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Resolution No. 7040
10 11 1 RESOLUTION NO. 7040 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BY AND BETWEEN THE CITY OF VERNON AND RAYMUNDO ENGINEERING CO., INC. RELATING TO THE DESIGN OF A NATURAL GAS DISTRIBUTION SYSTEM 3 4 5 6 WHEREAS, the City of Vernon desires to retain 7 professional consulting services to provide engineering and technical services related to the design of a natural gas 8 9 distribution system; and 12 WHEREAS, Raymundo Engineering Co., Inc. is a licensed engineering firm which has specialized knowledge and experience with gas distribution systems and is qualified to provide such 13 services; and 14 WHEREAS, the Director of Community Services has recommended that the city of Vernon enter into an agreement with 15 Raymundo Engineering Co., Inc. to provide special design services 17 on the gas distribution system. 16 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 19 THE CITY OF VERNON AS FOLLOWS: 20 SECTION 1: The city Council of the city of Vernon 21 hereby finds and determines that the recitals contained 22 hereinabove are true and correct. 23 SECTION 2: The City Council of the City of Vernon 24 hereby approves the Professional Services Agreement, Raymundo 25 Engineering Co., Inc., a copy of which has been presented to the 26 City Council concurrently with this resolution, and the City 27 Council hereby orders said Agreement to be received and filed by 28 the City Clerk. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 SECTION 3: The City Council of the city of Vernon 2 hereby authorizes the Mayor and the City Clerk to execute said 3 Agreement for, and on behalf of, the City of Vernon. 4 SECTION 4: The City Clerk of the City of Vernon shall 5 certify to the passage of this resolution, and thereupon and 6 thereafter the same shall be in full force and effect. 7 APPROVED AND ADOPTED this 4th day of November, 1997. 8 9 ~ ' , ~ . . ~ ~'. E~NIS~ AT~0 BRUCE V. MALKENHORST, City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) 2 3 I, BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7040, was duly adopted by the City Council of the City of Vernon at a regular meeting of the city Council duly held 5 6 7 on Tuesday, November 4, 1997, and thereafter was duly signed by the Mayor of the City of Vernon. 8 9 4 BRUCE V. MALKENHORST, City Clerk (SEAL) f . II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .... EXECUTION COpy AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this ~ day o~ ' 1997, in the city of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON, (hereinafter referred to as the "City") 4505 Santa Fe Avenue Vernon, California 90058 AND RAYMUNDO ENGINEERING CO., INC. (hereinafter referred to as "Consultant") 488 N. Wiget Lane Walnut Creek, California 94598 WITNESSETH WHEREAS, the City requires Consultant to perform and provide engineering and technical services to the City of Vernon related to the design of a natural gas distribution system; and WHEREAS, the City desires to engage the Consultant for the services hereinafter described; and WHEREAS, Consultant submitted a proposal to city dated September 3, 1997 (the "Proposal") which includes a description of proposed services and a cost proposal; and WHEREAS, the Consultant represents' that it is qualified to perform such service under this Agreement for Professional Consulting Services (hereinafter "Agreement"). NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. COMPENSATION 1. Task A. The City shall compensate the Consultant for the services performed in connection with Task A in an amount not to exceed Ten Thousand Nine Hundred Sixty Dollars and No Cents ($10,960.00). 2. Task B. The city shall compensate the Consultant for services perform~d in connection with Task B in a lump sum amount of Eleven Thousand Eight Hundred Seventy Dollars and No Cents ($11,S70.00). 