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HomeMy WebLinkAboutJohn Powell & Associates Inc; 1997-04-09;4. 0 e P’ .. AGREEMENT THIS AGREEMENT is made and entered into as of the ?=day of % 1941, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a munici corporation, hereinafter referred to as “District” and John Powell & Associates. lr , hereinafler referred to as “Contractor.” RECITALS District requires the services of an Ensineerins Contractor to provide the necessary services for preparation of water, sewer and reclaimed water system imm-ovemen and Contractor possesses the necessary skills and qualifications to provide the servic required by District; plan checkina NOW, THEREFORE, in consideration of these recitals and the mutual covena contained herein, District and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS To perform “Scope of Services” described in Exhibit “A”. 1 Rev. 08/26 0 0 2. DISTRICT OBLIGATIONS The District shall provide information contained in “Client Furnish Services described in Exhibit “A”. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (IO) days after receipt notification to proceed by the District and be completed within d2 of that date. Extensions of time may be granted if requested by the Contractor a agreed to in writing by the District Enaineer will give allowance for documented and substantiated unforeseeable and unavoidat delays not caused by a lack of foresight on the part of the Contractor, or delays causl by District inaction or other agencies’ lack of timely action. 4. NIA . The District Enaineer FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $ Time ar materials in conformance with Standard Rate SchedulelNot to exceed $10.000. I\ other compensation for services will be allowed except those items covered I supplemental agreements per Paragraph 8, “Changes in Work.” The District reservc the right to withhold a ten percent (10%) retention until the project has been accept( by the District. Incremental payments, if applicable, should be made as outlined in attache Exhibit “A.” 2 Rev. 08/26/! 0 e 5. DURATION OF CONTRACT This agreement shall extend for a period of N/A from dl thereof. The contract may be extended by the Executive Manager for NIA additio one (1) year periods or parts thereof, based upon a review of satisfactory performar and the District’s needs. The parties shall prepare extensions in writing indicati effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contrac within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within N/A days of completion and approval of the N/A the Contractor shall deliver to the District the following items: 8. CHANGES IN WORK If in the course of the contract, changes seen merited by the Contractor or t District, and informal consultations with the other party indicate that a change in t conditions of the contract is warranted, the Contractor or the District may request change in contract. Such changes shall be processed by the District in the followii manner: A letter outlining the required changes shall be forwarded to the District I Contractor to inform them of the proposed changes along with a statement of estimatc 3 Rev. 08/26/ 0 0 I changes in charges or time schedule. A Standard Amendment to Agreement shall prepared by the District and approved by the District according to the procedui described in Carlsbad Municipal Code Section 3.28.1 72. Such Amendment Agreement shall not render ineffective or invalidate unaffected portions of 1 agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained i company or person, other than a bona fide employee working for the Contractor, solicit or secure this agreement, and that Contractor has not paid or agreed to pay a company or person, other than a bona fide employee, any fee, commissic percentage, brokerage fee, gift, or any other consideration contingent upon, or resulti from, the award of making of this agreement. For breach or violation of this warran the District shall have the right to annul this agreement without liability, or, in discretion, to deduct from the agreement price or consideration, or otherwise recov the full amount of such fee, commission, percentage, brokerage fees, gift, or contingf fee. IO. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regardi nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the wc as provided for in this contract, the Executive Manager may terminate this contract i nonperformance by notifying the Contractor by certified mail of the termination of t 4 Rev. 081261 e 0 . Contractor. The Contractor, thereupon, has five (5) working days to deliver si documents owned by the District and all work in progress to the District Enainel The District Enaineer shall make a determination of fact based upon t documents delivered to District of the percentage of work which the Contractor h performed which is usable and of worth to the District in having the contract completc Based upon that finding as reported to the Executive Manager, the Manager sh determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (t days written notice to the other party. In the event of such suspension or terminatic upon request of the District, the Contractor shall assemble the work product and F same in order for filing and closing and deliver said product to District. In the event termination, the Contractor shall be paid for work performed to the termination da however, the total shall not exceed the lump sum fee payable under paragraph 4. T Executive Manager shall make the final determination as to the portions of tas completed and the compensation to be made. 12. DISPUTES If a dispute should arise regarding the performance of work under tl agreement, the following procedure shall be used to resolve any question of fact interpretation not otherwise settled by agreement between parties. Such questions, they become identified as a part of a dispute among persons operating under tl provisions of this contract, shall be reduced to writing by the principal of the Contrad or the District Enaineer . A copy of such documented dispu shall be forwarded to both parties involved along with recommended methods 5 Rev. 081261 0 0 resolution which would be of benefit to both parties. The District or principal receiving the letter shall reply to the letter along with a recommend method resolution within ten (1 0) days. If the resolution thus obtained is unsatisfactc to the aggrieved party, a letter outlining the dispute shall be forwarded to the Board Directors for their resolution through the Office of the Executive Manager. The Board Directors may then opt to consider the directed solution to the problem. In such casc the action of the Board of Directors shall be binding upon the parties involved, althou nothing in this procedure shall prohibit the parties seeking remedies available to thc at law. 13. CLAIMS AND LAWSUITS Enqineer The Contractor agrees that any contract claim submitted to the Disti must be asserted as part of the contract process as set forth in this agreement and I in anticipation of litigation or in conjunction with litigation. The Contractor acknowledc that if a false claim is submitted to the District, it may be considered fraud and i Contractor may be subject to criminal prosecution. The Contractor acknowledges tl California Government Codes sections 12650 et sea., the False Claims Act, provic for civil penalties where a person knowingly submits a false claim to a public ent These provisions include false claims made with deliberate ignorance of the fa information or in reckless disregard of the truth or falsity of information. If the Carlsb Municipal Water District seeks to recover penalties pursuant to the False Claims Aci is entitled to recover its litigation costs, including attorney’s fees. The Contrac acknowledges that the filing of a false claim may subject the Contractor to administrative debarment proceeding wherein the Contractor may be prevented to ( 6 Rev. 08/26, 0 0 as a Contractor on any public work or improvement for a period of up to five years. TI Contractor acknowledges debarment by another jurisdiction is grounds for the Board Directors to disqualify the Contractor from the selection process. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.02 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s ov way as an independent Contractor and in pursuit of Contractor’s independent callin and not as an employee of the District. Contractor shall be under control of the Distr only as to the result to be accomplished, but shall consult with the District as provid( for in request for proposal. The persons used by the Contractor to provide servici under this agreement shall not be considered employees of the District for ai purposes whatsoever. The Contractor is an independent Contractor of the District. The payment mac to the Contractor pursuant to the contract shall be the full and complete compensatic to which the Contractor is entitled. The District shall not make any federal or state t: withholding on behalf of the Contractor or hidher employees or subcontractors. Tt District shall not be required to pay any workers’ compensation insurance 1 unemployment contributions on behalf of the Contractor or hidher employees subcontractors. The Contractor agrees to indemnify the District and the City 7 Rev. 08/26/! 0 0 Carlsbad within 30 days for any tax, retirement contribution, social security, overti payment, unemployment payment or workers’ compensation payment with the Disl and the City of Carlsbad may be required to make on behanf of the Contractor or i employee or subcontractor of the Contractor for work done under this agreemenl such indemnification amount may be deducted by the District and the City of Carlsk from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Refc and Control Act of 1986 and shall comply with those requirements, including, but I limited to, verifying the eligibility for employment of all agents, employe subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to applicable requirements of law: federal, state and local. Contractor shall provide necessary supporting documents, to be filed with any agencies whose approval necessary. The District will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as here required are the property of the District, whether the work for which they are made I executed or not. In the event this contract is terminated, all documents, plar specifications, drawings, reports, and studies shall be delivered forthwith to the Distri. Contractor shall have the right to make one (I) copy of the plans for hidher records. 