04-0601_STEWART & ASSOCIATES_Personal Services Agreement (2)E
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of June, 2004, by and
between the San Juan Capistrano Community Redevelopment Agency (hereinafter
referred to as the "Agency") and Stewart and Associates (hereinafter referred to as
"Consultant").
RECITALS
WHEREAS, Agency desires to retain the services of Consultant regarding the
Agency's proposal for Annual Maintenance of the Arroyo Trabuco Conservation Area; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, Agency 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 June 30, 2005.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this project shall not exceed
($28,875.00) Twenty Eight Thousand, Eight Hundred Seventy -Five Dollars.
3.2 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 Agency. The Agency will pay monthly progress payments based on
approved invoices in accordance with this Section.
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For extra work not part of this Agreement, a written authorization from Agency
is required prior to Consultant undertaking any extra work.
3.3 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 Agency.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of Agency, and shall obtain no rights to any benefits which accrue to
Agency'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 Agency to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the Agency. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the Agency. If Consultant is permitted
to subcontract any part of this Agreement by Agency, Consultant shall be responsible to
Agency 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 Agency. All persons engaged in the work will be
considered employees of Consultant. Agency 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 Agency, 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 Agency, it shall immediately inform Agency of this and shall not
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proceed with further work under this Agreement until written instructions are received from
the Agency.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall complywith 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. Indemni .
Consultant agrees to protect, defend and hold harmless Agency, 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 12. 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.
v/12.1 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;
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$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
12.2 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
✓12.3 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.
12.4 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 Agency Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
12.5 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 Agency, except
that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
12.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
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12.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
Agency has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 13. Termination.
Agency 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 14. 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 Agency: Agency of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Douglas Dumhart
To Consultant: Stewart & Associates
1600 Calle Negocio, Suite D
San Clemente, CA 92672
Attn: Ed Stewart
Section 15. 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 16. 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").
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Section 17. 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:
Agency
By:--N�
Diane Bathgate, airman
Consul R
Stewart, StewartAssociate
Agency Secretary
AS TO FORM:
John R. Sha , Agency Counsel
C:�DOUGLASWGMrSWTEWART.PSA04-05.DOC -6-
I . • 0
EXHIBIT A
Scope of Work
Annual Maintenance of the Arroyo Trabuco Conservation Area as established
by the Lower Rosan Ranch Offsite -Wetlands Mitigation Project. Annual
Maintenance is to minimally include approximately 1,750 person hours for the
following activities:
• Maintenance and scheduling of irrigation system as necessaryfor
proper soil moisture; and,
• Collection and removal of trash within the revegitation area; and
• Weeding nine times (9x) a year to achieve no more than 15%
weed cover as specified in ACOE permits; and,
• Quarterly cutting and treating of arrundo with appropriate
herbicide.
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Douglas Dumhart, Economic Development Manager
FROM: Mitzi Ortiz, Deputy City Clerk DATE: May 16, 2005
SITUATION:
At their meeting on May 18, 2004 the City Council of the City of San Juan Capistrano
approved a Personal Services Agreement with Stewart and Associates for maintenance
services related to the Arroyo Trabuco Conserva ion
ACTION REQUESTED:
Said Agreement shall terminate by June 30, 2005.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
G� at,4� FY 066S
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
91
3o z�5
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: 41�465
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 05/16/05
Deadline Date: 06/30/05
(600.40/stewart)
COPY
STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INS UatANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 04-01-2005 GROUP:
POLICY NUMBER: 1462110-2005
CERTIFICATE ID: 18
CERTIFICATE EXPIRES: 04-01-2006
04-01-2005/04-01-2005
SAN CAPISTRANO COMMUNITY REDEVLOPMENT AGENCY
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO CA 92675
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 10 days' advance written notice to the employer.
We will also give you 10 days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is notaninsurance policy and does not amend, extend or alter the coverage afforded
by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate of insurance 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.
X" 6
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE.
