Loading...
HomeMy WebLinkAbout2010 CON (Encroachment Agreement) Agnes Barber - Groundwater Monitoring WellsPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 D O C if 2010-0383734 �1111111IIIHIIIIIIIIJu NIIIIIIIIIIMillIIIIIIIIIIIilllNIHIIII III JUL 29, 2010 9:16 AM 12E32 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 38.00 PAGES 8 111111111111011111111111111111111111111111111111111111111111111111111111111111111111 THIS SPACE FOR RECORDER'S USE ONLY ENCROACHMENT AGREEMENT: WITH THE ESTATE OF AGNES BARBER FOR INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT 340 PALM AVENUE ALONG THE CENTERLINE OF PALM AVENUE NORTH OF EAST 4TH STREET (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 12533 FEE: $490.00 MONITORING WELL ENCROACHMENT AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, Estate of Agnes Barber (hereinafter referred to as "PERMITTEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest and assigns of the PERMITTEE. The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property or right-of-way for the use and benefit of PERMITTEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMITTEE'S encroachment are described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This encroachment permit and agreement (collectively hereafter, AGREEMENT) is made for the direct benefit of PERMITTEE and PERMITTEE's property above described, and the covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE hereby specifically acknowledges, accepts and agrees to. PERMITTEE also acknowledges that those terms and conditions include, without limitation, the CITY's right to require the removal, relocation or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer, at PERMITTEE's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this encroachment permit, the maintenance of the encroachment, and the PERMITTEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its attorney's fees and costs of enforcement. A copy of this encroachment agreement may be recorded against the PERMI FTEE's real property that may be benefited by the installation and maintenance of the encroachment. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 12534 3. Upon notification in writing by CITY's City Engineer, the above described encroachment shall be abandoned, removed or relocated by PERMITTEE at the PERMITTEE's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5 . CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMITTEE's entry upon and use of CITY's easement or right-of-way for the installation, maintenance, removal and use of the PERMITTEE's encroachment. PERMITTEE shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMITTEE's monitoring wells subject to this agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. 7. Insurance PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars ($4,000,000) aggregate, covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of Three Million Dollars ($3,000,000) per occurrence covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain workers' compensation insurance covering all of PERMITTEE's employees, with limits sufficient to satisfy California statutory requirements. In addition, PERMITTEE shall take out and maintain employer's 12535 liability coverage with limits of not less then One Million Dollars ($1,000,000) per occurrence. The policy shall be endorsed with a waiver of subrogation as to the CITY. All policies required by this Agreement shall be written by insurers licensed to do business in the State of California, which are rated at least "A, VII" by the current A.M Best Ratings Guide and otherwise approved by CITY's Risk Manager. Coverage written by non -admitted, surplus lines carriers may be acceptable provided the insurer is included in the most recent California List of Eligible Surplus Lines Carriers (LESLI list) and otherwise meets CITY insurance requirements. Coverage shall be written on occurrence forms; in the event coverage is written on a claims made form, the retro date must be on or before commencement of this agreement and coverage must be maintained for a period of at least three (3) years following the termination of this Agreement. All deductibles and/or self -insured retentions must be disclosed on the certificate of insurance. These policies shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMITTEE shall furnish CITY a certificate of insurance with all required endorsements evidencing the coverage required by this clause. Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this agreement and require removal of the encroachment. 8. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits, for notification to Underground Service Alert, when applicable, and for the safe installation and maintenance of the encroachment at all times. 9. This encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the CITY and accepted and acknowledged by the PERMITTEE, and, if determined necessary by the CITY, recorded. 10. PERMITTEE shall within 48 hours upon written notification by the CITY, adjust, or cause to adjust the top of the well on Palm Ave .if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 11. PERMITTEE shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the CITY right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 12536 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the well on Palm Ave. and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. PERMITTEE shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 17. The PERMITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the PERMITTEE's operations. 18. The PERMITTEE shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 12537 21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 22. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 23. The PERMITTEE shall provide the CITY with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. PLA"f SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED (t7wntl— PERMITTEE/APPLICANT Dated: lam` -a� �" Printed Name & Signature Sean Roy Person in Responsible Charge (Print Name) Claudia Powell, Administrator of the Estate of Agnes Barber P.O. Box 2321 La Mesa, CA 91943 (858) 401-2348 Mailing Address 24 hr. Phone Number SCS Engineers (619) 464-8966 Firm Name Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. FOR THEe2 O AL CITY Name: Title: /% fy A_ 12538 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L)br a f� before me, eK, Cif 4:N L=�� P(2)6C=L Date Here Insert N�me and Title cf the Officer On /; personally appeared 1,.._Cif Name(s) of Signer(s) ssio ribmiliNdbillillairaida"1"111111CA 19 G011NIi1Y01i# 1M7 Notary Pubic - CalrOlna Ilan asgo Carr„ iii0Come.016201 up20.201 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name(,) islar,' subscribed to the within instrument and acknowledged to me that he/she/thaw executed the same in laa/her/th@io authorized capacity(ies), and that by his/her/tlmeir signature* on the instrument the person09), or the entity upon behalf of which the person(0) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd official seal. Signature OPTIONAL Signature of Notary Public 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 Type of Document: Ft vlllv / �: /v��- 1�'CZ` �!`-�1..�l� Kf���.1i ' �yg.A i'" Document Date: f 4717,2 Number of Pages: Signer(s) Other Than Named Above: Signer's Name: ❑ Individual El Corporate Officer — Title(s): LJ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: (P45/A411:1•L. Capacity(ies) Claimed�by Signer(s) i Signer Is Representing: 'Air 6,A ES OF SIGNER Top of thumb here } Signer's Name: ❑ Individual fl Corporate Officer — Title(s): LL Partner — L Limited L General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator LJ Other: Signer Is Representing: OF SIGNER Top of thumb here �c cYc w�c v�ww �cw�c Y<<ww w���� cu cK c c c cu u ^u k. : =. c<w 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402• www. NationalNotaryorg Item A5907 Reorder:Call Toll -Free 1-800-876-6827 Sidewalk SFR Dkcbimar: kac we is ba00on avabdv data Actul cun®lbm may WI,,, AR Iwalbns and danerabns are apprmlmala. 