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05-0718_VANDERMOST CONSULTING SERVICES, INC._Personal Services Agreement.� jug 1 3 % 05 PERSONAL SERVICES AGREEMENT! L �- PUB�`,r!^;��S THIS AGREEMENT is made and entered into this _Jc� day of 2005, by and between the City of San Juan Capistrano (hereinafter referre to as the "City") and Vandermost Consulting Services, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to Regulatory Coordination associated with replacement of the Estanga Pipe Crossing; 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. Scone 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 ninety (90) days. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed seven thousand twenty-five dollars($7.025), as set forth in Exhibit "A," attached and incorporated herein by reference. SQ 0 0 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services, which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will K 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. 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 3 0 0 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 the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; M 9 $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 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/TermMation of Insurance. 5 0 0 The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other parry In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: Vandermost Consulting_ Services, Inc. 27312 Calle Arroyo San Juan Capistrano. CA 92675 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 9 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'). 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: R. Monahan, City Clerk APPROVED AS TO FORM: John R. Sha 'CityAtto 7 CITY OF SAN JUAN CAPISTRANO David F. Adams, City Manager CONSULTANT By: VwT A"40`,.' Va ermost Consulting Services, Inc. 0 VANDERMOST CONSULTING SERVICES, INC. Government Affairs • Community Relations • Regulatory Assistance June 16, 2005 Mr. Eric Bauman City of San Juan Capistrano Water Engineering Manager 32400 Paseo Adelanto San Juan Capistrano, California 92675 Subject: San Juan Creek — Via Estenaga Crossing Replacement Dear Eric: JUN 1 7 2005 PUBLIC WORKS Please consider this letter a Scope of Work for Vandermost Consulting Services, Inc. (VCS) to assist the City of San Juan Capistrano with regulatory coordination associated with replacement of a pipe crossing beneath San Juan Creek near Via Estenaga in the City of San Juan Capistrano. Our Scope of Work includes the following proposed tasks. Scope of Work Review existing documents and prepare a summary letter to notify $ 3,325 the U.S. Army Corps of Engineers, the California Department of Fish and Game, the Regional Water Quality Control Board, and the U.S. Fish and Wildlife Service of the proposed work. (Assumes 20 hours.) 2. Coordination with the regulatory agencies and the project team. $ 3,700 (Assumes 20 hours and includes one field visit with the regulatory agencies, if necessary.) Total $ 7,025 This estimate assumes the following: Regulatory permits will not be required for the proposed project. If regulatory permits are determined to be required, a separate scope of work will be forwarded to your office. 27312 Calle Arroyo • San Juan Capistrano, California 92675 EXHIBIT "A" 949.489.2700 • Fax 949.489.0309 Mr. Eric Bauman • June 16, 2005 Page 2 0 2. No endangered species will be adversely affected by the project and no endangered specie studies will be required. We bill monthly on a time and materials basis with invoices due upon receipt, pursuant to the attached fee schedule. Miscellaneous expenses such as reprographics, Federal Express, mileage, and postage are billed as reimbursable expenses for the actual cost. In order to authorize VCS to proceed, please sign below and return. We look forward to working with you on this project. Please do not hesitate to contact me at (949) 489-2700, extension 203, with any questions. Sincerely, J ie Vandermost President Attachment Authorization Date L VANDERMOST CONSULTING SERVICES, INC. Government Affairs • Community