EMPLOYER
E. STEWART AND ASSOCIATES, INC.
1000 CALLE NEGOCIO
SAN CLEMENTE CA 92673
LEGAL NAME
E STEWART AND ASSOCIATES, I�
(IEV.3-03) PRINTED: 03/17/2005
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX '
www.sanjuancapistrano.org
March 14, 2005
E
Stewart & Associates
1060 Calle Negocio, Ste D
San Clemente, CA 92672
J�
IX(AIPAARifA
fSARAfI$XfX
1776
MEMBERS OF THE CITU COUNCIL
RE: Compliance with Insurance Requirements —Weed Abatement/Annual
Maintenance of the Arroyo Trabuco Conservation Area
The following insurance document is due to expire:
✓ Workers Compensation Certificate 04/01/2005
SAM ALLEVATO
DIANE BATHGATE
WVATT HART
JOE SOTO
DAVID M. SWERDLIN
Please submit updated documentation to the City of San Juan Capistrano, attention City
Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above
expi�^n datq). If you}lave any questions, please contact me at (949) 443-6309.
cc: Dodoas Dumhart, Economic Development Manager
Jack GalaJiz, Public Works Manager
Michelle Perea, Administrative Assistant
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Premed on rerycled paper
ACbBQR 'CERTIFICAT F LIABILITY INSURANC DATE(MM DOmvv)
PRODUCER THIS CERTIFICATE IS UED AS A MATTER OF INFORMATION
Prendiville Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
g y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
27134A Paseo Espada, Suite 323 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Juan Capistrano, CA 92675 ("�D
949 487-9696 ♦ INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA: Scottsdale Insurance Company
E. Stewart & Associ a.--IxLc. P I= I IrysuRERB: Truck Insurance Exchan e
MRq
130 Avenida Barcelo INSURER C:
San Clemente, CA 92672 INSURER D:
CITY CLERK INSURER E:
rnvcoencc
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.
INR
LTR
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NSRD
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POLICY NUMBER
E
PATIE EFFECTIVE
DATC M VDD/ YON
LIMITS
GENERAL LIABILITY
ENCE $ 11000, 000
occurence $ 100,000
X COMMERCIAL GENERAL LIABILITY
neperson) $ 5.000
CLAIMSMADE � OCCUR
DVINJURY 11030,000
MAGGREGATE
A
X
GREGATE $ 2,000,000
CLS0988986
02/04/05
02/04/06
GEN'L AGGREGATE LIMIT APPLIES PER:
OMP/OPAGG $ 2,000,000
X POLICY 7 jECOT- F LOC
AUTOMOBILELIABILITY
COMBINED SINGLE LIMIT
$ 1,000,000
ANYAUTO
(Eaamideet)
BODILYINJURY $
ALLOWNEDAUTOS
X
SCHEDULED AUTOS
(Per Person)
BODILYINJURY
B
X
X
HIREDAUTOS
60248-54-84
08/14/04
08/14/05
X
NON-OWNEDAUTOS
(Peraccident) $
PROPERTY DAMAGE $
(Peramident)
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT $
OTHERTHAN EAACC $
ANYAUTO
AUTOONLY: AGG $
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE $
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AGGREGATE $
$
$
DEDUCTIBLE
$
RETENTION $
WORKERSCOMPENSATIONAND
I TORYLIMITS ER
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EMPLOYERS'LIABILITY
ANY PROPRIETORPARTNER XECUTIVE
E.L. DISEASE - EA EMPLOYE $
OFFICERIMEMBER EXCLUMM
SPECIAL PROVISIONS below
IAL PROVISIONS
E.L. DISEASE -POLICY LIMIT 1 E
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
The City of San Juan Capistrano and the San Juan Capistrano Community
Redevelopment Agency are Named as Additional Insured as Their Interests May
Appear as Respects:
Weed Abatement/Annual Maintenance of the Arroyo Trabuco Conservation Area
*CANCELLATION - EXCEPT 10 DAY NOTICE N -PAYMENT OF PREMIUM,
The City of San Juan Capistrano
Attn: City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BKFFQRE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL SS OD_ 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. i _ / 1 i
ACORD25(2001/08) OACORD
C
IMPORTANT
C�
If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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.
ACORD25(2001I08)
POLICY NUMBER:
CLS040986 COMMERCIJOGENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
(FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name of Person or Orpniaation:
SCHEDULE
THE CITY OF SAN JUAN CAPISTRANO
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
(If no entry appears above, information requited to complete this cadOrscmcd 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 "yrntr work" for that Insured by or for you.
