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04-0324_JONES & STOKES ASSOCIATES_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this LL4 day of March, 2004, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and JONES & STOKES ASSOCIATES (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to prepare a Routine Jurisdictional Waters and Wetlands Delineation and Stream Permitting forthe Belladonna Estates (Tract 16146) located in the City of San Juan Capistrano; 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 than September 30, 2004. Section 3. Compensation. 3.1 Amount. Total compensation forthe scope of services for this Project shall not exceed seven -thousand eight hundred fifty dollars and no cents ($7,850.00), as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed for services as set forth in Table 1 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 jonesstokesAGREEMENT.wpd f of 7 3/19/04 PDF created with FinePrint pdfFactory trial version hftp://www.fineprint.com KJ 0 0 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. Section 6. Changes to Scope of Work. 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. jonesstokesAGREEMENT.wpd 2 of 7 3/19/04 PDF created with FinePrint pdfFactory trial version http://www.fineprint.com i C 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 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 jonesstokesAGREEMENT.wpd 3 of 7 3119104 PDF created with FinePrint pdfFactory trial version httD://www.fineprint.com 0 0 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 ordamages 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 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; $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 jonesstokesAGREEMENT.wpd 4 of 7 3/19/04 PDF created with FinePrint pdfFactory trial version htto://www.fineorint.com 0 0 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's City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughoutthe 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 City Clerk'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 canceled, 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. 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. jonesstokesAGREEMENT.wpd 5 of 7 3/19/04 PDF created with FinePrint pdfFactory trial version htto://www.fineprint.com 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: Director of Administrative Services To Consultant: Jones & Stokes Associates 27403 Ynez Road, Suite 208 Temecula, CA 92591 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. 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"). jonesstokesAGREEMENT.wpd 6 of 7 3/19/04 PDF created with FinePrint pdfFactory trial version httD://www.fineorint.com 0 0 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: _ tJ� John R. S aw, City Attorney CITY OF SAN JUAN CAPISTRANO By: a CkA& --- David F. Adams, City Manager JONES & STOKES ASSOCIATES C nsultant Pavia Pre!d�. A.C-P ?trivncil),l jonesstokesAGREEMENT.wpd 7 of 7 PDF created with FinePrint pdfFactory trial version http://www.fineprint.com 3/19/04 0 Onkl Jones & Stokes March 16, 2004 City of San Juan Capistrano Planning Services Department Attn: John H. Douglas, AICP 32400 Paseo Adelanto San Juan Capistrano, CA 92675 0 Phone: 949.493.1171 Fax: 949.493.1053 SUBJECT: Proposal to Provide a Routine Jurisdictional Waters and Wetlands Delineation and Stream Permitting for the Belladonna Estates (Tract 16146), City of San Juan Capistrano, California. Dear Mr. Douglas: Thank you for inviting Jones & Stokes to provide this proposal to perform consulting services for the City of San Juan Capistrano. This proposal includes a brief introduction to our firm, qualifications of key personnel, a proposed scope of work, schedule, and cost estimate. The scope of work presented will provide the necessary effort to submit 404, 401, and 1600 permit applications. Jones & Stokes' Qualifications Jones & Stokes is a premier environmental planning consulting firm that was founded in 1970 to assist our clients in compliance with the complex web of planning and environmental regulations. We maintain a multi -disciplinary staff of over 350 professionals with expertise in a wide range of environmental planning, natural resources management, and regulatory permitting disciplines, including: ■ Environmental Impact Assessment ■ Land Development Planning ■ Endangered Species Act ■ Recreation and Open Space Planning ■ Conservation Planning ■ Public Involvement and Facilitation ■ Wildlife and Habitat Management ■ Cultural Resources (Historic and Archaeology) ■ Botanical Surveys and Inventories ■ Air Quality and Noise Assessments ■ Revegetation and Restoration ■ Aesthetic and Visual Analyses ■ Wetland Ecology and