3. Travel Expenses. Directly related travel expenses as set forth in the proposal are included in the foregoing amounts. IV. METHOD OF PAYMENT within thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder, the Consultant shall submit an invoice to the City stating the 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 amount due the Consultant. For Task A only, the invoice shall also contain an itemization of directly related job expenses and subcontract charges incurred by the Consultant and for which compensation is due. For Task B only, the invoice shall contain an estimate of the percentage completed for each sub-task completed. PaYment of the invoice shall be made after acceptance and approval by the City within thirty (30) days of receipt of such invoice. The City's approval of the invoice shall not be unreasonably withheld. V. CHANGES AND EXTRA SERVICES The City reserves the right to request changes in the services to be performed by the Consultant. All such changes shall be incorporated in written change orders executed by the City and the Consultant which shall specify the changes ordered and the adjustment of compensation and completion time required thereof. Any services added to the scope of this Agreement by a change order shall be executed under all applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. VI. CONFIDENTIAL INFORMATION 1. Access to Confidential Information. The City of Vernon may provide Consultant with, or allow Consultant access to, certain information not available to the public concerning the City of Vernon, or businesses located in the city of Vernon. The information may include company information, taxes, sales, value -3- -y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of assets, or other such information. All such information shall be known as "Confidential Information" and may not be used to circumvent the responsibility of either party to this Agreement. 2. No Disclosure. Except as expressly permitted, Consultant shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of the City of Vernon. Consultant shall return any written Confidential Information, and all copies made of such items, to the City upon the city's written request, but in any event not later than the date that the Consultant has performed all services to be performed pursuant to this Agreement. Consultant hereby agrees that such Confidential Information and any documents provided may be used by Consultant only as authorized by the City or the City of Vernon. Consultant shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized person. 3. Court Ordered Disclosure. Consultant shall immediately notify the City of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena. Recipient may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge. III -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Remedies. In addition to any other remedies that it may have at law or in equity, the city shall be entitled to a temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Agreement. Consultant acknowledges that in case of such breach or threatened breach of said provisions, the City would have no adequate remedy at law. VII. INDEMNITY AND INSURANCE. 1. Indemnification. The Consultant shall indemnify, defend, protect and hold the City and its officers, agents and employees, free and harmless from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense arising out of the services performed under this Agreement, except to the extent arising from or caused by the sole negligence or willful misconduct of the City, its officers, agents or employees. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and proof of insurance has been filed with and approved by the city. Notwithstanding the foregoing, Consultant shall be excused from obtaining automobile liability insurance as specified on Exhibit "A", provided Consultant only uses "hired" (Le. rented) automobiles in the performance of this Agreement and obtains, as part of the rental agreement, liability insurance as offered through the rental agency. VIII. GENERAL PROVISIONS 1. Independent Contractor. At all times during the term of this Agreement, the Consultant shall be an independent contractor and shall not be an employee of the city. The City shall have the right to control the consultant only insofar as the results of the Consultant's services rendered pursuant to this Agreement; however, the City shall not have the right to control the means by which the Consultant accomplishes services rendered pursuant to the Agreement except to the extent that such services involve the use of city of Vernon property or Confidential Information. 