CG 20 10 1185 Copyright, Insurance Services Office, Inc. 1984
Feb 01 05,04:16p 949 49 9626 p.1
•
PRENDIVILLE INSURANCE AGENCY
27134 A PASEO ESPADA, SUITE 323
SAN JUAN CAPISTRANO, CA 92675-5708
BUS: (949) 487-9696 *AX; (949) 487-9626
LICENSE #0740433
FAX COVER SHEET
DATE: February 01, 2005
TO: Maria Guevara
FAX #: (949) 493-1053
FROM: Krissy Casilla
Number of pages including cover sheet: 3
RE:
E. Stewart & Associates, Inc.
Please find the following Certificate of Insurance for E. Stewart
& Associates, Inc. If you have any further questions or
requirements, please contact me at (949) 487-9696.
949 487 9626 P•2
Feb 01 05.04:16P Ank-
A DR& CERTIFICATE W LIABILITY INSURANCE
DATE(MMIOOJYYYY)
a
PRODUCCR
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Prendiville InSurance Agency
27134A Paseo Eapada, Suite 323
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Juan Capistrano, CA 92675
444 487-9696
INSURERS AFFORDING COVERAGE NAICS
INSURED
INSURCRA Scottsdale Insurance ccPpany
9. Stewart 6 Associates, Inc.
INSURER B. Truck Insurance Bxchance
INSURER
130 Avenida Barcelona
San Clemente, CA 92672
INSURER D'
NSURER E.
COVERAGE$
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFRIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHCR DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, TI IE IN3URANUt AFFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
.TR
SRP
TPF IN N
POLICY NUMBER
POLI TE EFFECTIVE
GATE
POLICY EXPIRATION
nnTF MMIDDAN
LIM10
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EACH OCCURRENCE S 1,000,000
$ COMMERCIAL GENERALLIABBITT
CLAIMSMAOE Fx i OCCUR
PREMISES Es 0=u . S 50,000
MCO EnP pn,one rvlem�) rj 000
PERSONAL 6 ADV INJURY 5 1.000.000
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GENERAL AGGREGATE E 2,000,000
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02/04/05
02/04/06
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PnODUcT6. Ca.pmr AGG S 2,000,000
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(Pnaaldonl)
CAnADE LIABILITY
AUTOONLY. EAACCIDENT S
OTHERTHAN FAACCS
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S
OCCUR 0 CLAIMSMADE
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The San Juan Capistrano community Redevelopment Agency and the City of San Juan
Capistrano are Named as Additional Inatired as Their Intareete May Appear as
Respects:
Weed Abatement/Annual Maintenance of the Arroyo Trabuco Conservation Area
r nawTnsr.r emrnwi _ vvnrbT in nnV NnTTVR FOR NON-PAYMENT OF PRRMITIM—
San Juan Capistrano Community
Rodevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SHOULD ANY OF THE ABOVC DESCRIBED POLICIES BE CANCELLED GGFL)RE 1 NC EXPIRATION
IATF T14EPEOF TME IGSUMC INCURCn WILL ENOGVOR N "1' UU_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLOER NAMED TO TNF LEFT. BUT TAILURE TO GO SO SHALL
IMPOSC NO OBLIGATION OR LIABILITY Or ANY KIND UPON THE INSURER. 116 AGCNTS ON
111
Feb D1 05. 04: 16P
IMPORTANT
949 497 9626 P'3
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be indorsed. A ctatcment
nn this cendicatc does not confer rlgnt5 to the certificate holder In lieu of such endorsemem(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policicc may
require an endorsement. A statement on this certificate does not confer nghts to the certificate
holder In lieu of such endarsement(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 certlfkato holder, nor does it
affinnativoly or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
CORE) 25 (2001/09)
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 FAX
www.sanjuancapistrano.org
January 21, 2005
Stewart & Associates
1060 Calle Negocio, Ste D
San Clemente, CA 92672
iuerramu
6@IOSAFI I 1961
1776
MEMBERS OF THE CITY COUNCIL
RE: Compliance with Insurance Requirements —Weed Abatement/Annual
Maintenance of the Arroyo Trabuco Conservation Area
The following insurance document is due to expire:
SAM ALLEVATO
DIANE L. SATHGATE
WYATT HART
JOE SOTO
DAVID M. SWEMUN
✓ General Liability Certificate 02/04/2005
✓ General Liability Endorsement Form naming the City of San Juan
Capistrano as additional insured.