554-030-16-00 S814 IMW8) Commercial SFR 4 sans 1rM15) 51316 IMW6) 4 East 4th Street a B E MW-12 SFR Sidewalk SFR MW.7 4- SFR SFR EXPLANATION AIM Groundwater monitoring well associated with 4- the Estate of Agnes Barber. Installed by SCS Engineers in August 2008. MW-e Groundwater monitoring well associated with $ former E-Z Serve No. 100781, 1605 East 4th Street, National City, California. Unauthorized release No. H12350.001. --; Approximate location of former underground storage tank excavation. 5614(1M4) 4 Proposed soil boring/monitoring well location • 1-6 25 50 75 n Aypro*nele Graphic Scale In Feet / SCS ENGINEERS Enveonmental Consultants 8799 Baboa Avenue, Suite 290 San Diego, California 92123 Project No.: SITE PLAN WITH LOCATION OF 01207509.00 PROPOSED BORINGS/MONITORING WELLS Estate of Agnes Barber Figure 3 340 Palm Avenue Date Dratted: National City, California u1 1/201e MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? rS+- zo . O . 2) What is the time required to install each well? A ppr-, :a-- \-4-ci . L —1 p 4.r W 3) How long will the wells remain in the street? O.. 4-: ( 4k-k- s o Ca, A A E y— gr. -- 1-s $ ' - .- C.- o K.....T-4 - ----J 0--- -ytti...-. 2 - }s...2 d,_c. - - .--4-....., ,n w C l l S 4) How long will the abandonment of the wells be? (time frame) ,tip -a,.—a-1--.--1 p..Q- -1`1 1-0 o-L a+........-C. 4V4--_ .L...., w e,ll 3 ; .n -s,A-"- G f : �...}-_ .. ---.--1 . 5) How often will the wells be monitored and sampled? MA.- k 4.4- -1--w rd— 3 11.4- w }e.r .1 4-A,-,-,1 S e..-n; _ «.n....e, t. LA „4._.1 S. 1-v_ C.l.oS w i . 6) How long will it take to purge and sample each well? AYP(-a Y:...-.. a o.t,..11 Z 1.,,,ws e.r- wa. (L 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? "1"\--4._ Ec-1-r. Lz_ . b g N....a 13 Qr pp5v -4.b S c e.4 pens : 14- Qo r .•.i.,ln, 4...), a1` ..Jot-.- ,.J.\l `'j.4 Per dA----e.c( by S C.S F.V,-q, A.e__-C( 8) Who will be responsible for top of well head adjustments? —TV1- \--e- r. �s w e r . s re -“,As ; y) e Co - S. LA C..•�� Ll LA.! W `l e. �.�. rw-•e. h.J sC.S cc `` , � 1 / r .%..`^ L.r tA9✓, i-rrtK wv�11 •i'•'-•� E S o- n BUSINESS NAME ATTN: MAILING ADDRESS 60483 CITY OF NATIONAL CITY BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED Date of Expiration TYPE OF BUSINESS T +* CAUFORNIA BUSINESS ADDRESS 39000 KILROY AIRPORTTIO Cirri, WAY STE 100 regairozoss STEARNS, CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC 39000 KILROY AIRPORT WAY STE 100 LONG BEACH, CA 90806-0000 NON TRANSFERABLE POST IN A CONSPICUOUS PLACE 12/31/2009 Finance Director KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 60483 T $85.00 PEN $65.00 ADMR $10.50 TOTAL $140.50 Page 1 of 2 Roy, Sean From: Milanes, Amy Sent: Friday, January 22, 2010 5:02 PM To: Roy, Sean Subject: RE: 01207504.00 Estate of Agnes Barber The business license we have on file expired on 12/31/09. The renewal is due on 2/28/10 & was mailed out today. Do you want a copy of the expired one & maybe you can mention that the renewal is on its way? Amy Milanes AP Supervisor SCS Engineers 3900 Kilroy Airport Way Long Beach, CA 90806 562-426-9544 x3036 562-426-9175 (Fax) amilanes@scsengineers.com From: Roy, Sean Sent: Friday, January 22, 2010 4:53 PM To: Milanes, Amy Subject: FW: 01207504.00 Estate of Agnes Barber Hello Amy I need to see about getting a copy of our Business License with the City of National City, CA here south of San Diego. I need a copy of this to submit with an encroachment permit. Let me know if you have any questions. Sean From: Vanegas, Brenda Sent: Friday, January 22, 2010 4:26 PM To: Roy, Sean Subject: RE: 01207504.00 Estate of Agnes Barber You might want to check with Amy Milanes in Long Beach. I think she is handling that post now. Thanks, From: Roy, Sean Sent: Friday, January 22, 2010 9:41 AM To: Vanegas, Brenda Subject: 01207504.00 Estate of Agnes Barber Hi Brenda I need to see about getting a copy of our Business License for the City of National City, CA. Let me know if there is someone I can call directly for this. 1/25/2010 ACORo® �� CERTIFICATE OF LIABILITY INSURANCE01/12/2010 DATE(MM/OD/YYYY) PRODUCER Aon rusk insurance services west, Inc. Los Angel es CA Office 707 Wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA exoNE.