2. Consultant Not Aaent. Except as the city may specify in writing, the consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. The Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind the city to any obligation whatsoever. 3. Validity. The validity, interpretation and performance of this Agreement shall be controlled and construed under the laws of the State of California. III -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Products of Consultinq. All products of consulting services with the exception of computer software developed by the Consultant, shall become the property of the city and shall be delivered to the City before the end of the performance of this Agreement. However, computer software shall remain the property of the Consultant, except for the City's continued right to use said software at no extra cost. 5. Assiqnment and Subcontractinq Prohibited. No party to this Agreement may assign or subcontract any right or obligation pursuant to this Agreement except with the. express written consent of the other party'. Any other attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 6. Termination. This Agreement may be terminated by the City only on thirty (30) days written notice to the Consultant. The Consultant shall be entitled to the compensation earned by it prior to the date of the termination notice, computed pro rata up to and including that date, plus compensation for work performed during the thirty-day notice period and authorized in the termination notice. Consultant may terminate this Agreement on twenty (20) days written notice to the city if City fails to pay Consultant's invoice within forty-five (45) days of receipt by city; provided, that the Agreement shall not be terminated if the City issues payment within said twenty-day notice period. 7. Attorney's Fees. In the event that it becomes necessary for either party to this Agreement to enforce any of the provisions of this Agreement, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's -7- 1 fees to be paid to the successful litigant. 8. Notices. Notices to the parties unless otherwise requested in writing shall be sent to: 2 3 4 City: THE CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 RAYMUNDO ENGINEERING CO., INC. ATTN: WILLIAM L. RAYMUNDO, PRESIDENT P. O. BOX 30425 WALNUT CREEK, CA 94598 ENTIRE AGREEMENT 5 6 7 Consultant: 8 9 IX. 10 11 This Agreement is the entire Agreement of the parties, 12 the Consultant represents that in entering into this Agreement, it 13 has not relied on any previous representations or understandings of any kind or nature. 14 X.' BENEFIT OF AGREEMENT 15 16 This Agreement shall bind and benefit the parties hereto 17 and their heirs, successors, and permitted assigns. XI. GOVERNING LAW. 18 19 This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. 20 21 III III III III III III III III 22 23 24 25 26 27 28 -8- 1 2 IN WITNESS WHEREOF, the city and the Consultant have executed this Agreement as of the date first hereinabove set 3 forth. 4 5 6 7 ATT~ /~ BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE CITY OF VERNON ~' ~ BY. ~ EJ;;i~~~~yor . RAYMUNDO ENGINEERING CO., INC. By: U~~ '" ~ · Title: V, '(.4. Pt'eJ"~~ -9- , . EXHIBIT A INS~CE SCHEDULE (CONSULTANT) The Contractor shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Hazards Automobile Liability Owned Automobiles Hired Automobiles Non-Owned Automobiles Workers' Compensation Ernplovers' Liabilitv Coveraae and Limits Bodily Iniury Property Damage Each Person Each Accident Each AccideUt $ 500,000 $1,000,000 $ 500,000 $ 500,000 $1,000,000 $ 500,000 $ 500.000 $1.000.000 $ 500.000 $ statutory $1.000.000 per employer II. General and Professional Liability Premises Operations Elevators (if applicable) Independent Contractors Products - Completed Operations Contract Liability Professional Liabilitv $1,000,000 .