Permitting ■ GIS/CAD/Database Applications Pn00.04.CityS&gr Capialmno.PemittinglWE_ve2..do EXHIBIT A 0 0 Mr. Douglas March 16, 2004 Page 2 Jones & Stokes enjoys a reputation for producing high-quality documents in a consistent and cost-effective manner. We are also known for our ability to create and adhere to work plans, schedules, budgets, and deadlines that meet and exceed our clients' needs. We have completed more than 5,000 environmental reports throughout the western United States for a variety of clients, including numerous local, state, and federal government agencies, private developers, and special districts throughout California. Key Personnel The following personnel will be used to complete the scope of services at a comprehensive and high quality level. Our team leader for this project will be Kurt F. Campbell who has performed and processed numerous jurisdictional water and wetlands delineation reports and stream permitting consultation. Kurt F. Campbell. Over 30 years of experience as an extremely active field and conservation biologist with extensive and integrated knowledge of animals, plants, ecology, and conservation biology. He has an extensive knowledge of environmental regulations, including CEQA, NEPA, ESA, and CESA, pertaining to natural resources, and state and federal wetland regulations. He is an experienced wetland delineator. Kurt has several peer-reviewed, scientific publications in print relevant to California conservation biology. Kurt has done extensive biological field investigations, including baseline evaluations for new multi -species reserves and mitigation sites, site management needs, and opportunities analyses. He has conducted Special Status species studies, including focused surveys and habitat evaluations. Kurt's role will be to manage all aspects of the project, perform the delineation, and closely oversee the reporting of results and permit submittals. Tricia A. Campbell. Over 12 years of experience as an active wildlife field biologist, specializing in ornithology and southern California sensitive species. She has a strong knowledge of environmental resource regulations, ecology, and conservation biology issues. Experience conducting field investigations and reporting for comprehensive biological monitoring studies and biological reporting for EIR/EIS documents including detailed impact analyses and wetland delineation. Knowledge and experience with southern California flora and fauna of coastal wetlands, freshwater marshes, riparian, sage scrub, and chaparral communities, including general biological resources assessments, vegetation mapping and oak tree inventories. Permitted and/or experienced to conduct focused surveys for Southwestern Willow Flycatcher, Least Bell's Vireo, Coastal California Gnatcatcher, and Burrowing Owl, and habitat evaluations for other special status species including amphibians, reptiles, and mammals. PI100.04.CitySaWl Capist=o.Pe iU4JWE_2.dm 0 0 Mr. Douglas March 16, 2004 Page 3 Brooke Fraschetti. Brooke is responsible for permitting and regulatory compliance, including Section 10 of the Rivers and Harbors Act; Sections 404 of the Clean Water Act; water quality certifications for Section 401 of the Clean Water Act and California Department of Fish and Game streambed alteration agreements; and National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) project coordination. She assists project managers in developing strategies and implementing plans for meeting permitting requirements, including completion of NEPA and CEQA documentation for large water projects. Brooke's experience includes projects that require compliance with Sections 404 and 401 of the Clean Water Act, Section 106 of the National Historic Preservation Act (NHPA), Sections 7 and 10 of the Endangered Species Act (ESA), and Section 1600 of the California Fish and Game Code. Brooke's responsibilities also include coordination of multidisciplinary projects, technical coordination of environmental compliance documents, and permitting. She coordinated graphics and prepared technical tables and technical appendices for Wetlands, Streams, and Other Waters: Regulation Conservation and Mitigation Planning (Solan Press 2003). Scope of Work The City is currently reviewing an application for Tentative Tract Map 16146 (Exhibit 1) and conducting an Initial Study under CEQA. The subject property borders an unimproved City drainage easement along its northeasterly property line, which experiences intermittent flows. The City is also considering improving the drainage easement by installing a storm drain to convey runoff to the existing drainage system located within Del Obispo Street. The purposes of the delineation study are as follows: 1) Determine whether