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04-0408_HAMILTON ELKINS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT IS AGREEMENT is made and entered into this '1day of 2004, by and between the City of San Juan Capistrano (hereinafter reqrred to a ss the "City") and Hamilton Elkins, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide a Public Works Inspector; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later April 2, 2005. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Fourteen Thousand dollars ($14,000), as set forth in Exhibit "A," attached and incorporated herein by reference. SD 0 0 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services, which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. 2 Section 6. Changes to Scope of Work. 0 In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support 3 9 9 documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; 4 0 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 5 0 0 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: Hamilton Elkins, Inc. 8711 EI Manor Avenue Los Angeles, CA 90045 Attn: Brian L. Elkins Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 9 Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 7 0 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: David F. Adams, City Manager CONSULTANT By. • • ATTEST: R. Monahan, City Clerk APPROVED AS TO FORM: John R. Slhaw, City Attorney W:\ENG\MSTRFRM\AGMT\PERSONALSERVICESAGREEMENT HAMILTON&ELKINS.DOC 0 HAMILTON 0 ELKINS CONSULTING ENGINEERS February 10, 2004 City of San Juan Capistrano 32400 Paseo Adelanto San Juan, Capistrano 92675 871 1 EL MANOR AVENUE • Los ANGELES, CA 90045 P 310.429.0900 F 310.910.4506 Attention: Mr. Eric Joseph, Water Operation Manager Subject: On -Call Construction Inspection Services Dear Mr. Joseph: COMPANY INFORMATION Proposal No. PO4-1004 For your information, Hamilton Elkins, Inc. is an engineering consulting firm recently founded by Mr. David Hamilton, P.E. and Mr. Brian Elkins, both formerly of Associated Soils Engineering, Inc. (ASE). Mr. Mathew Steele, Assistant Construction Inspector, is also employed by our firm and will perform the services mentioned in the preceding proposal under our supervision and professional review. The engineering team previously proposed under ASE letterhead consisted entirely of Mr. Elkins and Mr. Steele, therefore project integrity, scope, and services will remain the same. Hamilton Elkins, Inc. will provide exemplary services. Our company will be 1) sensitive and responsive to directions from The City of San Juan Capistrano's Project Engineer, 2) honest, forthright, and clear in billing and invoicing to The City of San Juan Capistrano, and 3) dependable with respect to the execution of all project tasks. In accordance with your request, Hamilton Elkins, Inc. is pleased to submit this proposal of costs to provide a public works inspector/project manager to work with the City of San Juan Capistrano on various projects as directed. EXHIBIT "A" PROJECT DESCRIPTION To provide a public works inspector/project manager to work with the City of San Juan Capistrano on various projects as directed. SCOPE OF WORK We understand that the scope of services is to provide a Public Works Inspector/Project Manager responsible for all final inspection at a rate of $82.50 per hour. At a minimum, our Public Works Inspector/Project Manager will be on-site on an as -needed basis and when not necessary an assistant Inspector will be provided at a reduced rate of $70.00 per hour, to record all construction activities and to be available to the contractor at all times during the course of the project. The Project inspector's assistant will perform field compaction testing services as needed and perform sampling of materials for laboratory testing as required during construction. If necessary, Hamilton Elkins, Inc. will provide testing services for soil subgrade, base material, concrete and