✓ Other Information Please provide insurance certificate with the San Juan
Capistrano Community Redevelopment Agency named as certificate holder.
Please submit updated documentation to the City of San Juan Capistrano, attention City
Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above
expiration date. If A have any questions, please contact me at (949) 443-6309.
Administr#t a Secretary
cc: Douglas Dumhart, Economic Development Manager
Jack Galaviz, Public Works Manager
Michelle Perea, Administrative Assistant
San Juan Capistrano: Preserving the Past to Enhance the Future
. CORD,. CERTIFICAIOOF
-
LIABILITY
INSURA E
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
DATE
02/19/2004
02/1 M/2004
RODUCER (949) 487-9696
Prendiville Insurance en
Agency
27134A Paseo Espada, Suite 323
San Juan Capistrano, CA 92675
-
TYPE OF INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
Stewart 6 Associates
1130 Avenida Barcelona
San Clemente CA 92672-
INSURER A: Scottsdale Insurance
Co.
INSURER B:
/ /
INsuRERc
EACH OCCURRENCE $ 1,000,000
NSURER D:
INSURER E:
X COMMERCIAL GENERAL LIABILITY
DLAIMSMADE IKOCCUR
COVERAGES
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.
?NSR LTR
NSRL
TYPE OF INSURANCE
POLICY NUMBER
ATE (MWDDCY / )
DATE MWDDIYY)POLICY N
LIMITS
GENERAL LIABILITY
/ /
/ /
EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED 50 , 000
PREMISES Ea occurrence $
X COMMERCIAL GENERAL LIABILITY
DLAIMSMADE IKOCCUR
CLS0988986
02/04/2004
02/04/2005
MED EXP (Any one on) $ 5,000
PERSONAL &ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000.000
A
X
/ /
/ /
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $ 2,000,000
X POLICYF_j JEF-1 LOC
AUTOMOBILE
LIABILITY
/ /
/ /
COMBINED SINGLE LIMIT
ANY AUTO
(Ea accident S
BODILY INJURY
ALL OWNED AUTOS
/ /
/ /
SCHEDULED AUTOS
(Per person) 9
BODILY INJURY
(Per accident 9
HIRED AUTOS
NON -OWNED AUTOS
/ /
/ /
PROPERTY DAMAGE
(Per amiden9
t
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
/ /
/ /
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY
/ /
/ /
EACH OCCURRENCE $
OCCUR F� CLAIMS MADE
AGGREGATE $
5
$
DEDUCTIBLE
/ /
/ /
$
RETENTION $
WORKERS COMPENSATION AND/
/
/ /
TORY LIMITS OTR
EMPLOYERS' LIABILITY
ANY PROPRIETOR(PARTHERIEXECUTNE
E.L. EACH ACCIDENT $
E L. DISEASE - EA EMPLOYEE e
OFFICE"EMBER EXCLUDED?
/ /
/ /
If Yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT $
OTHER
IESCRIPIION OF OPERATIONS/LOCATIONSNEHICLESl XCLUSIONS ADDED BY ENDRSEMENT)SPECIAL PROVISIONS
'he City of San Juan Capistrano and the San Juan Capistrano Community Redevelopement Agency are Named as Additional
Insured as Their Interests May Appear as Respects:
lead Abatement/Annual Maintenance of the Arroyo Trabuco Conservation Area
'CANCELLATION- EXCEPT 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM.
The City of San Juan Capistrano
Attn: City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano CA 92675 -
CORD 25 (2001108)
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
REPRESENTATIVE
INS025 (0100) s ELECTRONIC LASER FORMS, INC. - (800)321-0S 6
L
I 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.
CORD 25 (2001/08)
..; INS025 �owe)as Paye 2 of 2
Kar 30 04 04:46p
• 949 9626 P,2
POLICYNUMBER. cl,S098898b
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsvioent modifies insurance provided under the following'
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organlcation!
THE CITY OF SAN CAPISTRANO
AND TNF. SAN JUAN CAPISTRANO CCMMUNI'TY REDEVELOPMENT
32400 PjjSGO ADCI.ANTO
SAN all AN CAPISTRANO, CA 9267S
(II no entry appears dbove, information renuired to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to includc as an incnred the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rcnt-
ad to you.