development of the proposed subdivision would affect any areas subject to Resource Agency jurisdiction, and if so, the location, characterization and extent of those jurisdictional areas (the project as currently designed includes grading of the entire site); 2) Determine whether any jurisdictional areas exist within the City's storm drain easement, and if so, their location, characterization and extent." Jones & Stokes also understands you are interested in having complete permit package submittals for 404, 401, and 1600 permitting for this project. The proposed project is less than 10 acres and is located on page 972 of the current Thomas Bros. Guide for Orange County and lies in the City of San Juan Capistrano, California. The tasks to be included within this scope of work are described below and include the entire site. Puoo.04.Cirysanlh Capia ..Pe ittingJWE_2.d« P Mr. Douglas March 16, 2004 Page 4 Task 1: Delineation of Jurisdictional Waters and Wetlands 0 A delineation of federally jurisdictional waters and wetlands, and state jurisdictional streambeds, will be conducted by a Kurt F. Campbell, a qualified delineator. The work for this task will address the entire site as described above. Federal jurisdiction will be determined based on the 1987 manual for this purpose from the Corps of Engineers along with supporting information which may include soils surveys, wetland plant lists, regulatory guidance letters from the Corps of Engineers, and other clarifying documents. Although not anticipated, if indicators of problem areas or atypical situations are found to be present, a contract amendment may be necessary to address this additional level of complexity. State jurisdiction will be determined based on a combination of the federal jurisdiction determination, the California Fish and Game Code, current guidelines on Streambed Alteration Agreements, and standard practice by Department of Fish and Game personnel. The work will be at an routine (rather than comprehensive) level of detail, that is, point sampling and standard criteria (hydrology, soils, and vegetation) will be used to identify, map and calculate total area for federal and state jurisdiction, but no laboratory testing of soils or water, no hydrological or hydrogeomorphic analysis or modeling, and no extensive records searching, will be provided. Mapping will be performed at a scale of 1 inch equals 200 feet (1:2400) or better, with a minimum mapping unit of no more than 0.05 acres, and will reflect the delineated boundaries of any jurisdictional waters and wetlands present. Photographs representative of relevant site conditions will be taken. Task 2: Standard -format Report for Delineation of Jurisdictional Waters and Wetlands The standard -format report will provide the following information: introduction; methods and criteria for both state and federal jurisdiction; regulatory background; a general discussion of site conditions (abiotic and biotic) focused to potential functions and values of waters and wetlands on the site landscape; discussion of observed indicators of for hydrology, plants and soils; discussions of atypical conditions, problem areas, and isolated waters as relevant; results regarding the location and extent of state and federal jurisdiction (including special aquatic features such as wetlands) in text and tabular format; conclusions; basic guidance and recommendations for permitting and mitigation options (as needed and given a clear project description), and a list of all cited references. Representative photographs illustrating site conditions will be provided, as well as site vicinity map and a delineation map showing the location of any jurisdictional areas. Field data from the site work will be provided as an appendix. Work under this task also includes compilation and checking of field data, conversion of data to tabular format, and research on any special field or regulatory issues, for example, unusual conditions of hydrology, soils, or vegetation, atypical situations, and problem areas. PI100.04.CitySmOu Capist=o.Pe iaingJWE_2.d. 0 Mr. Douglas March 16, 2004 Page 5 0 Please note that final determination of jurisdiction is generally at the discretion of permitting agency personnel, though they rarely perform a detailed review of an existing delineation or perform their own. This task and the Cost Estimate include budget sufficient for one thorough revision to the draft (initial) report. We request that revisions be requested by the client within 90 days of the date of the draft report. Task 3: Delineation Graphics and Report Production This task will generally include an array of sub -tasks including some combination of the following (as appropriate): (1) initial graphic design