(866) 283-7122 FAX -(847) 953-5390 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIF CATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA INSURERA: Steadfast Insurance Company 26387 INSURERS: Zurich American Ins Co 16535 INSURER C: INSURER D: INSURER L COVERAGES SIR applies per terms and conditions of the olic THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR LTR ADD'L INSRD TYPE. OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YYYY POLICY EXPIRATION DATE(MM/DD/YYYY) LIMITS A �ENERALLWBILITY X — COMMERCIAL GENERAL LIABILITY GPL596611101 03/31/2009 03/31/2010 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 CLAIMS MADE OCCUR MED EXP (Any one person) $10 , 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY ❑ PRO- ❑ LOC JECT PRODUCTS - COMP/OP AGO 52,000,000 © B AUTOMOBILE LIABILITY BAP804440515 03/31/2009 03/31/2010 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO X ALL OWNED AUTOS BODILY INJURY ( Per person) r X SCHEDULED AUTOS HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Per accident) PROPERTY DAMAGE 'O'er accident) GARAGE I-- LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY. AGG $5,000,005 A EXCESS/UMBRELLA X _ X LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION 5E0804440615 03/31/2009 03/31/2010 EACH OCCURRENCE AGGREGATE $5,000,000 e WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED^ (Mandatory In NH) If yes. describe wrier SPECIAL PROVISIONS below wc543484105 04/01/2009 Oa/Ut/lulu x IWC STATU- IoTH- ORY LIMITS ER E.L EACH ACCIDENT ti $1,000,000' E.L. DISEASE -EA EMPLOYEE $1,000,000 S $1,000,000i E.L. DISEASE -POLICY LIMIT A OTHER contractor Prof GPL596611101 professional 03/31/2009 03/31/2010 Each Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Job No.: 01207504.00 Task 3, job: Monitoring well Encroachment, 340 Palm Avenue, National City, CA. city of National City, National City Officer, its Agents and Employees, the Estate of Agnes Barber are included as Additional Insured as respects to General Liability and Auto Liability policies as required by written contract. CERTIFICATE HOLDER City of National City Attn: Charles Nissley Sr. Eng. Tech City Hall 1243 National City Blvd. National City CA 91950 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. C c w ai a, C m I. 1. a+ 7 B AUTHORIZED REPRESENTATIVE a�QGw .`Ilalaf✓aWHnraea 5f. /Yc�iRa ACORD 25 (2009/01) ©I988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Attachment to ACORD Certificate for scs Engineers The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED 5C5 Engineers 3900 Kilroy Airport way, Suite 100 Long Beach CA 90806-6816 USA ADDITIONAL POLICIES INSURER INSURER INSURER INSURER INSURER If a policy below does no include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. N'SR LTR ADD'L INSRD TYPE OFINSURANCE POLICY NUMBER POLICY DESCRrPTION POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS OTHER A Contractor Poll GPL596611101 pollution 03/31/2009 03/31/2010 occurrence $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPEC AL PROVISIONS see attached endt sTF-ESP-101-8 Cw (01/05) and cA 20 01 03 06. Certificate No : 570037530807 INSURED SCS Engineers 3900 Kilroy Airport way, Suite 100 Long Beach CA 90806-6816 USA STF-ESP-101-B CW (01/05) Additional insured - Automatic - Owners, Lessees Or ZURICH Contractors - Board Form COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY Policy No. Eff Date of Pol. Exp. Date of Pol. Eff. Date of End. GPL 59 66 111-01 03/31/2009 03/31/2010 03/31/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: Environmental services Package Policy In consideration of the payment of premium and the Deductible by you and in reliance upon the statements in the Application made a part hereof, we agree with you, subject to terms, exclusions and conditions of the policy and with respect to COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY and the coverage provided by this endorsement 1. Who is an Insured (Section I) in the COMMON POLICY PROVISIONS is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agree-ment. 2. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis-ing injury" covered under COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: a. The "bodily injury" or "property damage" results from your negligence; and b. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: 1. Your ongoing operations; or 2. "Your work" completed as included in the "products -completed operations hazard", performed for the additional in-sured, which is the subject of the written contract or written agreement. 3. However, regardless of the provisions of paragraphs 1. and 2. above: c. we will not extend any insurance coverage to any additional insured person or organization: Certificate No : 570037530807 INSURED SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA STF-ESP-101-B cw (01/05) 1. That is not provided to you in this policy; or 2. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b. we will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: 1. The Limits of Insurance provided to you in this policy; or 2. The Limits of Insurance you are required to provide in the written contract or written agreement 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured. 5. The additional insured must see to it that: a. we are notified as soon as practicable of an "occurrence" or offense that may result in a claim; b. we receive written notice of a claim or "suit" as soon as practicable; and c. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. 6. The insurance provided by this endorsement is primary insurance and we will not seek contributions from any other in-surance available to the person or organization shown in the schedule unless the other insurance is provided by a con -tractor other than you for the same operations and job location. Then we will share with that other insurance by the method described in paragraph 8.c. of Conditions (Section V.) in the COMMON COVERAGE PROVISIONS. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF-E5P-101-B cw (01/05) Page 2 of 2 Certificate No : 570037530807 INSURED SCS Engineers 3900 Kilroy Airport way, Suite 100 Long Beach CA 90806-6816 USA CA 20 01 03 06 COMMERCIAL AUTO CA 20 01 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: SCS Engineers SCHEDULE Insurance company: Zurich American Insurance Company Policy NO.: BAP804440515 Named Insured: SCS Engineers Address: 3900 Kilroy Airport Way, Suite 100, Long beach, cA 90806 Additional Insured (Lessor): AS REQUIRED BY THOSE ENTITIES WITH WHOM THE NAMED INSURED EXECUTES A WRITTEN CONTRACT PRIOR TO LOSS. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Coverage 1. Any "leased auto" designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. 2. For a "leased auto" designated or described in the schedule, who Is An Ins red is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" onit for "bodily injury" or :property damage" resulting from the acts or omissions by: a. YOu b. Any of your "employees" or agents: or c. Any person, except the lessor or any "em ployee" or agent of the lessor, operating a "leased auto" with the permission of any of the above 3. The coverages provided under this endorsement apply to any "leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. Certificate No : 570037530807 INSURE➢ SCS Engineers 3900 Kilroy Airport way, Suite 100 Long Beach CA 90806-6816 USA CA 20 01 03 06 B. Loss Payable clause 1. we will pay, as interest may appear, you and the lessor named in this endorsement for "loss" to a "leased auto". 2. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. 