$2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1.000.000 $2.000.000 $1,000,000 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $1. 000.000 $2.000.000 $2,000,000 $2.000.000 $2.000.000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the city of Vernon, its officers, and employees as insureds under the policy. 2. An endorsement providing the city of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4 . Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be furnished in the form checked below. certification of the followinq proofs bY the insurance aqent or broker will not be accepted: X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier and notarized. EXHIBIT A _ - - _ ,NOTICE OF CANCELLATION___ OF MORTGAGEE AND/OR ~ CERTIFICATE HOLDER ` f _ _ ? TRUCK INSURANCE EXCHANGE ~J ~ ® FARMERS INSURANCE EXCHANGE IMPORTANT ( ? MID-CENTURY INSURANCE COMPANY f ~ ~I ? a RAYMUNDO ENGINEERING CO INC INSURED: PROPERTY 488 WIGET LANE ADDRESS: -I POLICY OR ~ CERTIFICATE NUMBER(S) AGENT'S NUMBER CANCELLATION DATE , / 60016 17 28 96 78 31N 3-18-99 _ _ I 0 You are hereby notified, that all coverage extended to you under the above listed policy is cancelled effective at 12:00 Noon (12:01 A.M. in California, Oregon, ~ Texas, Oklahoma and Washington) on the Cancellation Date shown above, unless you have been notified of a more recent cancellation under other provisions of the policy. ~ ? You are hereby notified that all coverage extended. to you~under the above policy(ies) or certificate(s) on: i is cancelled effective at 12:00 Noon (12:01 A.M. in California, Oregon, Texas, Oklahoma and Washington] on the Cancellation Date shown above, unless you have been notified of a more recent cancellation under other provisions of the policy. , _ i RTgNr _ ~i E ~ EASE Fp Ffa ~ z ~ ~ ~r ~ c a r~n~sr~a CC ~ 7p?7583 t?:S. p ~ (/Irk ~ S tQ ° ~ ~ _ F~~. - r~ ~ ~ t I CETY C~~". ti _f~~(~~~I~FICE goi les f th ~ You are heretiy n~,,,,~~- or certificate(s) on: _ _ y(ies is cancelled effective at 12:00 Noon (12:01 A.M. in California, Oregon, Texas, - Oklahoma and Washington) on the Cancellation Date shown above, unless ou have been notified of a more recent cancellation under other provisions of the Y policy. Loan # • THE CITY OF VERNON • ATTN: BRUCE V MALKENHORST . Crrv ~n~a..----- "/w ~EN~IQ~~1~ll~T1VI R E C E I V E JAN 9 5 199 TO: Samuel Kevin Wilson, Director of Community Services~;~v~t~~Y Services FROM: Joan F~ancone, Risk Manager/Personnel Assistant DATE: January :15, 1998 SUBJECT: INSURANCE - RAYMUNDO ENGINEERING COMPANY, INC. Enclosed are all the required insurance documents for the above referenced. If you have any questions please call me. JF/ca Enclosures 0 ,,~a,.,,~~..s.~. FARMERS INSURANCE GROUP OF COMPANIES December 2, 1997 11555 DUBLIN CANYON ROAD PLEASANTON, CA 94588 Mailing Address: P.O. BOX 1900 PLEASANTON, CA 94566 (510) 847-3100 G-- , , ~ City Clerk _City_ of Vernon 4305 Santa Fe avenue Vernon, CA 90058 RE: I r~j f.Or ~'•k~ of ~/~rrwn~~ _ n ~ ~n Ft~'~ineQ""1ig.~'•`.)'~fl!?a~y; Ir1.~'-~ l ia~71,.~. Gdl 6'v In ~!a v. v.~.v.e SE~ rri.~n vl1~ r POLICY NUMBER: 96 - 60016-17-28 NAMED INSURED: Raymundo Engineering Company, Inc. City Clerk: • I hereby certify that the certificate of insurance attached hereto and made a part hereof by reference truly and accurately represents the above cited insurance policies and the insurance coverage of each for the named insured issued by Farmers Insurance Exchange. The City of Vernon, its officers, and employees are included in said policies as additional insureds and the City of Vernon will, be provided with thirty (30) days written notice of , cancellation or material reduction of coverage. I certify that I am an officer of the insurance carrier named herein and that I am authorized to sign this certificate on behalf of said insurance carrier. Deborah Thomas Commercial Service Team Leader FARMERS INSURANCE EXCHANGE Northern California Region -Pleasanton DT:jg Enclosures cc: Bill Fritz - 96 78 31 N . 