CG 20 26 11 85 Copyright, Insurance Services Office. Inc, 1984 Page 1 of 1
AGRN'tr20?" 1.10
PRENDIVILLE INSURANCE AGENCY
27134 A PASE.O ESPADA, SUITE 323
SAN JUAN CAPISTRANO, CA 92675-5708
RI I$c (940) 487-9696 PAX: (949) 487-9626
LICENSE #0740433
FAX COVER SHEET
DATE: March 03, 2004
T0: Maria Guevara
FAX #: (949) 493-1 OS3
FROM: Krissy
Number of pages including cover sheet: 3
RE:
The following Certificate of insurance is for Stewart & Associates,
per your request. The original has been mailed.
Thank You!`
Q
t .d 9296 L8b 6i6 d92:ir0 b0 EO Jew
Ma949 jJ7 9626r 30 04 04:46p •
PRENDIVILLE INSURANCE AGENCY
27134 A PASEO ESPADA, SUITE 323
SAN JUAN CAPISTRANO, CA 92675-5708
DU9_ (949) 487-9696 CAX: (949) 487-9626
LICENSE #0740433
FAX COVER SHEET
DATE: March 30, 2004
TO: Maria Guevara
FAX #: (949) 493-1053
FROM: Krissy
Number of pages including cover sheet: 2
1w
E. Stewart & Associates, Inc.
The following is an Additional Insured Endorsement for E.
Stewart & Associations, Inc. Please receive this to complete your
file. Contact the with any additional requirements.
Thank
1_-
ACOR.Q, CERTIFICATE OF LIABILITY INSURANCE
—� THIS CERTIFICATE IS ISSUED AS A MATTER OF
PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE
Prendry le Insurance Agency HOLDER, THIS CERTIFICATE DOES NOT AMENC
271 3 FaacO Eopada, Seita 323 ALTER THE COVERAGE AFFORDED BY THE POLIC
San Juan Capistrano, CA 92675 INSURERS AFFORDING COVERAGE
(949) 487-9696
INSURED INSURERA Tr v)L Tnourance Exchange `
Stewart b Associates INSURERB:
130 Avenida Barcelona INSURERC
DATE
CERTIFICATE
EXTEND OR
T IF FOLIOTG OF INuVRANCf_ LIC.TCD BELOW I IAVC DECN IwUCD TO TI IE IIY VRED NAMED ABOVE FOR THE POLICY PEH100 IIVOICATEO. NOTWITn$n\NUINO ANY
RFOUIRE,MFNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDEU BY IME 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
LTR
TYPE OF INaURANOE
POLICY NOMDER
POLICY EFFECTIVE
DATE MM1001YY
POLICY EXPIRAnnN
DATE MILDD/YY
LI6
Mll
GENERAL UASILITY
LACH OCCLJRRFNCE
FIRE DAMAGE tAny we Rlr) k
COMMERCIAL GLNEHAL UABILU Y
MED EXP IArN one er3onl f
CLAIMS WOE OCCUn
PERSONAL S AOV INJURY r
GENERAL AGGREGATE.
GFN'I ACCRFGATF. L IMITAPPIJ ES PER:
PRODUCTS - COMFIDP AGG 4
POLICY JE T 71 LOC
AUTOMOBILE
LIABILITY
ANY AUTO
/ /
/ ,
COMBINED SINGLE LIMIT
(Ea Rco4en11 1 1, DOG, 000
BODILY INJURY
All OWNED AUTOS
60249-54-94
08/14/2003
08/14/2004
SCI IEDULFO AUTOS
(Fn lKgpn) f
X
BODILY INIURY
A
X
HIRED AU LOS
/
/ /
X
NON-OWNEDAU10S
IPer ecaeen0
PROPFNIY IAMAI:F
(Per acOeenD
GARAGE LIABILITY
AUTO ONLY - EA ACCIUENT
OTHFRTHAN EAACC 3
ALIIUUNLY: AGO
ANY AUTO
EXCESS LIABILITY
EACH OCCURRENCE
AGGRE(VTF 3
OCCUR L71 CLAIMSMADC
3
DEDUCTIBLE
RETENTION SEmPLOYERS
WORKERS MFEF1ATION AND
I TY
TORY IMIT$ EF
C.L. LAM I ACCIDFNT
EL DISEASE-0,17MPLOYEE8
I
E.L. DISEASE-POUCYLIMIT 3
OTHER
DESCRIPTION OF OPERATIONSAOCATONSNEHICLES(EXCLLIEIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
,The City of San- Jean•. OalFiatranm<;and thm- Ban Juan Capistrano Community RaMev02opmant-Agency are Named as AidityonaA
Lmu—d na Theme[ In LJCNOtO Gay APPoar as RRpPOC<O-.
