simon Ranch Road, from Liane Lane to Valhalla Drive (approximately 50 I.f.) Estimate 0.5 sheets; Valhalla Drive, from Simon Ranch Road to Highview Drive (approximately 900 I.f.) Estimate 2 sheets; and Highview Drive, from Valhalla Drive to the easterly Cul-de-sac (approximately 600 Lf.) Estimate 2 sheets. Includes construction notes and details. Prepare preliminary traffic control and construction phasing plans at (H) 1 "=40' (H) scale, plan view only. Identify anticipated utility conflicts to determine if potholing is required. Notify the City Project Manager. Prepare preliminary specifications in City of Tustin format, including redlines of hard copies of the City's General & Special Provisions (Sections D & E), digital copies of any required new special provisions and Proposal Sheet (Section B) with bid items and quantities. Prepare Preliminary Opinion of Probable Cost using Microsoft Excel. Submit 50% improvement plans, specifications & cost estimate to City for review and comments. Revise preliminary improvement plans and plot final improvement plans, including Title sheets, detail sheets, plan and profile sheets, traffic control plans. Prepare Final Specifications for the project. 2. 3. 4. 5. 6. 7. 8. 9. KABBARA ENGINEERING CITYDFTUSTIN REVISED AUGUST 31.2004 ZONE 3 WATER MAIN REPLACEMENT E. 3. 10. 11. 12. 13. 14. Page 4 of 4 Prepare Final Opinions of Probable Construction Cost. Submit 90% Improvement plans, Specifications and Cost Estimate to City for review and comment. Revise and plot Final Improvement Plans, Specifications and Estimate. Send copies of final plans to utility companies requesting them to coordinate any adjustments and/or relocations with the City of Tustin. Submit Final 100% Improvement Plans, Specifications and Cost Estimates to City, on 24"x36" Mylar and in digital format on compact disk using AutoCAD 2000 (or AutoCAD 14 if required), for final approval. Specifications and estimates shall be submitted in hard copy and on compact disk using Microsoft Word 2000 and MS Excel 2000. Submit one set of quantity calculations for the City's files. Permit Processing, Bidding Assistance & Construction Coordination 1. Prepare and process a County of Orange Public Property Permit application for the proposed water line construction within County right-of- way. Assumes permit fees (if required) will be paid by the City of Tustin and that no paving plan will be required by the County of Orange. Perform Bidding Assistance and construction coordination as requested by the City of Tustin, including written clarifications, (if required). Does not include printing of Bid Sets or advertising. 2. F. As-Built Drawings 1. Prepare As-Built Drawings on 24"x36" Mylar and in digital format on compact disk using AutoCAD 2000 (or AutoCAD 14 if required), for final approval, based on the Contractor's red lines, as submitted to the City upon completion of the project. PROJECT DESIGN SCHEDULE See Attached Schedule KABBARA ENGINEERING CITyoFTUSTIN REVISED AUGUST 31, 2004 ZONE 3 WATER MAIN REPLACEMENT PROJECT MANAGER: TIM SERLET. P.E. CITY OF TUSTIN ZONE 3 WATER MAIN REPLACEMENT PROJECT LIANE LANE. SIMON RANCH ROAD. VALHALLA DRIVE ANO HIGHVIEW DRIVE CONSULTANT: KABBARA ENGINEERING ID 1 '2 '3 '4 '5 ¡¡ 7 ¡¡ '9 Task Name NOTICE TO PROCEED UTILITY NOTIFICATION FIELD TOPO SURVEY & 50' CROSS SECTIONS BASE MAPS PRELIMINARY ENGINEERING 50% SUBMITTAL(BASE MAP & MAIN LINE ALIGNMENT) 50% CITY REVIEW PLANS, SPECIFICATIONS & ESTIMATES 90% PS&E SUBMITTAL 