asphalt paving. SCHEDULE Hamilton Elkins, Inc. will commence our services, immediately, with your authorization to proceed. If the proposal fees, terms, and conditions meet with your approval, please issue a written contract referencing this proposal. We look forward to providing professional services to you on your current Public Works project and any forthcoming Public Works Projects. If you have any questions or require additional information, please contact the undersigned. Respectfully submitted HAMILTON ELKINS, INC. .1--) /�_ialn LElkins DCavidstruction Manager Principal Engineer Distribution: Ms. Amy Amirani, Director Mr. Craig Harris, Assistant Engineer % S I(DS SFCQNO R� CITY CLERK'S DEPARTMENT - ACTION REMINDER Qvi TO: Craig Harris, Assistant Engineer FROM: Mitzi Ortiz, Deputy City Clerk DATE: March 1, 2005 SITUATION: On April 8, 2004, the City of San Juan Capistrano entered into a Personal Services Agreement with Hamilton Elkins, Inc. to provide a Public Works Inspector. ACTION REQUESTED: Said Agreement states services shall be completed by April 2, 2005. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: d DATE SIGNED: _l__[ C J /!J 6 Tickler Date: 03/01/05 Deadline Date: 04/02/05 cc: Department Head (600.30/hamilton elkins) "'FOR CITY CLERK'S DEPARTMENT USE ONLY"' APR 1 5 2CCb PUBLIC'+f ` S JAN -26-2005 P.01 02:16 PM David Hamilton Pax] 949.493.3955 Posen 2, Including cover 390 AHAPCLA AV[Nu[ 'JSILTG 9, TORHANni, CA 90501 P 31 0.61 0.21 90 F 3 1 0.6 1 B.2 191 HAMILTON & Associates D To: Mr. Craig Hams Prom: David Hamilton Pax] 949.493.3955 Posen 2, Including cover Phone Dela 1/26/05 Re] Insurance Cert CC] ❑ Urgent ❑ Per Revlew ❑ Please Comment ❑ Pleaee Reply ❑ Please Recycle Comments., Craig, Here is an updated copy of our Insurance. Thanks, Dave JAN -26-2005 02:16 PM - P.02 ,lar? 28 05 11143a ve Dwight STRTEFRRM 5876680 p,2 Is CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Della%, Texas Insunrs the following Policyholder for the coverages Indicated below: Policyholder Hamilton L Aasoeiateo, Inc. Address of policyholder 390 Amapola Ave Suits 9 Torrance, Ch 90501 Location of operations Description of operations The policies listed below have been issued to the policyholder for the policy periods shown. The Inaurance described In these Policies ie subject 10 all the teens exclusions, and conditions of those policies. The limits of Ilabllity shown may have been reduced by any paid claims. AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described poiclet are canceled before Rs expiration date, State Fenn will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fall to mail such notice, no obligation or liability will be Imposed on State CITY OF SAN JOAN CAPISTRANO Farm or its agents or representatives. ATTN, CRA10 HARRIS 32400 PA$EO ADELANTO SAN JUAN CAPISTRANO, CA 92675 95"044,4 11.124002 Prexea h U.S.A. Signature of Authorized Representative Aa00T 01/26/05 Tlae Data Agenrx Cede Stamp AFO Code ?411 POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Dab expiration Dab (at beginning of policy period) Comprehensive BODILY INJURY AND 92-XY-2410.5 G _.. ..-........- _ Business UabllltY os/1o/2004 j 05/07/2005 ........-.. _.... PROPERTY DAMAGE Thte Insurance in 06111% ... ................. ® Products - Completed Operations ® Contractual Liability ❑ Underground Hazard Coverage Each Occurrence S 2, 000, DDO ❑ Personal In(ury ❑ Advertising In)ury General Aggregate S 4,000,000 Q Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products- Completed S 4 , 000, 000 ❑ MEDICAL PAYMENTS Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date Explirsdan Dab (Combined Simple Limit) 4E PS 0000033750 ® Umbrella Each Occurrence $ 1, 000, 000 IM other 02/01/02 07/01/06 Aggregate $2,000,000 Part t STATUTORY Pan 2 BODILY INJURY 92 Xy 47484 F Workers Compensation 01/29/05 01/79/06 and Employer% Liability Each Accident $ ACT Lose SUET Disease - Each Employee$ Disease - Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date EiMirall1w Data (at beginning of policy period) 103 5414 -All -75 Commercial Auto 01/11/2005 07/11/7005 1.000,000 Single Limit LSab 104 2563-725-75 Emp Non owned 12/25/2004 06/25/2005 1,000,000 Single Limit Liab 117 5451-726-75 Commercial AUto 17/76/2005 06/29/7005 1,000,000 Single Limit Limb THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described poiclet are canceled before Rs expiration date, State Fenn will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fall to mail such notice, no obligation or liability will be Imposed on State CITY OF SAN JOAN CAPISTRANO Farm or its agents or representatives. ATTN, CRA10 HARRIS 32400 PA$EO ADELANTO SAN JUAN CAPISTRANO, CA 92675 95"044,4 11.124002 Prexea h U.S.A. Signature of Authorized Representative Aa00T 01/26/05 Tlae Data Agenrx Cede Stamp AFO Code ?411 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www. sanjuancapistrano. 0 f January 14, 2005 Hamilton Elkins, Inc. 8711 EI Manor Avenue Los Angeles, CA 90045 ps MEMBERS OF THE CITY COUNCIL RE: Compliance with Insurance Requirements — Public works inspector The following insurance document is due to expire: ✓ Professional Liability Certificate 2/1/2005 SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32499 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expjrMion date.,lf tqu have any questions, please contact me at (949) 443-6309. .o cc: Michelle Perea, Administrative Assistant San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493,1171 (949) 4931053 FAX www.sanjuancapistrano.org January 6, 2005 Hamilton Elkins, Inc. 8711 EI Manor Avenue Los Angeles, CA 90045 0 RE: Compliance with Insurance Requirements — Public works inspector The following insurance document is due to expire: ✓ Workers Compensation Certificate 1/29/2005 i OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk'§ office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiion date. Ifou have any questions, please contact me at (949) 443-6309. Adminisjfative Secretary cc: Michelle Perea, Administrative Assistant San Juan Capistrano: Preserving the Past to Enhance the Future ' Mar, 05 04 02:35p St•e Dwight STRTEFRRM 5676680 p.1 CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder HAMILTON ELKINS, INC. Address of policyholder 8711 EL MANOR AVE, LOS ANGELES, CA 90045-3706 Location of operations Description of operations The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before ADDITIONAL INSURED: Its expiration date, State Farm will try to mail a clTz of SAN JUAN CAPISTRANO written notice to the certificate holder 10 days before ATTN: MR. CRAIG HARRIS Cancellation. If however, WB fail to mall such notice, 32400 PASEO ADELANTO no ob" r liability will be imposed on State SAN JUAN CAPISTRANO, ca 92675 F r i or itsa s or�epr sentatives�— � 7 Agent's AFO Code 8230 568-M s.3 04-19ea Prktad in USA POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) 92 -W4 -0706-2q Comprehensive 1 05/10/2004 05/02/2005 BODILY INJURY AND ... Business Liability .. .............. -------------'--------- PROPERTY DAMAGE .......................... This insurance includes: ® Products - Completed Operations ® Contractual Liability - ❑ Underground Hazard Coverage Each Occurrence s 2,000,000.00 ❑ Personal Injury ❑ Advertising Injury General Aggregate $ 4, 000, 000.00 ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products - Completed $ ❑ Operations Aggregate POLICY PERIOD- - BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) 4E PS 0000033750 Umbrella Each Occurrence $ 1, 000, 000.00 ® Other PROF. LIAS. 02/01/04 02/01/05 Aggregate $2,000,000-00 Part 1 STATUTORY Part 2 BODILY INJURY 92 XY47484F Workers'COmpensation 01/29/04 01/29/05 and Employers Liability Each Accident $ ACT LOSS SUST Disease Each Employee $ Disease - Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) 089 5090 D17 75A COMMERCIAL AUTO 01/26/2004 06/26/2004 51,000,000.00 SINGLE LIMIT THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before ADDITIONAL INSURED: Its expiration date, State Farm will try to mail a clTz of SAN JUAN CAPISTRANO written notice to the certificate holder 10 days before ATTN: MR. CRAIG HARRIS Cancellation. If however, WB fail to mall such notice, 32400 PASEO ADELANTO no ob" r liability will be imposed on State SAN JUAN CAPISTRANO, ca 92675 F r i or itsa s or�epr sentatives�— � 7 Agent's AFO Code 8230 568-M s.3 04-19ea Prktad in USA Mar 05 04 02:35p SWe Dwight STRTEFRRM 56OP76GBQ CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder Address of policyholder Location Of operations Description of operations HAMILTON ELKINS, INC. 6711 EL MANOR AVE, LOS ANGELES, CA 90045-3706 P.1 The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims, THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before ADDITIONAL INSURED: its expiration date, State Farm will try to mail a CITY OF SAN JUAN CAPISTAANO written notice to the certificate holder 10 days before CITY: MR. CRAIG HARRIS cancellation. If however, we fail to mail such notice, 32400 MR.PASC AIG HARRIS ANTO too r liability will be imposed on State SAN JUAN CAPISTRANO, Ca 92675 r Osage s or repr entatives. epreaentWA GENT 3/5/2004 Title Date Agent's Code Stamp AFO C8O 558494 a.3 04-ING Printed in USA. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) 92 -W4 -0706-2g Comprehensive 05/10/2004 05/02/2005 BODILY INJURY AND Business Liability _ _ _ ----------------'- PROPERTY DAMAGE ----"-"'--...-'-' ..........................'-"•'---- This insurance includes: ® Products -Co m pl eted Operations ® Contractual Liability ❑ Underground Hazard Coverage Each Occurrence s 2, 000, 000.00 ❑ Personal Injury ❑ Advertising Injury General Aggregate E 4, 000, 000.00 ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products - Completed s ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date ; Expiration Date (Combined Single Limit) 4E Ps 0000033750 ® Umbrella Each Occurrence s 1, 000, 000.00 ® Other PROF. LIAR. 02/01/04 02/01/05 Aggregate S 2, OD 0, 000. 00 Part 1 STATUTORY Part 2 BODILY INJURY 92 XY47484F Workers' Compensation 01/29/04 01/29/05 and Employers Liability Each Accident $ ACT LOSS SUST Disease Each Employee $ Disease - Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) 069 5090 D17 75A COMMERCIAL AUTO 01/26/2004 06/26/2004 51,000,000.00 SINGLE LIMIT THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before ADDITIONAL INSURED: its expiration date, State Farm will try to mail a CITY OF SAN JUAN CAPISTAANO written notice to the certificate holder 10 days before CITY: MR. CRAIG HARRIS cancellation. If however, we fail to mail such notice, 32400 MR.PASC AIG HARRIS ANTO too r liability will be imposed on State SAN JUAN CAPISTRANO, Ca 92675 r Osage s or repr entatives. epreaentWA GENT 3/5/2004 Title Date Agent's Code Stamp AFO C8O 558494 a.3 04-ING Printed in USA. STi TE FARM �\Y INSURANCE State Farm Specialty Products CERTIFICATE OF INSURANCE ISSUE DATE: April 27, 2004 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF STEVEN H DWIGHT INFORMATION ONLY AND CONFERS NO RIGHTS UPON STEVEN H DWIGHT STATE FARM AGENCY THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 4625 E ANAHEIM STREET NOT AMEND, EXTEND OR ALTER THE COVERAGE LONG BEACH, CA 90804-3122 AFFORDED BY THE POLICIES BELOW. INSURER AFFORDING COVERAGE Producer Code #: 758230 STATE FARM FIRE AND CASUALTY COMPANY Insured BLOOMINGTON, IL HAMILTON ELKINS, INC 8711 EL MANOR AVENUE LOS ANGELES, CA 90045 COVERAGES THIS IS TO CERTIFY THAT 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 POLICY(IES) DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE PS 0000000337500 January 29, 2004 January 29, 2005 TYPE OF INSURANCE LIMIT OF LIABILITY ARCHITECTS & ENGINEERS PROFESSIONAL LIAB $1, 000, 000. o0 Limit of Liability Each Claim $1, 000, 000. o 0 Total Limit of Liability CERTIFICATE HOLDER CANCELLATION CITY OF SAN JUAN