including scanning, copying, physical mark-up, format conversion and manipulation; (4) graphic digital file composition and editing; (5) rendering, proofing and production of graphics; and (6) deliverable production and provisioning including proofing, faxing, printing, media preparation, copying, collating, binding, and delivery. Under this task we will produce up to two copies of draft deliverables for your review. We will produce up to 10 copies of final deliverables (graphics as rendered). Task 4: Stream Permitting Submittal Given uncertainties with the level of effort required to complete the regulatory processes entailed in the requested services, we are proposing a time and materials budget that will be sufficient to initiate the permitting processes (i.e., through permit application submittals). Once applications have been received by the agencies we can evaluate additional effort required to finalize permits if the City so desires. The reason for this is that the level of effort needed to acquire the final permits relies on a negotiation process between the City and three agencies (ACOE, RWQCB, CDFG) regarding compensation and mitigation of impacts. The time frame and level of effort to move through this process relies on perspective and budget. Based on preliminary results of our site visit, the proposed project would require acquisition of an Individual Permit under Section 404 of the Clean Water Act given the anticipated extent of impact to jurisdictional waters. The project will also require a Water Quality Certification under Section 401 of the Clean Water Act and a Fish and Game Lake or Streambed Alteration Agreement (1600). The proposed work assumes that no formal consultation with USFWS is necessary. Work to be performed under this task will be ongoing, and may include, but is not limited to, any of the following tasks: completion and delivery of application materials, contacts and/or meetings with agency personnel and/or Client representatives, recommendations and guidance on permitting for the project as proposed. Based upon our current knowledge, the following specific tasks are contemplated: PII00.04.CitySanJu Capish o.Per ffngJWE_2.dm 0 0 Mr. Douglas March 16, 2004 Page 6 4.A. Field meeting with U.S. Army Corps of Engineers ("Corps") will be initiated to determine acceptance of jurisdictional waters and wetland findings (to be determined through wetland delineation proposed above).. 4.13. An application to U.S. Army Corps of Engineers for an Individual Permit will be prepared. This will require detailed alternatives analysis to demonstrate that there are no practicable alternatives to the proposed fill in of jurisdictional waters. 4.C. Preparation of application for California Department of Fish and Game Streambed Alteration Agreement. This application requires an application fee not to exceed $5000 which is separate from the fees quoted herein. 4.D. Preparation of application for Regional Water Quality Control Board 401 certification/waiver. This application requires an initial application fee of $500 which is separate from the fees quoted herein. The final fee is determined by the Regional Board. We will provide a full set of application submittals for review prior to submittal. Once the City has provided a review, two full copies of all final application submittals will be provided for to the City for their record. Task 5: Project/Application Coordination This task includes all work directly for the project but not listed under other tasks. It may include: (1) working directly with the client (e.g., ongoing coordination, communication, work scheduling); and (2) coordination with other project team members and agency personnel. We will remain in regular contact with the project team as needed, coordinating efforts and making sure that all needed information is passed from and through us to project management personnel to support informed decision-making. Work under this task typically includes a combination of telephone, fax, and e-mail communication. Necessary Materials and Information All of the materials and/or information listed below are considered necessary to perform the described scope of work. 1. Permission will be provided to access the property and if necessary the appropriate keys or other mechanisms to do so. 2. A current, accurate, and sufficiently detailed written project description and associated engineering plans which clarify the project design, timing and location, as well as the construction footprint location and exact boundaries. Both the delineation and permit work will P1100.04.CitySanJu CapLt=o.Prn AtmglWE_2.d" 0 Mr. Douglas March 16, 2004 Page 7 0 involve detailed quantitative analysis that will rely on an accurate project design. Modification to the proposed project once our work has begun may incur greater cost depending on the degree of change. 