90% CITY REVIEW PLAN CHECK CORRECTIONS SUBMIT FINAL PS&E COUNTY OF ORANGE PUBLIC PROPERTY PERMIT 10 11 12 13 NAME/ACCOUNT IBUDGET ZONE 3 WATER REPLACEMENTI CIP NO. 1$ TUSTIN2.Z0NE3WATER Task Critical Task Progress Milestone Summary Mon 10118/04 Mon 1118104 Mon 11/29/04 Mon 12120104 Mon 12120/04 Tue 1/4105 Tue 1/25/05 Wed 1125105 Wed 212105 Wed 2116/05 Tue 1/25/05 . ... ... Finish Fri 10/15104 Fri 12117/04 Fri 11/5/04 Fri 11/19/04 Fri 12117104 Mon 12/20/04 Mon 113/05 Mon 1/24/05 Tue 1/25/05 Tue 211105 Tue 2115/05 S Wed 2116/05 Mon 3/28105 Rolled Up Task Rolled Up Critical Task Rolled Up Milestone Rolled Up Progress Split Page 1 2004 N M A D External Tasks - Project Summary ... ... 0 Group By Summary ... ..... """""",..,., Tue 9/21/04 KABBARA ENGINEERING -MAN-HOUR ESTIMATE CITY OF TUSTIN - ZONE 3 WATER REPLACEMENT PROJECT - LIANE LANE, SIMON RANCH ROAD, VALHALLA DRIVE & IDGHVIEW DRIVE TASK QUALITY PRINCIPAL LAND 2-MAN PROJECT CIVIL CLERICAL TOTAL ENGINEER ENGINEER SURVEYOR SURVEY ENGINEER DESIGNER COST $95 $105 $95 $200 $100 $80 $45 A. PROJECT ANALYSIS & MEETINGS 1 RESEARCH, COMPILE & REVIEW EX. 2 8 $840 DOCUMENTS 2. MEETINGS WITH CITY STAFF, 4 4 4 $1,000 INCLUDING MINUTES & STATUS REPORTS (ASSUMES MAX.2 MEETINGS) B DESIGN SURVEY 1. FiELD SURVEY AS REQUiRED FOR 2 30 $6,190 DESIGN PURPOSES 2. JOB WALK & FIELD REVIEW 4 $400 TOPOGRAPHIC FEATURES C. UTILITY INVESTIGATION & COORDINATION 1, UTILITY NOTIFICATIONS & UTILITY 16 16 $2,320 COORDINATION 2. PREPARE UTILITY NOTIFICATION 1 8 $460 LOG D. PRELIMINARY & FINAL CONSTRUCTION DOCUMENTS 1 BASE MAPS (EST 7 SHn 8 40 $4,000 2. PREPARE WATER IMPROVEMENT 30 50 $7,000 PLANS & PROFILES, INCLUDING TITLE & DETAIL SHEETS (EST. 9 SHn 3. PREPARE TRAFFIC CONTROL PLAN 16 40 $4,800 FOR WATER IMPROVEMENTS 4. PREPARE TRAFFIC SIGNING& 0 0 $0 STRIPING REPLACEMENT PLANSINOT INCLUDED\ ZONEJR.MH 10F2 REVISED August3!, 2004 TASK QUALITY PRINCIPAL LAND 2-MAN PROJECT CIVIL CLERICAL TOTAL ENGINEER ENGINEER SURVEYOR SURVEY ENGINEER DESIGNER COST $95 $105 $ 95 $200 $100 $80 $45 5. PREPARE PRELIMINARY PROJECT 20 8 $2,360 SPECIFICATIONS 6. PREPARE PRELIMINARY ESTIMATE 4 2 1 $605 7. PREPARE FINAL IMPROVEMENT 2 24 32 $5,150 PLANS 8. PREPARE FINAL SPECIFICATIONS 1 8 8 $1,255 9. PREPARE FINAL ESTIMATES 1 2 2 1 $500 10. FiNALIZE IMPROVEMENT PLANS, 4 16 16 $2,400 SPECIFICATIONS AND ESTIMATES IN DIGITAL AND MYLAR FORMATS. E. PERMIT PROCESSING, BID ASSISTANCE & CONSTRUCTION COORDINATION 1 PREPARE PERMIT APPLICATIONS & 40 $4,000 PROCESS PERMIT THRU OCEMA. (HOURLY ESTIMATE! 2. PERFORM BID ASSISTANCE AS 10 $1,000 REQUIRED BY THE CITY (HOURLY ESTIMATE) 3. PERFORM CONSTRUCTION 24 $2.400 COORDINATION (HOURLY ESTIMATE) G. REIMBURSABLE EXPENSES 1. REIMBURSABLE REPROGRAPHIC $1,500 EXPENSE ALLOWANCE H. AS-BUILT DRAWINGS . 1. PREPARE AS-BUILT DRAWINGS ON MYLAR AND IN DIGITAL FORMAT BASED ON REDLINES PROVIDED BY 8 30 $3,200 THE CONTRACTOR UPON COMPLETION OF CONSTRUCTION. GRAND TOTAL , $51,380 ZONEJR.MH 20F2 REVISED August 31, 2004 SEP-09-2004 09: 22 KRBBRRR ENGINEERING P.02 CIVIL ENGINEERS' LAND SURVEYORS September 8, 2004 City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: Mike Gomez, Water Services Division Subject: Zone 3 Water Main Replacement (CIP No. 6154) Dear Mr. Gomez: Kabbara Engineering has executed the Consultant Services Agreement for the above referenced project. In lieu of providing occurrence based professional liability insurance coverage as required by the Agreement, Kabbara Engineering warrants and represents that it