8 Rev. 08/26/! 0 0 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the wc pursuant to this contract shall be vested in District and hereby agrees to relinquish claims to such copyrights in favor of District. 18. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the District and the City Carlsbad and its officers, officials, employees and volunteers from any and against claims, damages, losses and expenses including attorney fees arising out of t performance of the work described herein caused in whole or in part by any will misconduct or negligent act or omission of the Contractor, any subcontractor, anyo1 directly or indirectly employed by any of them or anyone for whose acts any of the may be liable, except where caused by the active negligence, sole negligence, or will misconduct of the District and the City of Carlsbad. Contractor shall at its own expense, upon written request by the District and t City of Carlsbad, defend any such suit or action against the District and the City Carlsbad, its officers, officials, employees and volunteers. Contractors indemnificatil of District and City shall not be limited by any prior or subsequent declaration by t Contractor. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any moni due thereunder without the prior written consent of the District. 9 Rev. 081261 0 0 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under t contract by the Contractor, Contractor shall be fully responsible the District for the a and omissions of Contractor's subcontractor and of the persons either directly indirectly employed by the subcontractor, as Contractor is for the acts and omissions persons directly or indirectly employed by Contractor. Nothing contained in t contract shall create any contractual relationship between any subcontractor Contractor and the District. The Contractor shall bind every subcontractor and evc subcontractor of a subcontractor by the terms of this contract applicable to Contractc work unless specifically noted to the contrary in the subcontract in question approved writing by the District. 21 - PROHIBITED INTEREST No official of the District who is authorized in such capacity on behalf of t District to negotiate, make, accept, or approve, or take part in negotiating, makir accepting, or approving of this agreement, shall become directly or indirectly interest personally in this contract or in any part thereof. No officer or employee of the Distr who is authorized in such capacity and on behalf of the District to exercise a executive, supervisory, or similar functions in connection with the performance of tt contract shall become directly or indirectly interested personally in this contract or a part thereof. 10 Rev. 081261 0 e 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of I District, either before, during or after the execution of this contract, shall affect or moc any of the terms or obligations herein contained nor entitle the Contractor to E additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” terms, conditions, and provisions hereof shall inure to and shall bind each of the part hereto, and each of their respective heirs, executors, administrators, successors, E assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first writl above. 25. CONFLICT OF INTEREST The District has determined, using the guidelines of the Political Reform Act i the District’s conflict of interest code, that the Contractor will not be required to filc conflict of interest statement as a requirement of this agreement. However, Contrac hereby acknowledges that Contractor has the legal responsibility for complying with Political Reform Act and nothing in this agreement releases Contractor from I responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and i and all amendments insurance against claims for injuries to persons or damage 11 Rev. 08/2& 0 0 property which may arise out of or in connection with performance of the wo hereunder by the Contractor, his agents, representatives, employees or subcontractor Said insurance shall be obtained from an insurance carrier admitted and authorized do business in the State of California. The insurance carrier is required to have current Best’s Key Rating of not less that “A-:V” and shall meet the District‘s policy fi insurance as stated in Resolution No. 772. A. Coverages and Limits Contractor shall maintain the types of coverages and minimum limi indicated herein, unless a lower amount is approved by the General Counsel Executive Manager. 