3. For the 4041b alternatives analysis we will need to be provided by the project engineer detailed costs for the proposed project and we will need to devise with the City and engineer several prudent alternatives to the proposed project that would impact a lower extent of jurisdictional waters. 4. Copies of all relevant prior environmental documents (other than those previously prepared by Jones & Stokes) including any general or specific plans which must be considered and any previously prepared biology reports for the site. This includes any document(s) to be reviewed. Schedule Once a contract has been established and the necessary materials have been provided the jurisdictional waters and wetlands delineation report can be drafted within 1 month and the permit applications can be submitted within a 4 to 5 month period. Cost Estimate Jones & Stokes proposes to conduct the scope of services identified in this proposal for a Total Cost Not to Exceed fee of $27,557. Please see the attached detailed cost estimate for costing approach. Our office has a great deal of experience with water resource consulting and can provide you with a product that is sound and complete. We thank you for the opportunity to propose on this work for you, and we hope that you will choose Jones & Stokes as your consultant for this effort. Should you have any questions, please feel free to contact me at (909) 506-4038. Sincerely, Kurt F. Campbell Senior Consulting Biologist kcampbell@jsanet.com PI100.04.CitySarJu Capisdano.PomittingJWE_2.do ! } k \ \ a ! / t 41 0(.0,7«2 } 2/7m;��o` ®7!!)!0 k $2( _w //}{ ! {f \ f ƒ { - [ _ k § !!» E `!! ; \r 2 | E/ E(| cn 7 E #£2k ae! 00 m {7 ƒ( } 41 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Lynnette Adolphson, Management Analyst II FROM: Mitzi Ortiz, Deputy City Clerk DATE: September 1, 2004 SITUATION: On March 24, 2004, the City of San Juan Capistrano entered into a Personal Services Agreement with Jones & Stokes Associates to prepare a Routine Jurisdictional Waters and Wetlands Delineation and Stream Permitting for the Belladonna Estates (Tract 16146). ACTION REQUESTED: Said Agreement states services shall be completed by September 30, 2004. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: /Odl k Alot gt-t Cfrn i d . tvxt k 6v .aix- ro IOAQ o�5- DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: 40/D/as SIGNATURE OF OFFICIAL TAKING ACTION:1/ DATE SIGNED: 9% Lo/- ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 09/01/04 Deadline Date: 09/30/04 cc: Department Head (600.301j'ones & stokes) IVA Mitzi Ortiz From: Maria Guevara Sent: Monday, January 10, 2005 9:58 AM To: Mitzi Ortiz Subject: FW: Updated non-pay/non-compliance lists fyi -----Original Message ----- From: Lynnette Adolphson Sent: Monday, January 10, 2005 8:56 AM To: Maria Guevara Subject: FW: Updated non-pay/non-compliance lists T Jones and Stokes study is d ne. There is no need for the insurance updates. Thanks. -----Original Message ----- From: Molly Bogh Sent: Monday, January 10, 2005 8:12 AM To: Lynnette Adolphson Subject: FW: Updated non-pay/non-compliance lists Lynnette—the Jones & Stokes study is completed and should be closed out. -- Molly -----Original Message ----- From: Maria Guevara Sent: Friday, January 07, 2005 3:28 PM To: Mitzi Ortiz; Dawn Schanderl; Diane Regier; Dottie Crawford; Douglas Dumhart; Joan Ross; Lynnette Adolphson; Meg Monahan; Michelle Perea Cc: Nasser Abbaszadeh; Al King; Amy Amirani; Bill Huber; Cindy Russell; Lt. Davis; Molly Bogh Subject: Updated non-pay/non-compliance lists Maria Guevara, Administrative Secretary City of San Juan Capistrano City Clerk Division (949) 443-6309 NON -PAY LIST.doc NON-COMPLIANCN (54 KB) CE LIST.doc (44 ... Maria Guevara, Administrative Secretary City of San Juan Capistrano City Clerk Division (949) 443-6309 Maria Guevara From: Maria Guevara Sent: Friday, November 05, 2004 10:40 AM To: Lynnette Adolphson Subject: Insurance Hi, I'll be adding Jones & Stockes Associates to the non -pay next Friday, we are missing their general liability, endorsement, auto, workers comp & professional liability. Maria Guevara, Administrative Secretary City of San Juan Capistrano City Clerk Division (949) 443-6309 M I ft 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 1" www.sanjuancapistrano.org September 17, 2004 Jones & Stockes Associates 2600 V Street Sacramento, CA 95818 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATI HART JOE SOTO DAVID M. SWERDUN RE: Compliance with Insurance Requirements — Jurisdictional Waters and Wetlands Delineation and Stream Permitting for the Belladonna Estates The following insurance