CAPISTRANO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE ATTN: MR. CRAIG HARRIS CANCELLED BEFORE THE EXPIRATION DATE THEREOF, 32400 PASEO ADELANTO THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 SAN JUAN CAPISTRANO, CA 92675 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN UPON THE INSURER, ITS AGENTS OR REPRESENT IV S. AUTPORIZED REPRES ATIVE CERT(Rev4) (01/01) May 05 04 07:25a SteDwight STRTEFARM 5625680 P.2 aa0s COIWRCIAL FAd ®001 SH POIICy NO. 92-W -0706-2 EFFECTIVE APRIL 13 2004 FE0493 (S9r) ADDITIONAL INSURED ENDORSEMENT Controlling Interest Polity No.: 92-144-0706-2 NamedInsured: HAM::LTON RLRINS INC Name of Person or Or)anization: CITY OF SAN JUAN CAPISTEANO C/O CRATO HARRIS 32400 PASEO ADELANTO SAN MOAN CAPISTRANO CA 92675 WHO IS AN INSLRED, under SECTION II DESIGNATION OF INSURED, is amended to inClude as an insured the p(rson Or organization shown above, but only with res 7eot to their liability arising out of 1. their financial cont of of you; or 2. Premises they awn, maintain or control while you lease or occupy those premises. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that person or organization. FENOs (5191) PMtEdln U.S.A • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAX www.sanjuancapistrano.org May 5, 2004 Brian L. Elkins Hamilton Elkins, Inc. 8711 EI Manor Avenue Los Angeles, CA 90045 Dear Sir or Madam: i (r'�yj IAUAPIIIiFI EST AILISHED I I96I 1776 MEMBERS OF THE CRY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN An original, executed Personal Services Agreement related to providing a Public Works Inspector is enclosed for your records. Thank you for maintaining your insurance documentation current with our office. Please keep in mind it must remain current, or all work under this agreement must stop and all payments for services rendered will be withheld, until these documents are brought current. You may proceed with work under this agreement in coordination with the Project Manager, Craig Harris, Assistant Engineer (949) 487-4305. Thank you, Nan. CMC cc: —Craig Harris, Assistant Engineer Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future C 32400 PASEO ADEI—ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX ww tsanjuancapistrano.oi April 8, 2004 Brian L. Elkins Hamilton Elkins, Inc. 8711 EI Manor Avenue Los Angeles, CA 90045 Dear Sir or Madam: J`m(0 RvoR RTE � 1776 Is1961 i 1776 " MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHOATE WYATT HART JOE SOTO DAVID M. SWERDLIN A Personal Services Agreement related to providing a Public Works Inspector is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Specifically, we have not received the required additional insured endorsement to your general liability and umbrella liability policies — which is to name the City of San Juan Capistrano as Additional Insured. This must be a separate endorsement form. I have enclosed a copy of this requirement. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Craig Harris, Assistant Engineer (949) 487-4305. Please call Maria Guevara, Secretary, (949) 443-6310 if you have questions regarding the forms of insurance needed. Thank you, v _ Me ona an, CMC Cit Clerk cc: Craig Harris, Assistant Engineer Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the Clerk of the Board's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. • Maria Guevara From: Craig Harris Sent: Thursday, April 08, 2004 12:21 PM E� To: Maria Guevara Subject: RE: Insurance �(Ple `�u�B+Se�,ewf Hi Maria, _ The agent said they will fax this back today. �lie Craig L. Harris k(�Cf4 L p -----Original Message----- From: Maria Guevara _ IU Sent: Thursday, April 08, 2004 11:39 AM To: Craig Harris Subject: Insurance Hi Craig, For the new agreement with Hamilton Elkins, Inc. we need the endorsement form naming the City as an additional insured and their professional liability. Maria Guevara, Secretary City of San Juan Capistrano City Clerk Division V IA (949) 443-6309 10U V"`� wt`(' Uw "�e UV