3. if we make any payment to the lessor, we will obtain his or her rights against any other party. C. cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. CA 20 01 03 06 ISO Properties, Inc., 2000 Certificate No : 570037530807 Page 1 of 2 Roy, Sean From: Vanegas, Brenda Sent: Monday, January 25, 2010 8:08 AM To: Roy, Sean Cc: Helak, Suzanne Subject: FW: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Please see our insurance specialist's response regarding the Pollution inquiry. Thanks, From: Helak, Suzanne Sent: Saturday, January 23, 2010 12:56 PM To: Vanegas, Brenda Subject: RE: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Our Pollution policy is $2mil. We can't show more than that on the cert. Our excess/umbrella policy covers our Pollution Policy and bumps it up by $5mil to a total of $7mi1. Our excess/umbrella makes up for the Simi] shortage. No need to reissue the cert. Suzanne Helak Executive Assistant SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach, CA 90806-6816 562-426-9544 Ext. 3058 (Office) 562-426-9175 (Fax) shel ak (& s cs engineers. com From: Vanegas, Brenda Sent: Friday, January 22, 2010 4:29 PM To: Helak, Suzanne Cc: Roy, Sean Subject: FW: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Suzanne, See additional request for the Agnes Barber Estate COI from Sean Roy. Is it necessary for me to complete another form for a revision? Thanks, From: Roy, Sean Sent: Friday, January 22, 2010 9:15 AM To: Vanegas, Brenda Subject: AN: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Hello Brenda I was reviewing the COI and notice that our pollution liability coverage is shown as $2,000,000 on page 2, instead 1/25/2010 Page 2 of 2 of the requested $3,000,000. Could you please see if we get the additional pollution liability coverage? Thank you. Sean From: Roy, Sean Sent: Tuesday, January 05, 2010 12:18 PM To: Vanegas, Brenda Cc: Pryatel, Chuck Subject: FW: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Subject: 01207504.00.SSC3.Task 3.Request for Certificate of Insurance Hello Brenda Attached is the back up for a Certificate of Insurance with coverage requirements for commercial liability (minimum of $2,000,000/occurrence), pollution liability (minimum of $3,000,000/occurrence), Worker's Compensation (sufficient to satisfy California statutory requirements), and employer's (SCS) liability coverage (minimum of $1,000,000/occurrence) I require for the Monitoring Well Encroachment Agreement with National City, California. We are looking to install two wells in National City's right-of-way along Palm Avenue, just north of East 4th Street. The Site address is 340 Palm Avenue National City, CA. We will need to name National City and its Officers, agents and employees as additional insureds (see attached for details). In addition we will need to name the Client (Estate of Agnes Barber) as additional insured. Please read the attached Monitoring Well Encroachment Agreement and email from the City to be certain we comply with all of their requirements. Call me if you have any questions. The Performance Bond and the Well Maintenance Bond will be provided by the Client not SCS. Sean Sean Roy Project Professional/Geologist SCS Engineers 8799 Balboa Ave., Ste. 290 San Diego, CA 92123 P. 858-571-5500 ext. 236 F. 858-571-5357 C. 858-401-2348 sroy@scsengineers.com 1/25/2010 SB14 (MW4) Sidewalk Sidewalk Disclaimer This figure Is based on available data Actual conditions may differ. All locations and dimersions are approximate. Commercial SFR 5815MW5) —s S MW-1A $ MW-1 Sidewalk FR SFR MW-7 $ SCS ENGINEERS Environmental Consultants 8799 Balboa Avenue, Suite 290 San Diego, California 92123 1 halt -paved Mg La SFR EXPLANATION MW3 Groundwater monitoring well associated with ♦ the Estate of Agnes Barber. Installed by SCS Engineers in August 2008. Mw-9 Groundwater monitoring well associated with $ former E-Z Serve No. 100781, 1605 East 4th Street, National Citty, California. Unauthorized release No. H12350-001. Approximate location of former underground storage tank excavation. SFR = Single-family residence 6 inch V.C. sewer main (5 ft below grade) Telephone line (3.5 ft below grade) 20 inch H.P. gas line (4 ft below grade) 1.5 inch H.P. gas line (3.5 ft below grade) 16 inch H.P. gas line (4 ft below