wood Abatement/Annual maintenance of the Arroyo TrabuCO Conservation Ar99
-CANCELLATION- EXCEPT 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM.
CERTIFICATE HOLDER X I ADDITIONAL INSURED' INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
3D* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
The City Of San ,Tuan CaECLS trano FAILURE TO OO SO SHALL IMPOSE NO OBLIGATION OR LNBILITY OF ANY KIND UPON THE
Attn: City Clark's Office INSURER. ITS AGENTS OR REPRESENTATIVES.
32400 Paseo Adelanto AUTHORIZED REPR r
San Juan Ca ietrano CA 92675- -
ACORD 25•S (7197) NJ ACORD CORPORATION 1988
1,..- INS025S (9910) a' ELECTRONIC LASER FORMS, INC - (0)0)341-0545 Pape 1 m2
�-A
9798 /Rb RbR
dOT;ZO EO LO 2nH
0 OTHOLDER COPY SG
STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 04-01-2004 GROUP:
POLICY NUMBER: 1462110-2004
CERTIFICATE, ID: is
CERTIFICATE EXPIRES- 04-01-2005
04-01-2604/04-01-2005,
SAN CAPISTRANO COMMUNITY REDEVLOPMENT AGENCY
324Q6 PASEO ADELANTO
SAN JUAN CAPISTRANO CA 92675
This is to certify that wa have ispq6d a valWy I in a fijrm approved by the
Yorke0s' Compensation inswr h" po icy
California Jnslurance CominIsfoner .. (a the em#$yjparAamed:bel,qyv fofi" ;4*'PW404� fodkOOL
This policy is not subject to cancellation, by- the frq except upon 10 days' advanoe whit'
notl& to the employer.
We will also give you j6 days' ticivan4o'hbitice should Mi be c4hcelled rh;tJoAfj*,, nbima(-*pjretion.
This certificate of Insurance isnot an insurance policy and does not amend, extend'vr alter the c4merage, afforded
,V
or ',document
ich this or may pertain, the ftZirary&64ffo'%0
by the policies fisted herein No withstanding any requirq6.1*0o_�-1,1errTL or condition of ""aryy qqn#-act 'Ve'
with �spect to wh by the
policies -described 'herein is s ct to all the ieims, May
and conditions of, such policies—
AUTH6RIZ W, RE PRESeINTNTIV E
��-Pfl SIQSNT
`EMPLOYER B,Lr• Dip
T $ I
i!w
RE
A
17 Rb 5104;11404%TAl OP
040iTS A
xf
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'T+
EMPLOYER
STEWART AND ASSQCIATES
130 AVENIDA BARCELONA
SAN CLEMENTE CA 92672
LEGAL'NAME
STEWART, EDWIN W.
IFV.3-03) ?RPINTED: 03/17/2004 P0408
THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF ln?65
0
S
5
i
8 CIT' OF SPN IUPN fAVISIAPNO+
San Juan Capistrano
Community
Redevelopment
Agency
Stewart & Associates
1600 Calle Negocio, Ste D
San Clemente, CA 92672
Attention: Ed Stewart
Dear Mr. Stewart:
n
u
May 19, 2004
On May 18, 2004 the Board of Directors of the Community Redevelopment Agency
approved a personal services agreement related to restoration services to the Arroyo
Trabuco Conservation Areas, in the amount of $28,875. An original, executed
agreement is enclosed for your records.
Thank you for keeping current the required evidence of insurance. Please keep in mind
that should this evidence lapse, all work must stop and all payments for work will be
withheld until current evidence is received.
Please coordinate your work under this agreement with Douglas Dumhart, Economic
Development Manager (949) 443-6316.