1. Comprehensive General Liability Insurance. $1,000,000 combinf single-limit per occurrence for bodily injury, personal injury and property damage. If tl submitted policies contain aggregate limits, general aggregate limits shall apK separately to the work under this contract or the general aggregate shall be twice tl required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved 1 Contractor‘s work for the District). $1,000,000 combined single-limit per accident 1 bodily injury and property damage. 3. Worker‘s Compensation and Employer’s Liability. Worke Compensation limits as required by the Labor Code of the State of California ai Employer’s Liability limits of $1,000,000 per accident for bodily injury. 12 Rev. 08/26/ 0 .a 4. Professional Liability. Errors and omissions liability appropriate the contractor’s profession with limits of not less than $1,000,000 per claim. Coveras shall be maintained for a period of five years following the date of completion of tt work. B. Additional Provisions Contractor shall ensure that the policies of insurance required under tt agreement contain, or are endorsed to contain, the following provisions. 1. The District and the City of Carlsbad shall be named as i additional insured on all policies excluding Workers’ Compensation and Professior Liability. 2. The Contractor shall furnish certificates of insurance to the Distr before commencement of work. 3. The Contractor shall obtain occurrence coverage, excludii Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement a any extension thereof and shall not be canceled without 30 days prior written notice the District sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverag required herein, then the District will have the option to declare the Contractor breach, or may purchase replacement insurance or pay the premiums that are due 13 Rev. 08/26] 0 0 existing policies in order that the required coverages may be maintained. T Contractor is responsible for any payments made by the District to obtain and mainti such insurance and the District may collect the same from the Contradoor or deduct 1 amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or 1 receive written notice on behalf of the District and on behalf of the Contractor connection with the foregoing are as follows: For District: Title William E. Plummer, District Engineer Name Carlsbad Municipal Water District Address 5950 El Camino Real Carlsbad, CA 92008 For Contractor: Title John Powell, President Name John Powell & Associates, Inc. Address 175 Calle Magdalena, Suite 101 Encinitas, CA 92024 ArchitecVLicense Number: ArchitecVLicense Number: 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for I duration of the contract. 14 Rev. 08/26, 0 0 29. ENTIRE AGREEMENT This agreement together with any other written document referred to contemplated herein, embody the entire agreement and understanding between tt parties relating to the subject matter hereof. Neither this agreement nor any provisic hereof may be amended, modified, waived or discharged except by an instrument writing executed by the party against which enforcement of such amendment, waiver discharge is sought. Executed by Contractor this yh day of P//i4 ,19= CONTRACTOR: CARLSBAD MUNICIPAL WATE DISTRICT, a municipal corporation the State of California JOHN POWELL & ASSOCIATES, INC. (name of contractor) By: (print n ame/t itle) ATTEST: By: (sign here) (print name/title ALETHA L. FhUTENKRANZ, Secretary (Proper notarial acknowledgment of execution by Contractor must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only o officer signs, the corporation must attach a resolution certified by the secretary or assistant secret? under corporate seal empowering that officer to bind the corporation.) 15 Rev. 081261 - e 0 APPROVED AS TO FORM RONALD R. BALL General Counsel pP / By: $-ci hi LA ."I' /. z& ,y"& " ' De puy'beneral Counsel 16 Rev. 081261 r 0 0 STATE OF CALIFORNIA 1 zss. COUNTY OF SL,d p;, <+.a J On &, c\ -la \ 49 q before me, SAOA Tc\. mQ.0 \to - YUa%anc,. 9 Lb\ b- c b NAME AND TITLE OF OGICER L DATE - personally appeared L \ad 6% . 0 ows1\ NAME@) OF SIGNER@) personally known to me - OR - '* proved to me on the basis of satisfactory evidence to be the person(s) whos is/are subscribed to the within instrument and acknowledged to me that ke/she/they executed the same in - h authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity up0 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r, (This area for official notary seal.) SIGNATURE OF NOTAR? Title or Type of Document Date of Document - NO. of Pages -2 \ Signer(s) other than named above - 06, kXHiHl'L' "A" Consulting Civil E 0 0 John Powell S Associates, Inc. WO\VELL March 27, 1997 82 03O\plnchk Mr. William Plummer District Engineer Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 SUBJECT: PLAN CHECK SERVICES FOR WATER, RECLAIMED WATER AND SEWER SYSTEM IMPROVEMENTS Dear Bill: In response to your request, John Powell & Associates, Inc. (Powell) is pleased submit this scope of work for general engineering and plan check services. TI scope is an extension to our previous agreement, which is about to expire. I. SCOPE OF SERVICES It is our understanding that Powell will continue to provide water, reclaimed wat and sewer system general engineering and plan check services for water, reclaim water and sewer system improvement projects. These services will genera consist of the following, depending on the size of the development and the stage completion of the plan check: A. B. Review the submittals for completeness. Check plans for conformance to District check lists, District desi guides and applicable codes. Determine if plans are in compliance with the conditions of approv water or sewer master plans, or other agreements. Check for overall technical conformance and adherence to good desi practice. Check existing and proposed easements and identify needed nc easement for water or sewer facilities. C. D. E. F. Redline comments on plans. -__ ____ ___ -- - _--. ----- -_ ___ ;75 Cc7lie Mac: ?a e7a C~CJ t 62 107 rrc + c TL', 92024 / (5191 753-1'120 I .- Mr. William Plumm 6) 0 March 27,1997 Page 2 of 3 + G. Review plan check submittals with District staff to discuss significai review comments or unresolved issues. Meet with the District and/or the developer's engineer if necessary discuss and resolve any major issues. Prepare a letter of transmittal and issues lists transmitting the plai and review issues back to the developer's engineer. Correspond with the developer's engineer to discuss and resolve revic comments. Other tasks as requested by District staff. H. I. J. K. 11. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Copies of all relevant reports, studies, drawings, correspondence, a other relevant project information or data. Assign one person to serve as the Client's project manager who h authority to represent the Client and wdl serve as the point of interfa for all project issues and communications. A complete written description of all pertinent project information a issues, including all unusual or critical requirements of the Client. B. C. 111. FEES AND CONDITIONS The Services described in Section I, Scope of Services, will be provided on an how rate basis in accordance with John Powell & Associates, Inc. Standard Rate Schedi in effect at the time the services are performed. A copy of the current Standard R: Schedule is attached. Invoices will be submitted monthly that describe the semi( performed and the cost of such services. _____~ -- -~__-- - - ___ dahn Powell 6; Associates, Inc. 175 Calle Macds e-a SL te IC" Enc - tas CA 92024 1 I .- Mr. William Plum a 0 March 27, 1997 Page 3 of 3 ? We appreciate the opportunity of offering this scope of work, and we look forward continuing to work with you on this project. If you have any questions, please call 1 or our project manager, Tom Frank. Respectfully submitted, JOHN POWELL & ASSOCIATES, INC. Mar Yl A+ Weinberger Engineering Director MRWItb Attachment cc: Sara Maples, Powell ___ __ _~_ _~-______-~ -- ---~- __-_ john Powell 6 Associates, Inc. 175 Caile Magdate-a SL te 101 Encin ras CA 92ZSC / 'e Consulting Civil E 0 0 John Powell S Associates, Inc. STANDARD RATE SCHEDULE EFFECTIVE JULY 1,1996 GRADE CLASSIFICATION HOURLY RATE P11 Principal $ 145.00 P10 Director $ 130.00 P9 Principal Engineer $ 110.00 P8 Supervising Engineer $ 97.00 Senior Construction Manager P7 Senior Engineer $ 87.00 Construction Manager P6 Engineer $ 77.00 Resident Engineer Administrative Manager Senior Design Manager Senior Designer Senior Field Representative Senior CADD Operator Senior Administrator P5 Associate Engineer $ 69.00 P4 Assistant Engineer $ 59.00 Designer Field Representative I1 CADD Operator I1 Administrator I11 P3 Drafter $ 49.00 Field Representative I CADD Operator I Administrator I1 Word Processor I1 P2 Engineering Tech $ 42.00 Administrator I Word Processor I P1 Clerical $ 36.00 In addition, idensable non-salary costs which are directly attributable to the project such reproduction costs, telephone charges, postage, etc., are billed at actual cost plus 15 percent to co' overhead and administration plus 3 percent for insurance costs. CADD system time is charged at 9 per hour. Mileage is billed at $0.35 per mile for required travel. Time spent in travel in the interesl the client is charged at the standard hourly rates. Fees for litigation and expert witness services will be charged at $150.00 per hour with a 4 hc minimum per day. Fees for subconsultant services provided through John Powell & Associates, Inc. are billed at actual c plus 15 percent to cover overhead and administration, plus 3 percent for insurance costs. A late payment finance charge at a rate of 18 percent per annum wdl be applied to any unpaid balai commencing 30 days after the date of original invoice. This rate schedule is subject to annual and/or periodic revisions as necessary to accommod inflationary trends, salary adjustments and the general costs of business. _- _. - - -_s-- - ___. -. - .