shall maintain insurance coverage with the insurance company listed on the attachment, or with an equivalent carrier in the amounts indicated for at least five (5) years after the completion of the consulting services undertheAgreement. Kabbara Engineering will provide the City with certificates of Insurance coverage within the period established above in order to evidence compliance with this Agreement. Sincerely, KABBARA ENGINEERING ACCEPTANCE AND AGREED TO: Tim D. Serlet Director of Public Works/City Engineer APPROVED AS TO FORM: Lois E. Jeffrey City Attorney . 121 North Harwood Street, Ornng., CA 92866-1626 (714) 744.9400 Fax (714) 744-9771 www.kabbara.net . Certificate of Insurance of #M81263 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 THE POLICIES LISTED BELOW. A United States ~f~l'fì~ek Að~~~¡;O~~S: B. St. Paul Fire & Marine Insurance Co. c.Everest National Insurance CO. D. E. F Agency Name and Address: Professional Practice Insurance Brokers, Inc. 2244 West Coast Highway, Suite 2o0R E Newport Beach, CA 92663 C E Insureds Name and Addre¡¡~:, Kabbara Engineering f\uG 1 0 2004 121 N. Harwood Street Orange, CA 92866 CITY OF TUSTIN WATER SERVICE COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LlSTEO BELOW HAVE BEEN ISSUEO TO THE INSUREO NAMEO ABOVE FOR THE POLICY PERIOO INOICATEO. NOTWITHSTANOING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN. THE INSURANCE AFFOROED BY THE POLICIES OESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, ANO CONOITIONS OF SUCH POLICIES TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE A GENERAL LIABILITY BKO1771341 06/01/04 06/01105 [j¡ Commercial General Liability D Claims Made IRJ Occurrence D OWner's and Contractors Protective D A AUTO LIABILITY BKO1771341 06/01104 06/01/05 D Any Automobile D All Owned Autos D Scheduled Autos [j¡ Hired Autos [j¡ Non-owned Autos D Garage Liabiiity D EXCESS LIABILITY D Umbrella Form D Other than Umbrella Form B WORKERS' BWO1812311 06/01104 06/01/05 COMPENSATION AND EMPLOYER'S LIABILITY C PROFESSIONAL 48AEO03299041 08/03104 08/03/05 LIABILITY' POLICY LIMITS General Aggregete: $4,000.000 Produots-ComiOps Aggregate: $4,000.000 Personal and Adv. Injury: $2,000,000 Each Occurrence: $2,000,000 Fire Dmg. (anyone fire): $300.000 Combined Single Limit: $1,000,000 Bodily Injury/person: $0 Bodily Injury/accident $0 Property Damage: $0 Each Occurrence: Aggregate: Statutory Limits Each Accident $1,000,000 Oisease/Policy Limit: $1.000,000 Disease/Employee: $1.000,000 Per Claim $2.000.000 Agaregate $2,000,000 $0 Description of Operations/LocationsNehicles/Restrictions/Special items: RE: ZONE Iii WATER REPLACEMENT PROJECT, SKYLINE DRIVE, CIP NO. 6154. GENERAL LIABILITY: THE CITY OF TUSTIN, ITS OFFICIALS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED PER ENDT. ATTACHED. WORKERS COMP WAIVER OF SUBROGATION APPLIES PER ENDT. ATTACHED. re ate limits of liabilit not iess than amount shown. Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTEO WITHIN THE POLiCY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULO ANY OF THE ABOVE OESCRIBEO POLICIES BE CANCELEO BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMEO TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION FOR NON.PAYMENT OF PREMIUM IN WHICH CASE" DAYS NOTICE WILL BE GIVEN. 