5'~' 1' FARMERS. GETS YOU BACK WHERE YOU BELONG CALIFORNIA ALL~PURPOSE ACKNOWLEDGMENT L.~~ ~,-J State of County of ' On ,~''~eB/ l~f~ before me, I v~~~ 1~~--'~F.~-1` Date ~ T Nam and Title of Officer (e.g., "Jane Doe, Notary Pu ic') personally appeared ~ d ~°'~l~ I ~ Name(s) of Signer(s) `rsonally known to me - OR - ? proved to me on the basis of satisfactory evidence to be the person(s) / whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), rar,RR or the entity upon behalf of which the person(s) acted, commission #i i4A~92 executed the instrument. NotGryPUblic-Callfoma AfomBgo County MyCOnIfTl.ixpYeSJul23,21:31)1 WITNESS my hand and official seal. a; Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or T e of Document: ~ Yp Document Date: C~ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:~'~~~~ ~ Signer's Name: ? Individual ? Individual orporate Officer ? Corporate Officer Title(s): Title(s): ? Partner - ? Limited ? General ? Partner - ? Limited ? General ? Attorney-in-Fact ? Attorney-in-Fact ? Trustee ? Trustee ? Guardian or Conservator ? Guardian or Conservator ? Other: Top of thumb here ? Other: Top of thumb here Signer Is Represe ing: Signer Is Representing: .i,~~ © 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CERTIFICATE AS TO EVIDENCE OF INSURANCE . PRIMARY 1 wsuRnNCE~ The Exchange or Company shown on the reverse side as; number - ? (iNSUR NcE) `Excess over Primary-.with Company shown. on.reverse side-as;number- This certificate suppersedes any previously issued- certificate. THIS IS NOT AN INSURANCE-POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND,- EXTEND OR ~ ALTER THE COVERAGE PROVIDED BY THE POLICIES LISTED BELOW. .Named RAYMUNDO ENGINEERING CO ING Insured 3339 VINCENT RD Excess Policy or Certificate Number Address PLEASANT HILL CA 94:523 96 78 31N 60016 17 28 Agent Policy Number We_certify that policies for the above Named Insured are in force as follows: Effective .from: 10-10-97 to; - a6,whichtime this certificate becomes ?'VOID or' L79 continuous until cancelled. (Box "X'd" applies). COMMERCIAL GENERAL LIABILITY .COVERAGE COMBINED PRIMARY & EXCESS LIMITS OF INSURANCE - --COVERED - - NOT .COVERED ` -GENERAL- AGGREGATE LIMIT .(Other - ® ? PREMISES/OPERATIONS Than Products-Completed Operations) $ . 2 , 000 , 000 ~ ? PRODUCTS-COMPLETED PRODUCTS-COMPLETED OPERATIONS OPERATIONS AGGREGATE LIMIT $ PERSONAL & ADVERTISING INJURY LIMIT $ 2 , 000 , 000. - ' ' EACH OCCURRENCE LIMIT $ _ 2 , 000 , 000 FIRE DAMAGE LIMIT $ 100 , 000 ANY ONE FIRE MEDICAL EXPENSE .LIMIT $ 5 , 000 ANY .ONE PERSON WORKERS' COMPENSATION EMPLOYER`S LIABILITY;INSURANCE LIMITS .COVERED NOT- COVERED... BODILY- INJURY BY ACCIDENT $ each .Accident ? ? STATUTORY'. BODILY INJURY BY ACCIDENT $ each .Employee- BODILY INJURY BY ACCIDENT $ Polio Limit- AUTO and/or GARAGE LIABILITY COVERAGE - ?DEALERS (Plan I) ?N0N-DEALERS (Plan Iq COMBINED LIMITS OF PRIMARY & EXCESS INSURANCE 1,`'_,-~' COVERED NOT COVERED Bodily Injury $ ,000 each person ? CXJ Owned $ ,000 each Accident ® ? Hired. Property Damage $ ;000- each Accident ® ? Non-Owned ~~~~~(~1Id(iK $ ,000 XI~~rXIE~>6DkK 2 ~ 00,0 Single Limit Liability for Coverages: checked ~ above. $ ,OOO each Accident COVERED NOT COVERED $ ,000 each Vehicle ~ Cargo $ ,000 each occurrence Described description OWNED ? .below ? waived AUTOS YEAR; MAKE; TYPE OF BADY, LOAD_CAPACITY IDENTIFICATIOFI NUMBER 1F COVERED UMBRELLA LIABILITY -Umbrella Liability $ ,000 retained limit .POLICY NUMBER $ ,000 each occurrence $ ,000 aggregate lJpon cancellation or termination tif.-this policy or policies from any cause we will email 30 - :days written. notice to the other interest shown below: Notice of cancellation of the primary coverage automatically terminates excess coverage. Certificate Issued To: .Name THE .CITY OF VERNON SEE CG20101093 and ATTN:.BRUCE V MALKENHORST (CITY ADMISTRAT012) ,l .Address... 