Relations • Regulatory Assistance Fee Schedule Effective January 2005 President $225/hour Vice President $200/hour Director, Regulatory Services $185/hour Senior Project Manager $160/hour Senior Biologist $160/hour Project Manager $145/hour Assistant Project Manager $125/hour Project Coordinator $110/hour Office Assistant $90/hour REIMBURSABLE EXPENSES. Expenses incurred directly for the Client's project will be billed at actual cost, and are not included in the original contract amount. Expenses include, but are not limited to, necessary transportation costs including mileage by automobile at $0.41 per mile, computer equipments costs for GIS work at $25 per graphic, meals and lodging, conference calls, computer services, photocopying, color film, and photo processing. PAYMENT DUE. Invoices are due upon presentation and shall be considered past due if not paid within 15 (fifteen) calendar days of the due date. Finance charges, computed by a "Periodic Rate" of 1-1/2% per month, will be charged on all past -due amounts. CHANGE ORDERS. Change Order may be subject to future fee schedule increases. 27312 Calle Arroyo • San Juan Capistrano, California 92675 949.489.2700 • Fax 949.489.0309 9 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Eric Bauman, Water Engineering Manager FROM: Mitzi Ortiz, Deputy City Clerk DATE: October 17, 2005 SITUATION: On July 18, 2005 the City of San Juan Capistrano entered into a Personal Services Agreement with Vandermost Consulting Services, Inc. for Regulatory Coordination Associated with Replacement of the Estanga Pipe Crossing. ACTION REQUESTED: Said Agreement states services shall be completed within (90) days or by October 16, 2005. On September 16, 2005, said agreement extended (30) days or by November 15, 2005. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION ,/ �— DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 09/15/05 10/17/05 Deadline Date: 10/16/05 11/15/05 (600.30/vandermost 2) CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Eric Bauman, Water Engineering Manager FROM: Mitzi Ortiz, Deputy City Clerk DATE: September 15, 2005 SITUATION: On July 18, 2005 the City of San Juan Capistrano entered into a Personal Services Agreement with Vandermost Consulting Services, Inc. for Regulatory Coordination Associated with Replacement of the Estanga Pipe Crossing. ACTION REQUESTED: Said Agreement states services shall be completed within (90) days or by October 16, 2005. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 'FOR CITY CLERK'S DEPARTMENT USE ONLY*' Tickler Date: 09/15105 Deadline Date: 10/16/05 (600.30/vandenvost2) 03/01/05 TUE 10:54 FAX • • VANDERMOST CONSULTING SERVICES, INC. Government Affairs • Community Relations • Regulatory Assistance TO: City Clerk FAX NUMBER: 493-1053 COMPANY: PHONE NUMBER: City of San Juan Capistrano FROM: DATE: 3-1-05 PAGES: INCLUDING Lynne Tilden COVER: 3 489-2700 ext.209 COMMENTS: Original to follow via: ❑ U.S. Mail ❑ Overnight Mail ❑ Couner ❑ Not Applicable 27312 Calle Arroyo • San Juan Capistrano, California 92875 949.489-2700. EXT. 209• Fax 949.489-0309 ItildenUo vandermostconsulting corn 0001 J CERTIFICA Deatey, Renton 6 Associates 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 626 844.3070 INSURED Vandermost Consulting 5 27312 Calle Arroyo San Juan Capistrano, CA COVERAGES IF OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE THIS CERTIMATE DOES NOT AMENI PAID CK ALTER E COVERAGE AFFORDED BY THE POI INSURERS AFFORDING COVERAGE FEB2 I p uRERA n mora a Maus Inc IN uRERe. S Paul Fira & ❑ RECD. N9UAERC G at America INSURER 0. ❑ BILLED MAIIRFR IF 0002 GATE (MWDD/YY) 02/18/2005 END OR BELOW. 