Yours truly,
,CMC
ncy Secretary
Agreement
cc: Douglas Dumhart, Economic Development Manager
32400 Paseo Adelanto
San Juan Capistrano
California 92675
949-493-1171
0 0
CRA 5/18/2004
B3
AGENDA ITEM
To: Dave Adams, Executive Director G10`
From: Douglas D. Dumhart, Economic Development Manager
Subject: Consideration of Agreement for Restoration Maintenance Services for the
Arroyo Trabuco Conservation Area. (Stewart and Associates)
RECOMMENDATION:
By motion, approve the Personal Services Agreement with Stewart and Associates for
FY 04/05 for restoration services to the Arroyo Trabuco Conservation Area in the
amount of $28,875.00, and authorize the Chairman to execute the agreement.
SUMMARY:
A Personal Services Agreement for FY 04/05 restoration and maintenance service has
been prepared and is provided as Attachment 1 of this Agenda Report for the Board of
Directors' consideration. The Agreement with Stewart and Associates includes services
for on-going restoration maintenance of the Arroyo Trabuco Conservation Area. These
services were a condition of approval by the Army Corps of Engineers (ACOE) in
reviewing the construction plans and specifications for the Lower Rosan Ranch Offsite
Wetlands Mitigation Project.
The Agency also has a five-year maintenance obligation that includes bi-annual
reporting 2 requirements. An independent biological firm will prepare these reports and
monitor the conservation area maintenance efforts. ACOE and California Department of
Fish and Game (CDFG) required post -construction maintenance and monitoring for a
five year period. To comply with the conditions of approval, staff has prepared a
Personal Services Agreement with Stewart and Associates for FY 04/05 maintenance
services.
BACKGROUND:
Staff solicited estimates from three qualified firms for FY 03/04 restoration maintenance
services. The quotes are as follows:
Bitterroot Restoration $66,031.00
Boto Company $63,000.00
Stewart and Associates $28,875.00
On June 17, 2003, the Board approved a Personal Services Agreement with Stewart &
Associates for FY 03/04 maintenance in the amount of $28,875.
Agenda Report May 18, 2004
Page 2
Stewart and Associates have been on schedule and on budget. Independent Biological
monitoring reports have reflected positive on-going maintenance results. At this time,
staff is recommending the Board approve the renewal of the Personal Services
Agreement with Stewart & Associates for FY 04/05's maintenance.
FINANCIAL CONSIDERATION:
Funds for the ongoing maintenance and monitoring work have been budgeted for in
account #26-65300-4720-R01-000.
NOTIFICATION:
*Russ Kaiser, ACOE
*Spencer Gilbert, CDFG
*Paul Walsh, Dudek & Associates
*Ed Stewart, Stewart and Associates
RECOMMENDATION:
By motion, approve the Personal Services Agreement with Stewart and Associates for
FY 04/05 for restoration services to the Arroyo Trabuco Conservation Area in the
amount of $28,875.00, and authorize the Chairman to execute the agreement.
Respectfully Submitted,
-01 1 0 1 11
Douglas D, Dumhart
Economic Development Manager
Attachment 1. Personal Services Agreement
Prepared by,
Josie Kalbaklian
Secretary
Ll
0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of June, 2004, by and
between the San Juan Capistrano Community Redevelopment Agency (hereinafter
referred to as the "Agency") and Stewart and Associates (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, Agency desires to retain the services of Consultant regarding the
Agency's proposal for Annual Maintenance of the Arroyo Trabuco Conservation Area; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, Agency 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 June 30, 2005.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this project shall not exceed
($28,875.00) Twenty Eight Thousand, Eight Hundred Seventy -Five Dollars.
3.2 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 Agency. The Agency will pay monthly progress payments based on
approved invoices in accordance with this Section.
-1-
ATTACHMENTI
0 0
For extra work not part of this Agreement, a written authorization from Agency
is required prior to Consultant undertaking any extra work.
3.3 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 Agency.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of Agency, and shall obtain no rights to any benefits which accrue to
Agency'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 Agency to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the Agency. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the Agency. If Consultant is permitted
to subcontract any part of this Agreement by Agency, Consultant shall be responsible to
Agency 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 Agency. All persons engaged in the work will be
considered employees of Consultant. Agency 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 Agency, 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 Agency, it shall immediately inform Agency of this and shall not
-2-
0
proceed with further work under this Agreement until written instructions are received from
the Agency.