grade) 2 inch H.P. gas line (3.5 ft below grade) 12 inch PVC water main (3 ft below grade) 6 inch abandoned A.C. water line (3 ft below grade) 12 inch steel abandoned water line (3.5 ft below grade) SB14 (MW4) * Proposed soil boring/monitoring well location 0 25 50 75 Approximate Graphic Scale In Feet SITE PLAN WITH LOCATION OF PROPOSED BORINGS/MONITORING WELLS Estate of Agnes Barber 340 Palm Avenue National City, Calilomia 4 North Project No.: 01207504.00 Figure 3 Date Drafted: 2/11/2010 MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue. Suite 290 San Diego, California 92123 PROJECT NUMBER: 01207504.00 SITE: 340 Palm Avenue BORING/WELL NUMBER: SB15/MW5 CLIENT: Estate of Agnes Barber COUNTY & PERMIT #: San Diego LMONXXXXXX DATE OF INSTALLATION: DRILLER: Test America Drilling PREPARED BY: Sean Roy J A CONSTRUCTION DETAILS Surface Elevation —100 feet Top of Casing Elevation ? A. Total Depth 110 B. Boring Diameter C. Casing Length Casing Material D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Filter Pack Material H. Depth to top of Seal Seal Material 10-inch 110-feet SCH 40 PVC 4-inch 90-feet 20-feet 0.02-inch 88-feet #3 sand 85-feet Bentonite chips I. Depth to Top of Fill Material 3-feet Annular Fill Material Bentonite grout J. Surface Seal Dimensions Radial or Square or Other Surface Seal Material 3'x3' radial Concrete K. Type and Size of Protective Casing: Morrison 12" Notes: Prepared by: Sean Roy Date: 1/12/2010 Reviewed by: Date: Robert Q. Gutzler PG 5571 1/12/2010 F:\Projects1207\500-550\01207504 (Estate of Agnes Barber)\SSC3 - Additional Site Assessment 2009\Permitting\Proposed SB15-MW5 Well Completion.xls MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue. Suite 290 San Diego, California 92123 PROJECT NUMBER: 01207504.00 SITE: 340 Palm Avenue BORING/WELL NUMBER: SB16/MW6 CLIENT: Estate of Agnes Barber COUNTY & PERMIT #: San Diego LMONXXXXXX DATE OF INSTALLATION: DRILLER: Test America Drilling PREPARED BY: Sean Roy J K CONSTRUCTION DETAILS Surface Elevation -100 feet Top of Casing Elevation ? A. Total Depth 110 B. Boring Diameter C. Casing Length Casing Material D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size 10-inch 110-feet SCH 40 PVC 4-inch 90-feet 20-feet 0.02-inch G. Depth to top of Filter Pack 88-feet Filter Pack Material #3 sand H. Depth to top of Seal 85-feet Seal Material Bentonite chips I. Depth to Top of Fill Material 3-feet Annular Fill Material Bentonite grout J. Surface Seal Dimensions Radial or Square or Other Surface Seal Material 3' x 3' radial Concrete K. Type and Size of Protective Casing: Morrison 12" Notes: Prepared by: Sean Roy Date: 1/12/2010 Reviewed by: Robert Q. Gutzler PG 5571 Date: 1/12/2010 F:\Projects\2071500-550\01207504 (Estate of Agnes Barber)1SSC3 -Additional Site Assessment 20091PermittinglProposed SB16-MW6 Well Completion.xls G20-2 PALM AVE W20-1 f w l• W20-1 150 G20-2 1 R9-3a 1T . R3-2 MIN. R3-2 C30(CA) 250' W20-1 R9-3a 1 G20-2 4 — 1.4 W20-1 Z PROPOSED MONITORING WELLS F G20-2 PALM AVE TYPICAL CONSTRUCTION SIGNS W20-1 C30(CA) R3-2 R9-3a END ROAD WORK G20-2 LEGEND CONE • SIGN 1• WORK AREA l� 4 TRAFFIC DIRECTION 1 FLASHING ARROW SIGN ® SIGNALIZED INTERSECTION O FLAGGER BARRICADE I TEMPORARY NO PARKING --NP— CONE SPACING: POSTED SPEED UNIT: 25 mph TAPER LENGTH: SIGN SPACING: 150/250' 25 0 ALL PUNS MUST BE CHECKED AND APPROVED BY THE GOVERNMENTAL AGENCY. OR AGENCIES, HAVING JIJWSDICTION OVER THE ROADWAYS SHOWN ON THIS PLAN PRIOR TO THE PLAN BEING PUT INTO EFFECT. ALL PLANS ARE INTENDED TO CONFORM TD THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES TIE • CUSTOMER/CONTRACTOR IS RESPONSIBLE FOR ASCERTAINING ADDITIONAL AGENCY REQUIREMENTS FOR WORK HOURS 0, $ ALLOWED. NOISE ABATEMENT. MID OTHER RULES AND REGULATIONS. 