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 NSA TYPE ONNSURANCE POUCT NUMBER FOETID EFFECTIVE DATE MWDON POLICY E%PIMTNNI MIAT1MY 11122/05 UMRB A GENEaN. uileiun S7SBAKY2920SC 11122104 EACH OCCURRENCE FIRE DAMAGE (My aro lin) X COM MERCMLGENERALLM ILITY 5300000 CLAIMS MAGE aOCCUR MEDEXPIMy—PN l 110,000 PERSONAL S AOV INJURY s2,000,000 _ GENERAL AGGREGATE _ 64 000 000 PRODUCTS•COMP/OPAGG 34000000 GEN'L AGGREGATE UMITAPPLIE9 PER: POLICY M JECT [7 PRP LOC A AUTOMOBILE LIABILITY 57UECUN1813SC 11/22/04 11/22/05 COMBINED BINDLE LIMIT ANY AUTO (Ea occident) $1,000,000 BODILY INJURY ALL OWNED AUTOS X_ SCHEDULED AUTOS (Per Penonl S BODILY INJURY X HIRED AUTOS X Nq+OWNED AUTOS (Pe. =Iden) $ PROPERTY DAMAGE S (re, xcidem) GARAGE UABNTY AUTO ONLY . EA ACCIDENT t _ OTHER THAN EA ACC S_ ANY AUTO AUTO ONLY, AGG S EXCESSLIABILITY EACH OCCURRENCE S OCCUR C CLAIMS MADE AGGREGATE S _ S t DEDUCTIBLE S RETENTION S B WORKERS COMPENSATION AHO WVA7503897 06/01/04 06/01/05 X WC STA w OEH�- EMPLOVERS'DABILITY E.L. EACH ACCIDENT 51,000,000 EL DISEASE• EA EMPLOYEE t1 000 DOD E.L. DISEASE POLICY LIMB t1 OOO,OOo jCoMEF1 Professional EDN320929604 114/29104 04/29/05 $1,000,000 per claim ability $1,000,000 annl aggr. DESCRIPTION OF OPERAnONOR=AVMKSIYEMCLE&t%CLU910NS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: Well Site No. 5 Creek Crossing dT City of San Juan Capisti wo is frowned as an additional Insured as respects general tialttiity for erfslnp from the operations of the named 9 insured. City of San Juan Capistrano 32400 Passo Adelanto San Juan Capistrano, CA 92675 25-S l7197)1 oft #S1209961Mi14225 SHOULD ANYOFTHE ABOVE 0 ESCMBEU POLICIEBBE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL3D_ DAWIWNTTEN NOTICE TOME CERTIFICATE NOLOERNAMED TOTNE LEFT, BUT FAILURE TODD S09HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURET109 AGENTS OR PTMP3 8 ACORD CORPORATION 1955 03/01/05 TUE 16:55 FAX 0 . (j� 003 EXCERPTS FROM: Hartford Farm SS 00 08 03 00 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 2. f. Additional Insureds by Contract, Agreement or Permit (page 11 of 21) Any person or organization with whom you agreed, because of a writte contract or agreement or permit, to provide insurance such as is afforded under this Business Liability Coverage`T—brin, but only with respect to your operations, 'your work" or facilities owned or used by you. However, coverage under this provision does not apply: (1) Unless the written contract or agreement has been executed or a permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury". (2) To any person or organization included as an insyred_uaderproXsion g. (BroacLFpfM-- Vendors). (3) To any other person or organization shown in the Declarations as an Additional Insured. E.S. separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As If each Named Insured were the only Named Insured, and b, Separately to each insured against whom a claim is made or "suit" is brought. E.7. Other Insurance - Primary Additional Insured If the written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in WHO IS AN INSURED, this Other Insurance Provision is applicable (a) This insurance is primary. We will not seek contribution from other insurance available to the person or organization with whom you agree to include in WHO IS AN INSURED .. EXCERPT FROM Hartford Form SS 00 05 06 96 COMMON POLICY CONDITIONS K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 2. Applicable to Business Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. ACORD, CERTIFICATMOF LIABILITY INSURMCE 06/02/05°""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Pasadena, CA 91101 RECEIVED ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 626 844-3070 INSURERS AFFORDING COVERAGE INSURED -10 11\I ,mob S RERA: Hartford Casualty Insurance Co. Vandermost Consulting Serviceraffi c INSURER B: St. Paul Fire & Marine Ins. Co. 27312 Calle Arroyo San Juan Capistrano, CA 92675 CITY cl-E RK ERC: U.S. Specialty Insurance Company SAN JUAN SURERD: INSURER E: 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YV POLICY EXPIRATION DATE MM/DDM' LIMITS A GENERAL LIABILITY 57SBAKY2920SC 11/22/04 11/22/05 EACH OCCURRENCE s2,000,00-0 FIRE DAMAGE (Any one fire) $300000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY s2,000,000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS - COMP/OP AGG $4000000 POLICY PRO- FLOC JECT A AUTOMOBILE LIABILITY ANY AUTO 57UECUN1813SC 11/22/04 11/22/05 COMBINED SINGLE LIMIT $1,000,000 (Ea accidenti BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY $ (Per accident) HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ (Peracaident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND VVVA7503897 06/01/05 06/01/06 XWcsTIM fSATIU OTH- EMPLOYERS'LIABILm' E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE-EAEMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional US051082301 04/29/05 04/29/06 $1,000,000 per claim lability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Well Site No. 5 Creek Crossing City of San Juan Capistrano is named as an additional insured as respects general liability for claims arising from the operations of the named Insured. AD City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SHOULD MYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _11A DAYSWRRTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT, BUTFAILURE TODOSOSHAL IM POSE NO OBLIGATION OR LIABILITY OF ANY KIND U PON TH E INSURER,ITS AGENT70R ACORD 25-S (7197)1 of 1 #M128842 NLS 0 ACORD CORPORATION 19811 0 0 EXCERPTS FROM CA 00001 (1001) HARTFORD BUSINESS AUTO COVERAGE Additional Insured: SECTION II — LIABILITY COVERAGE 1. WHO IS AN INSURED: The following are "insureds" c. Anyone liable for the conduct of an "insured"... but only to the extent of that liability. Primary Insurance: SECTION IV — BUSINESS AUTO CONDITIONS B. General Conditions - 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provide by this Coverage Form is excess over any other collectible insurance. c. Regardless of the provisions of paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract". Cross Liability Clause: SECTION V — DEFINITIONS G. "Insured" means any person or organization qualifying as an insured in the Who is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. EXCERPTS FROM HA9916 (0302) HARTFORD COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT 15. WAIVER OF SUBROGATION — We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. EXCERPTS FROM: Hartford Form SS 00 08 03 00 BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 2. f. Additional Insureds by Contract, Agreement or Permit (page 11 of 21) Any person or organization with whom you agreed, because of a written contract or agreement or permit, to provide insurance such as is afforded under this Business Liability Coverage Form, but only with respect to your operations, "your work" or facilities owned or used by you. However, coverage under this provision does not apply: (1) Unless the written contract or agreement has been executed or a permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury". (2) To any person or organization included as an insured under provision g. (Broad Form Vendors). (3) To any other person or organization shown in the Declarations as an Additional Insured. E.S. Separation of insureds Except with respect to the Limits of insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7. Other Insurance - Primary Additional Insured If the written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in WHO IS AN INSURED, this Other Insurance Provision is applicable. (a) This insurance is primary. We will not seek contribution from other insurance available to the person or organization with whom you agree to include in WHO IS AN INSURED.... EXCERPT FROM Hartford Form SS 00 05 06 96 COMMON POLICY CONDITIONS K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 2. Applicable to Business Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. rJ 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org July 18, 2005 Vadermost Consulting 273 Calle Arroyo San Juan Capistrano, CA 92675 Attention: Julie Vandermost Dear Ms. Vandermost: Jwaw, /� IR[RRIOIAifI � FSRAIOSXRp I 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDUN A fully executed, original Personal Services Agreement related to regulatory coordination associated with replacement of Estanga Pipe Crossing is enclosed for your records. Thank you for maintaining documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, Eric Bauman, Water Engineering Manager (949) 487-4312. you Meg proNhan, CMC cc: \,-EriCBauman, Water Engineering Manager Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 10 Ponted on recycled paper