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. Indemni .
Consultant agrees to protect, defend and hold harmless Agency, 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 12. 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.
12.1 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;
-3-
0
0
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
12.2 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
12.3 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.
12.4 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 Agency Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
12.5 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 Agency, except
that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
12.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
-4-
0 0
12.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
Agency has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 13. Termination.
Agency 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 14. 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 Agency: Agency of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Douglas Dumhart
To Consultant: Stewart & Associates
1600 Calle Negocio, Suite D
San Clemente, CA 92672
Attn: Ed Stewart
Section 15. 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 16. 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").
-5-
0 0
Section 17. 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.
Agency
Diane Bathgate, Chairman
ATTEST:
Margaret R. Monahan, Agency Secretary
APPROVED AS TO FORM:
John R.q Y=
Saw, Agency Counsel
0
C:%DOUGLAS"mrSWTEWART.PSA.040S.DOC ��
EXHIBIT A
Scope of Work
Annual Maintenance of the Arroyo Trabuco Conservation Area as established
by the Lower Rosan Ranch Offsite -Wetlands Mitigation Project. Annual
Maintenance is to minimally include approximately 1,750 person hours for the
following activities:
• Maintenance and scheduling of irrigation system as necessary for
proper soil moisture; and,
• Collection and removal of trash within the revegitation area; and
• Weeding nine times (9x) a year to achieve no more than 15%
weed cover as specified in ACOE permits; and,
• Quarterly cutting and treating of arrundo with appropriate
herbicide.
16
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 Fax
wwwsatyuancapistranaorg
May 19, 2004
Down •
N(OPPDEAIfO
(STRIIISXfO 1961
1776
�4i�e�►d
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF ACTION BY THE
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
SAM ALLEVATO
DIANE L BATHGATE
W VATT HART
JOE SOTO
DAVID M. SWERDLIN
On May 18, 2004 the San Juan Capistrano Community Redevelopment Agency met
regarding: "Consideration of Agreement for Restoration Maintenance Services for
the Arroyo Trabuco Conservation Area. (Stewart and Associates)" Item No. (B3).
The following action was taken at the meeting: Personal Services Agreement with
Stewart and Associates for Fiscal year 2004-05, for restoration services to the
Arroyo Trabuco Conservation Areas, in the amount of $28,875.00, approved; and
the Chairman authorized to execute the agreement.
If you have any questions regarding this action, please contact Douglas D. Dumhart,
Economic Development Manager at 443-6316 for more detailed information.
Thank you nk
Mitzi &O , 0 �t
Deputy City Clerk
Cc: Russ Kaiser, ACOE; Spencer Gilbert, CDFG; Paul Walsh, Dudek & Associates;
Ed Stewart, Stewart & Associates; Douglas D. Dumhart, Economic Development
Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
E
0
San Juan Capistrano
Community
Redevelopment
Agency NOTIFICATION OF MEETING OF POTENTIAL INTEREST
SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY
The Board of Directors of San Juan Capistrano Community Redevelopment Agency will
meet at 7:00 p.m. on May 18, 2004, in the City Council Chamber in City Hall, to
consider: "Consideration of Agreement for Restoration Maintenance Services for
the Arroyo Trabuco Conservation Area. (Stewart and Associates)" — Item No. B3
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the Board of
Directors through correspondence addressed to the Board and/or by attending the
meeting and speaking to the Board during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, May 17, 2004 to allow time for the Board to consider its content.
If you would like to speak at the meeting, please complete a blue 'Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Chairman
when the item is considered.
You have received this notice at the request of the City staff member Douglas D.
Dumhart, Economic Development Manager. You may contact that staff member at
(949) 443-6316 with any questions.
The Community Redevelopment Agency agenda is available to you on the City's web
site: www.sanjuancapistrano.org.
Thank you for your interest,
Meg Monahan, CMC
City Clerk
cc: Russ Kaiser, ACOE*; Spencer Gilbert, CDFG*; Paul Walsh, Dudek &
Associates*; Ed Stewart, Stewart & Associates*; Douglas D. Dumhart, Economic
Development Manager
* Received staff report
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714 - 493-1171