-- -- ______ _--_ - ._ __ 375 c 2 rl r ,I<> *->* I 'c- CA c)2024 / '6" Yj 753 1120 0 0 f 1 RESOLUTION ADOPTED BY UNANIMOUS WRITTEN CONSENT OF DIRECTORS OF JOHN POWELL & ASSOCIATES, INC. A California Corporation The undersigned, being the only members of the Board of Directors of Joh Powell & Associates, Inc., A California Corporation, do by this writing, consent t take the following actions and adopt the following Resolutions without a form: meeting of the Board: Be it resolved that: John M. Powell, in his capacity as President, has the authority t contractually commit the corporation without prior knowledge, consent or action c the Board of Directors. - We direct that this consent by filed with the Minutes of the proceedings of th Board of Directors of the corporation. This unanimous written consent is executed pursuant to section 307(c) of thc Corporations Code of the State of California, U.S.A., and the Bylaws of thc corporation, which authorize the -taking of action by the Board of Directors b: written unanimous consent without a meeting. Dated: 4/?/?5 Dated: 6!7 195- u- Dated: (.! 11 9 s c. u I Iwlwv.=.-B -I. I .I I L. wj IN~U~HNL~ lWRENCE UNITED CORP. .O. BOX 80187 AN DIEGO CA 92138 OHN POWELL & ASSOCIATES 75 CALLE MAGDALENA NCINITAS, CA 92024 CONIPACTORS PAOT WEUABUITY CTS GENERAL LIABILITY PER CITY OF CARLSBAD ATTN: RUTH FLETCHER 1200 CARLSBAD VILLAGE DR CARLSBAD CA 92008 . ..., t I I I +* 1 a /JWb1083401 ADDITIONAL IWRED b v )L THlS ENDORSEMENT CHANGES THE POLlCY. PLEASE READ IT CAREFC This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY I. The following provision is added to paragraph C., - 2) "Bodily injuv or "property d; . .. WHO IS AN iNSU , in the Liability Coverage ing out of any act or omissi0 ditional insured@)" or ar employees. .. .. .. ' .. .. .. .. . .. .. .. . ., I . I. '.Fotm: ' .. . ,'.:e-. ..*'.'.. ' . ._ .'..,? .. ..... > .I . .. Any person or organization you are required by written contract to name as an insured (called "additional insured'? is an insured, but only with respect to liability ansing out of your premises or "your work" for the "additional insured." by or rented to the insured(s)"; 2. With respect to the insurance afforded these "additional insureds." the following additional pro- b. Property in the care. visions apply: control of the "addition: or over which the "E A. The limits of Insurance provided on behalf of sured(s)" are for any p the "additional insured" are not greater than - cising physical control; c those required by such contract. ln no event shall the Limits of Insurance in this Coverage e. Your WOW for thc Form be increased by such contract. insured( s)." 6. Additional Exdusions C. With respect to "additional in! are architects. engineers or su This insuranca does not apply to ; insurance does not apply to "b "property darnage," "personal in I .) "Bodily injury" or "property damage" OG vertising injuqf' arising out of tl cumng after: of or the failure to rendsr any services by or for you. including: 8) All work on the project to be per- formed by or on behalf of the "addi- 1) The preparing. approving, tional insured(sf" at the site of the ' prcpare or approve map: covered operations has been cam- opinions, reports, surveys, . pleted; or ders, designs or specificatioi b) That portion of "your work" out of 2) Supervisory, inspottion or D. Any coverage provided by this I shall be excess over any othcr 1 lcctible insurmcc available to 1P insured(s)" whether primary, ex( gent or on any other basis. 3) "Property damage" to: 8) Property owned, used which the injury or damage arises that has been put to 3s intended use by any person or organization other than another contractor or. subcon- tractor engaged in performing opera- tions for 3 principal as a part of the same pfOJ6d. services. THIS ENDORSEMENT MUST BE ATTACtED 10 A CtlANGE ENDORSEMENT WHEN JSSUED POtICY 1s WRITTEN. 5P86 04 (Ed. 10 90) Print _... e e P 5 a v h ENCINITAS, CA 92024 61 9-942-1 803 POWELL, RORY 6. CORP. OFFICE 1824 UILSTONE AV ENCINITAS, CA JOHN POWELL & ASSOCIATES, INC. 175 CALLE MAGDALENA #lo1 ENCINITAS, CA LICENSE MUST BE POSTE 619-753-1120 BUSINESS PREMISES. NOTIFY BUSINESS LICENSE IF YOU CHANGE LOCATION ENGINEERING SERVICES JOHN POWELL & ASSOCIATES, INC. OPERATION. KOCATED AT (BUSINESS LOCATION): BUSINESS AS (DBA. BUSINESS NAME): XNITAS, CA 92024 0 a April 3, 1997 TO: FROM: KATHLEEN SHOUP, CITY CLERK'S OFFICE William E. Plummer, District Engineer PROFFESIONAL SERVICES AGREEMENT NOT TO EXCEED $10,000 BETWEE JOHN POWELL &ASSOCIATES AND CMWD FOR PLAN CHECKING - Attached are three original agreements, one for City records, one for District record and one to return to John Powell & Associates. Please obtain signatures of LE Rautenkranz and General Counsel. Retain one copy for City Clerks records and retu District and John Powell originals to Sandy Schuck, CMWD for further processing wi pu rc ha sing and contractor. Thank you, District Engineer WEP:sjs attachments (3) y ea @A 43.