4305 SANTA FE AVE ~ ~`b VERNON CA 90058-0805 Countersigned by Authorized Represen ' e OHIO Only: Any person who; with intent to defraud or knowing that he is facilitating a fraud against,an .insurer, submits an;applicat~n or - files a claim containing a false or deceptive statement is guilty. of: insurance fraud. o - ~ 56-5287 IST EDITION: 486 - ~ (OVer) - H-96 1451 POLICY NUMBER: 60016 17 28 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART - - SCHEDULE Name of Person or Organization:. THE CITY OF VERNON (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations pertormed for that in- sured. _ 1~~1 ~J CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 ? s.. - R ZURICH REINSURANCE Zurich Reinsurance (London) Limited PROFESSIONAL LIABILITY INSURANCE POLICY .DECLARATIONS Policy No. ZRU960215 Prior Policy No. 1)POLICYHOLDER: Raymundo Engineering Co., Inc. 2)Mailing address: P.O. Box 30425 Walnut Creek, CA 94598 3)POLICY PERIOD: Effective Date: June 15, 1997 Exppiration Date: June 15, 1998 (1.2:01 a.m. Standard Time at the above 1Vlailing Address) 4)COVERAGE: Architect/Engineer Professional Liability Claims Made 5)OU~t Linnit of Liability is: $1.000.000 EACH CLAIM including costs and expenses. $1,000,000 Policy Aggregate including costs and expenses. 6)YOUR Deductible is: $10,000 for each CLAIM made against this policy for this POLICY PERIOD. 7)YOUR Premium is: $13,300.00 for the POLICY PERIOD shown above. Note: This is an advance and deposit premium. 8)Prior Acts Retroactive Date: ,Tune 15. 1994 9)Special Conditions: Contractual Liability as endorsed. Service of Suit-California as endorsed. Address Change as endorsed. NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY. This means that YOU are covered, sub'ect to all provisions of this policy, for those claims of which WE receive written notice during the POLICY PE~IOD as explained in Your Claims Made Coverage on page 5 of this policy. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THIS COVERAGE WITH YOUR INSURANCE AGENT OR BROKER. Countersigned at: Concord, CA Date: November 13 1997 Countersigned by: Grant H. Weaver Jr. RA&MCO Insurance Services-Authorized Representative In witness whereof, the Company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the Company, where required. I, Thomas P. Keenan, do hereby certify and attest that this is a true and accurate py of a policy now ce. - ~y ie n erwrrtmg icer Signed: Dated: ~.3 ENDORSEMENT 01 CONTRACTUAL LIABILITY In consideration of the premium paid, it is understood and agreed that Exclusion 1 of this policy is deleted and replaced by the following: 1. WE will cover YOU for any liability which YOU assume under any contracts or agreements for professional services, whether written or oral, to any and all persons or organizations with whom - - - YOU so contract or agree to the extent that such liability arises from YOUR negligent act, error or omission in the performance of YOUR professional services. Notwithstanding. the above, WE will not .cover `YOU for liability of others which YOU assume under any contract or agreement, whether written or oral, except to the extent that such liability arises to another solely as a result of its vicarious or imputed liability for YOUR own negligent act, error or omission in the performance of YOUR professional services. Nor will WE cover YOU for warranties, .guarantees, certifications, penalty clauses or liquidated damages. This endorsement does not amend or increase OUR Limit of Liability shown in Item 5 on the Declarations Page of YOUR policy. All other policy provisions shall remain the same. Attached to and forming part of No.ZRU960215 ISSUED TO: Raymundo Engineering Co., Inc. EFFECTIVE: 06/15/97 BY: ~ 5'~~ i' f ENDORSEMENT 02 SERVICE OF SUIT CLAUSE (U.S.A.) It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be due hereunder, the Underwriters hereon, at the request of the INSURED (or Reinsured), will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United - States: It is further agreed that service of process in such suit may be made upon Mendes & Mount 725 South Figueroa Street, Nineteenth Floor Los Angeles, CA 90017 U.S.A. ,and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon the request of the INSURED (or Reinsured) to give a written undertaking to the INSURED (or Reinsured) that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the INSURED (or Reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof. All other policy provisions shall remain the same. Attached to and forming part of No.ZRU960215 ISSUED TO: Raymundo Engineering Co., Inc. EFFECTIVE: 06/15/9'7 BY: I'f~ ENDORSEMENT 04 E~CES5 PROFESSIONAL LIABILITY COVERAGE WITII RESPECT TO A SPECIFIC PROJECT FOR TIIE PERIOD STATED In consideration of an additional one time premium of $1,000, it is understood and agreed that a Limit of Liability of $1,000,000 shall apply in excess of that Limit of Liability shown on the Declarations Page, but only with respect to the PROJECT identified below: - - -Name of Project: City- of Vernon Location of Project: Vernon, CA It is further agreed that in the event of reduction or exhaustion of the underlying Limit of Liability shown on the Declarations page, due to payment of any CLAIM or CLAIM EXPENSE, the excess limit specified above shall continue in full force and effect only with respect to the identified PROJECT and shall not apply to any other services provided by YOU. In no event shall the aggregate of the underlying Limit of Liability shown on the Declarations Page and this specific excess limit for this PROJECT exceed a maximum of $2,000,000. The dates for which this coverage shall apply are December 16, 1997, 12:01 a.m. to March 16, 1998, 12:01 a.m. All other policy provisions shall remain the same. Attached to and forming part of No.ZRU960215 ISSUED TO: Raymundo Engineering Co., Inc. EFFECTIVE: 11/06/97 BY: ,I 1 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION N S U R A N C E 'CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: ~,~F~0031-97 NOVEMBER 06, :'1992 CERTIFICATE EXPIRES. 2-01-98 THE CITY OF VERNON ATTN: BRUCE V. MALKI;NHOKST -'CITY ADMINISTRATOR 4305 SANTA FE AVE. VERNON, CA 90058-0805. This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding.. any requirement:, term, or condition of any contract or other document with respect to which this dertificate of msurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms; exclusions and conditonsof such policies. i~~/~ AUTHORIZED REPRESENTATIVE PRES{DENT EMPLOYER'S LIABILITY LIMIT: $1,000,000 PER OCCURRENCE. EMPLOYER RAYMUNDO ENGINEERING CO., INC. ~ 3339 VINCENT RD. PLEASANT HILL, CA 94523 ~ `i~~ November 25" 1997 TO: Joan Francone,,Risk Manager/Personnel Assistant FROM.: Samuel Kevin Wilson D rector of Community Services _ ~ ~ and Water ' :SUBJECT : INSURANCE - RAYMUNDO ENGINEERING, INC . ~ ~ ' //l/ / Please review the insurance for the attached Agreement.. As you will see by the attached memo from Gloria, she is holding the Agreement until the insurance requirements are met. Thank you for your prompt attention to this matter. SKW:ps - Attachments cc: Gloria Orosco i INTER-OFFICE MEMORANDUM DATE: November 24, 1997 TO: Kevin Wilson Director, Community Services & Water Department FROM: Gloria J. Orosco, Chief. Deputy City Cle _ _ SUBJECT:_ __INSURANCE.DOCUMENTS R.AYMUNDO ENGINEERING CO., INC. Kevin: Have all insurance documents been received and approved relating to the Design of a Natural Gas Distribution System and the Professional Consulting Services Agreement with Raymundo Engineering Co., Inc.? I would like to send out the Agreement, but I do not wish to do so until they have met its requirements. Please advise. GJO/mm r CITY COUNCIL DAVID B. BREARLEY City Attorney LEONIS C. MALBURG FAX: (818) 330-5818 Mayor THOMAS A. YBARRA KEVIN WILSON Director of Community Services & Water Mayor Pro-Tern FAX: (213) 588-2761 Wm. "BILL" DAVIS KENNETH J. DeDARIO Councilman Director of Light & Power H. "LARRY" GONZALES FAX: (213) 583-1983 Councilman DAVE TELFORD W. MICHAEL