0 0 O. nap11E TEMPORARY TRAFFIThtenC CONANTROLSoR ORMUST BE INSTALLED PER THE AGENCY APPROVED PLAN TO BE EFFECTIVE ST BE AUTHORED IN SPITING • THE GOVERNMENTALAGENCY. OR AGENCIES, ES, HAVING UJURISDICTION OVER THE ROADWAY. A REPRESENTATIVE OF PLAN IMPLEMENTATION AND DENCE PLACEMENT SHOULD BE PERFORMED BY EXPERENCED/IRAINED PERSONNEL TEMPORARY TRAFFIC CONTROLS MUST BE MCNI1ORED AND MAINTAINED BY THE CUSTOMER CONTRACTOR TO REMAIN P EFFECTIVE. MONITORING AND MAINTENANCE FREQUENCY IS DICTATED BY FIELD CONDITIONS. BUT NOT LESS THAN 0 • DAILY. HUDSON SAFE•MJTE HAS NO CONTROL OVER, OR RESPCNSIBIUTY FOR. TRAFFIC CONTROL PLAN IMPLEMENTATION 0 I AND INSPECTIONS PERFORMED BY OTHERS. USERS AGREE TO INDEMNIFY HUDSON SAFEETELLTE FOR CLAIMS MADE M REGARDING FAILURE TO INSTALL. MAINTAIN OR REMOVE CONTROLS PER APPROVED TRAFFIC CONTRITE_ PLANS. 1 TRAFFIC CONTROL PLAN PLAN APPROVED BY: PLANNER: DRAWN BY: Gary Evans Cell: 619-520-9278 HUDSON SAFE-T-LITE RENTALS 777 GABLE WAY EL CAJON, CA 92020 Office: 619-441-3644 DATE DRAWN: 12/18/09 SCALE: NO SCALE DRAWING NUMBER: SHEET: OF RESOLUTION NO. 2010 — 49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT AGREEMENT WITH THE ESTATE OF AGNES BARBER FOR INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT 340 PALM AVENUE ALONG THE CENTERLINE OF PALM AVENUE NORTH OF EAST 4TH STREET WHEREAS, the Estate of Agnes Barber, the owner of the property located at 340 Palm Avenue, is seeking an encroachment agreement to install two groundwater monitoring wells within the public right-of-way on Palm Avenue north of East 4th Street, in order to monitor the potential presence of total recoverable hydrocarbons and minimize the impact on soil and groundwater; and WHEREAS, a Faithful Performance Bond in the amount of $2,000 has been posted with the City as security for prompt completion of well drilling, installation, removal, abandonment, and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well adjustments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Agreement with Estate of Agnes Barber for the installation of two groundwater monitoring wells at 340 Palm Avenue in order to monitor the potential presence of total recoverable hydrocarbons. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of 'I, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on April 6, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California o City Clerk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-49 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT qo3-‘A-4 MEETING DATE: April 6, 2010 AGENDA ITEM NO. 9 •ITEM TITLE: Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with the Estate of Agnes Barber for the installation of 2 groundwater monitoring wells at 340 Palm Avenue along the centerline of Palm Avenue north of E. 4th Street PREPARED BY: Charles Nissley j; t PHONE: 336-4396 EXPLANATION: See attached explanation. • DEPARTMENT: Development Services APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the ; ►tion. BOARD N/A ION RCOMMENDATION:•N ATTACHMENTS: Resolution 11112. Encroachment Agreement e. s a�v-C‘o0 two.. ao‘0-4,1 Esther Clemente Subject: Due Date: Contract: Follow Up Agnes Barber Encroachment Agreement with Mr. Dalla Monday, September 13, 2010 Status: Not Started Percent Complete: 0% Total Work: Actual Work: 0 hours 0 hours Owner: Esther Clemente Resolution No. 2010-49 Adopted April 6, 2010 ENCROACHMENT AGREEMENT WITH THE ESTATE OF AGNES BARBER FOR INSTALLATION OF TWO GROUNDWATER MONITORING WELLSAT 340 PALM AVENUE ALONG THE CENTERLINE OF PALM AVENUE NORTH OF EAST 4TH STREET • 04-13-10 - Mr. Dalla to check with the City Attorney if owner or City will record docs / Mr. Dalla have original docs • 04-14-10 - Per Claudia, owner has to record docs • 04-14-10 - Memo sent to Maryam Babaki to have owner record docs / 1 original set of docs returned to Judy • 05-10-10 - Charles consulted with George re missing City signature page; working with property owner to record docs • 06-30-10 - Sent an e-mail to Charles to follow up on status • 07-01-10 - No response was received from Charles • 07-06-10 - Charles finally processed the City signature page; will mail original docs to property owner for recording • 08-09-10 - Received copy of recorded documents; waiting for original copy • 08-26-10 - Received original recorded documents 1