'Written at a City of Tustin Attn: Peter Meng,P.E.Associate Engineer Public Works/Engineering 300 Centennial Way Tustin, CA 92780 A"tho".' R.p,...""", 08104/04 Policy Number: BKO1771341 Liability Coverage Enhancement- Architects And Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POliCY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: liABiliTY COVERAGE PART. 1. The following Is added to paragraph 2 of SECTION II - WHO IS AN INSURED: 2. The following is added prior to the final paragraph of SECTION 11- WHO IS AN INSURED: i. If you are required to add another person or organization as an insured under this policy by a written contract or agreement which is in effect during the policy period, that person or organization Is an Insured. Such person or organization is referred to in this Coverage P art as an Additional Insured. You are an insured for your participation in any past or present "unnamed joint venture". However, you are not an insured if the "unnamed joint venture has: a. Direct employees; or However, such person or organization is not an insured with respect to any: b. Owns, rents, or leases any real or personal property. (1) "Property damage "to: (a) Property owned, occupied or used by the Additional Insured; (b) Property rented, leased or loaned to, in the care, custody or controi of, or over which physical control Is being exercised for any purpose by the Additional Insured; or (c) "Your work" performed for the Additional Insured; No other member or partner, or their spouses, of any past or present "unnamed joint venture" is an insured. This insurance is excess over any "other insurance" available to you for your participation in any past or present "unnamed joint venture". 3. The finai paragraph of SECTION II - WHO IS AN INSURED is replaced by the following: (2) "Bodily injury", "property damage", "personal injury', "advertising injury" which is not caused in whole or in part by the negligent acts or omissions of any Named Insured, or the negligent acts or omissions of anyone directly or Indirectly empioyed by a Named Insured or for whose acts a Named Insured may be liable; No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture (except "unnamed join venture") or limited liability company this is not shown as a Named insured in the Declarations. 4. Paragraph 2 of SECTION III - LIMITS OF LIABILITY is repiaced by the following: (3) "Bodiiy injury", "property damage", "personai injury", or "advertising injury for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in absence of the contract or agreement; or (2). The General Aggregate Limit Is that most we will pay at each of "your premises" listed in the Schedule of Premises and is the most we will pay at each of "your projects" for the sum of: a. Damages under Section i. A. except damages because of "bodily injury" and "property damage" included in the "products completed operations hazard" and damage to premises rented to you or temporarily occupied by you with permission of the owner; and Medical payments under SECTION 1. B. (4) "Bodily injury", "property damage", "personal injury" or "advertising injury arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any professional services, when such person or organization is an architect, engineer, or surveyor. b. CLlBF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Offices, Inc., 2001 Page 1 of 2 5. The following is added to CONDITIONS, 5. Other Insurance, SECTION IV- 7. The following are added to SECTION V - DEFtNITIONS: a. Primary Insurance; In addition, this insurance will be considered primary to, and non-contributory with, "other insurance" issued directiy to a person or organization added as an additional