McCORMICK Fire Chief Councilman T~+v T FAX: (213) 581-1385 -BRUCE-V,-MALKENHORST CI 1 1 ~~L~ LOUIS ROSENKRANTZ City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178 November 20, 1997 Raymundo Engineering Co.,,Inc. 488 N. Wiget Lane Walnut Creek, CA 94598 Re: Agreement for Professional Consulting Services Relating to the Design of a Natural Gas Distribution System. Gentlemen: - Transmitted herewith is a fully executed copy of the Agreement for.Professional Services By and Between the. City of Vernon and Raymundo Engineering Co., Inc., Relating to the Design of a Natural Gas Distribution System for your files, .approved by the Vernon City Council as of November 4, 1997. If you have any questions regarding this matter, please don't hesitate to call Mr. Kevin Wilson, Director of Community Services. & Water Department. .Very truly yours, 02~~ oria J. Or Chief Deputy City Clerk GJO/mm enclosure cc: Kevin Wilson Director, Community Services & Water Dept. l/ October 28, 1997 A-2 TO: Bruce V. Malkenhorst, City Administrator J - FROM: - -Samuel "Kevin" Wilson~Director of Community Services- & Water SUBJECT: RAYMUNDO ENGINEERING On September 11, 1997 I sent you a memo recommending that Raymundo Engineering be hired to perform consulting services on the City's Natural Gas System at a cost not to exceed $21,830. The first phase of the agreement has them reviewing our system and determining the best way to regulate the pressure and designing the pipeline river crossing at Bandini Boulevard. When Raymundo Engineering submitted their proposal, they were unaware of our insurance requirements. Our agreement requires two million dollars of Professional Liability Insurance. Raymundo currently maintains one million dollars of Professional Liability. In order for Raymundo to provide the additional- insurance, their premium would increase by $1,000. for coverage during the contract.. The City Attorney is of the opinion that this additional insurance is necessary. Therefore it is recommended that we hire Raymundo Engineers to provide the services. outlined in their proposal for a cost not to exceed $22,850. SKW:ps CITY COUNCIL ~ BREARLEY LEONIS C. MALBURG Cit~y~Attorney FAX: (818) 330-5818 Mayor THOMAS A. YBARRA KEVIN WILSON Mayor Pro-Tem Director. of Community Services & Water FAX: (213) 588-2761 Wm. "BILL" DAMS Councilman KENNETH J. DeDARIO Duector of Light & Power H. "LARRY" GONZALES _ :FAX: (213) 583-1983 Councilman DAVE TELFORD W. MICHAEL McCORMICK Fire Chief Councilman FAX: (213) 581-1385 - CITY_ HALL _ - BRUCE-V MALKENHORST _ - _ LOUIS ROSENKRANTZ__ City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief F4X: (213) 581-7924 TELEPHONE. (2l3; 5S3-8R? 1 FAX: (213) 581-1178 Oc ober 28, 1997: FEDERAL EXPRESS Mr. William L. Raymundo, President Raymundo Eningeering Co., Inc. 488 North Wiget Lane- - Walnut Creek, California 9.4598- Re: Agreement for Professional Consulting Services. Dear Mr. Raymundo: Enclosed for signature are duplicate originals.: of the 'above- `referenced agreement. Please return both signed originals directly to the City of Vernon on or before November 3, 1997,- in the envelope provided for your convenience. The City will return a conformed"original to you once the agreement has been approved by the City Council .and has been signed by the City. The agreement is presently scheduled for consideration by the Council at its November 4, 199 7 regular ~~leeting. 1~1~ Thank you ver much for .your assistance in this matter. 1~~ ~ Ver trul ours i Y Y Y ~ ~ yln~ ~ ~ DAVID B. BREARLEY D ( ~ ' ty Attorne fl / ~v ~ °by Ric ar J. Morillo ~ Attor DBB:RJM:nc Enclosures cc: Bruce V. Malkenhorst, City Administt Information to be entered when assigning new agreement# to system. CATEGORY (circle one only) : L & P, GAS, GENERAL, LICENSE AGREEMENTS OR REDEVELOPMENT AGENCY # 1. A proval date: i ~ ~ # 1 a. Agreement # CI p #2. Title of A reement: ~ /f g ~ ~ #3: Effective Date: (if different from approval date) #4. Expiration Date: (if applicable) ~o #5. Expiration Date: NONE t :AgrmntData