documents are due to expire: ✓ General Liability Certificate 10/01/2004 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. ✓ Automobile Liability Certificate 10/01/2004 ✓ Professional Liability Certificate 10/01/2004 ✓ Workers Compensation Certificate 10/01/2004 Please submit update documentation to the City of San Juan Capistrano, attention City Cler ' office, 32409jaseo Adelanto, San Juan Capistrano, CA 92675 by the above e ira on/df u have any questions, please contact me at (949) 443-6309. Secretary cc: Lynnette Adolphson, Management Analyst II San Juan Capistrano: Preserving the Past to Enhance the Future Ask AC-0—RD. CERTIFICA OF LIABILITY INSURA CE Page 1 of 2 DATE 03/19/2004 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cert Center 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER P. O. Box 305191 Nashville, TH 372305191 INSURERS AFFORDING COVERAGE INSURED Jones A Stokes Associates INSURERA: American International Specialty Lines In 26883-003 INSURERS: Comaerce and Industry Insurance convany 19410-004 2600 V Street Sacramento, CA 95818 INSURER C: American Iaternntionnl Specialty Linea III 26883-002 EACHOCCURRENCE Is 1,000,000 INSURERO: Commerce and Industry Insurance Calipany 19410-003 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE 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. INSR TYPEOFINSURANCE POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRATION LIMITS A GENERAL LIABILITY PROP8085645 10/1/2003 10/1/2004 EACHOCCURRENCE Is 1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX ] OCCUR MED EXP (Any one person) $ 5,000 PERSONAL S ADV INJU RY $ 11000,000 X Includes Prof Liab X Contractual Liability GENERAL AGGREGATE $ 2,000,000 G EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 1.000.000 POLICYX PRO LOC B AUTOMOBILELIABILITY X ANY AUTO CA5054198 10/1/2003 10/1/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY $ (Per person) ALLOWNEDAUTOS SCHEDULED AUTOS BODILY INJURY $ IPBT accident) HIRED AUTOS NON-OWNEDAUTOS PROPERTY DAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO AUTOONLY: AGO $ C EXCESS LIABILITY PROU8085646 10/1/2003 10/1/2004 EACH OCCURRENCE $ 5,000,000 X OCCUR 71 CLAIMS MADE AGGREGATE $ 51000,000 $ DEDUCTIBLE $ X RETENTION $ 10.00( D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY California 3281891 10/1/2003 10/1/2004 X I WCSTAru- OTH- E.L. EACH ACCIDENT $ 11000,000 D All Other 3281892 10/1/2003 10/1/2004 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1.000.000 A OTHER PROP8085645 10/1/2003 10/1/2004 $1,000,000 each loss Professional Liability $2,000,000 aggregate Claims Made DESCRIPTION OF OPERATIOWLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Routine Jurisdictional waters and wetlands Delineation and Stream Permitting for the Belladonna Estates (Tract 16146). It is agreed that the City of San Juan Capistrano is included as an Additional Insured as respects General Liability Coverage as required by written contract. City of San Juan Capistrano Planning Department Attn: Lynette Adolphson, Management Analyst II 32400 Paseo Adelanto San Juan Capistrano, CA 92675 25-S(7197) Coll:949297 Tpl:201 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 $0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Cart: 9 0 POLICY NUMBER: PROP8085645 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Jones & Stokes Associates 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. Name of Persons or Organization: City of San Juan Capistrano (If no entry appears above, information required to complete this endorsement will be shown in the Declarations 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 work" for that insured by or for you. CG 2010 11 85 Includes Copyrighted Material of Insurance Services Office, Inc. with it's permission. Copyright, Insurance Service Office, Inc. 1984 r 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx >7-rof,lr.sanjuancaplsn-ano.org April 14, 2004 Jones & Stokes Associates 27403 Ynez Road, Ste 208 Temecula. CA 92591 Dear Sir or Madam: (✓/✓p.�� Rto evon Xim f fIABIISXEO 1961 1776 MEMBERS OF THE CITY COUNCIL Please find enclosed an original executed personal services agreement related to preparation of a routine jurisdictional water and wetlands delineation and stream permitting for the Belladonna Estates (Tract 16146). SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN We have received current documentation of your compliance with the terms related to Section 14. Insurance. 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 Lynnette Adolphson, Management Analyst II, (949) 443-6324. Yours truly,, V Me on han, CMC C' y Clerk enc Agreement cc: Lynnette Adolphson, Management Analyst II Finance San Juan Capistrano: Preserving the Pat to Enhance the Future