insured under SECTION II. 2. I., if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such "other insurance". This insurance will then be applied as primary insurance for damages for "bodily Injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by sllch person or organization, and we will not share those damages with such "other insurance". "Unnamed joint venture" means any joint venture in which you are a member or partner where: a. Each and every one of your co-ventures In that joint venture is an architectural, engineering or surveying firm; and That joint venture is not named in the Liability Coverage Part Declarations. b. "Your premises" means any premises, site or location that you own or rent or lease from others. "Your project" Means any p remises, site 0 r location at, 0 n, 0 r i n which "your work" is not yet completed; 6. The following is added to SECTION IV- CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us. and a. Means any premises, site or location at, on, or in which "your work" is not yet completed; We waive any right of recovery we may have against any person or organization added under SECTION II. 2.1., for payments we make because of Injury or damage arising out of "your work" under the written contract or agreement with such person or organization, provided that the injury or damage occurs subsequent to the execution of that written contract or agreement. and b. Does not Include "your premises" or any location listed in the Scheduie of Premises. All other terms of your policy remain the same. ADDITIONAL INSURED: CITY OF TUSTIN, ITS OFFICIALS AND EMPLOYEES CLlBF 26 09 08 03 Includes copyrighted material of insurance Services Office with its permission. Copyright, Insurance Services Offices, Inc., 2001 Page20f2 WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The following "attaching clause" need be completed only when this endocsement is issued subsequent to pæpacation of the policy.) This endorsement, effective on 06/01104 at 12:01 A.M. standard time, forms a part of Policy No. BWO1812311 of the ST. PAUL FIRE & MARINE INSURANCE CaMP A1'\TY (Name of lnsu;ance Company) NCCI CarTier Code 13692 issued to: KABBARA ENGINEERING Policy Expiration Date: 06101105 ~~ CoraLim Premium (if any) $ Authorized Signature We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compen- sation premium otherwise due on such remuneration. SCHEDULE PERSON or ORGANIZATION JOB DESCRIPTION: ALL OPERATIONS CITY OF TUSTIN, ITS OFFICIALS AND EMPLOYEES SEP-09-2004 09:22 KRBBRRR ENGINEERING P.03 January 16, 2004 PPIB Mr. Peter Meng City of Tustin Public Works Engineering 300 Centennial Way Tustin, CA 92780 R Hi/b, Ro~al and Hamilton Company RE: Kabbara EriginOOring PROJECT: ZONE m WATER REPLACEMENT SKYLINE DRIVE CIP NO. 6154 Dear Sir: Professional Practice Insurance Brokers (PPffi), insurance broker for Kabbara Engineering agrees to provide the CITY OF TUSTIN with thirty (30) day prior written notice in the event coverage afforded by the general liability and workers compensation policies written through ppm, is cancelled, changed or modified even for non-payment of preIIlÍUIll. Should you have any concerns, please contact our office anytime. ara chziger Account Manager Professional Practice Insurance Brokers, Inc- A HUb. Rogal & Hamilton Company Enclosure(s) PROFBSSJONAL !"'AcnCE INSURANCB BROKERS, ",c. 2244 wl"T COAS1' ~ G"WAY, SUITE 200, "F.WPORT ß&\CH, CA 91663 'l'EL:949.719,O777 FA"'949.729.077° LJc:0641j61 UTTr://PPtB."¡ULCOM