05-0221_VANDERMOST CONSULTING SERVICES, INC._Personal Services Agreement PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this �2( 1 —day ofc�il�
, 2005, by and between the City of San Juan Capistrano (hereinafter referred
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 assist with the regulatory coordination associated with replacement of the
Well Site No. 5 Creek 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. 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 Ninety 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.
1
SD
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 S. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
2
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City
at least one (1) copy of any final reports and architectural drawings containing
Consultant's findings, conclusions, and recommendations with any support
3
documentation. All reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
4
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the Clerk of the Board's office for
certification that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
5
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Public Works Director
To Consultant: Vandermost Consulting Services, Inc.
27312 Calle Arroyo
San Juan Capistrano, CA 92675
Attn: Julie Vandermost
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.
6
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.
CITY OF SAN JUAN CAPISTRANO
By: QSA,.
DAVID F. ADAMS, CITY MANAGER
VANDERMOST CONSUTLING SERVICES, INC.
By: UaAV1\-
ATTEST:
ar aret R. Monahan, City Clerk
APPROVED AS TO FORM:
() (� 7��
John R S City Attorney
7
VANDERMOST CONSULTING SERVICES, INC.
Government Affairs • Community Relations • Regulatory Assistance
February 2, 2005
Mr. Eric Bauman
City of San Juan Capistrano
Water Engineering Manager
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Subject: San Juan Creek—Replacement of Well Site#5 Crossing
Dear Eric:
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 the Well Site #5, crossing beneath San Juan Creek in the City of San
Juan Capistrano. Our Scope of Work includes the following proposed tasks.
Scope of Work
1. 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:
1. 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 • •
February 2, 2005
Page 2
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,
Julie Vandermost
President
Attachment
Authorization Date
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 $0.37 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
CITY CLERK'S DEPARTMENT-ACTION REMINDER
TO: Eric Bauman, Water Engineering Manager
FROM: Mitzi Ortiz, Deputy City Clerk DATE: August 1, 2005
SITUATION:
On February 21, 2005 the City of San Juan Capistrano entered into a Personal Services
Agreement with Vandermost Consulting Services, Inc. for services related to the
replacement of Well Site No. 5 Creek Crossing.
ACTION REQUESTED:
Said Agreement states services shall be completed within (90) days or by May 22, 2005,
On May 10, 2005, said agreement extended (90) days or to August 20, 2005.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
n C9
yr PP�IQr�` '�✓�'t'/e C � r"'I'l �
DATE WHEN NEXT ACTION//(S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: af/Z�o
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 05/02/05 08/01/05
Deadline Date: 05/22/05 08/20/05
(600.30/vandermost)
CITY CLERK'S DEPARTMENT-ACTION REMINDER
TO: Eric Bauman, Water Engineering Manager
FROM: Mitzi Ortiz, Deputy City Clerk DATE: May 2, 2005
SITUATION:
On February 21, 2005 the City of San Juan Capistrano entered into a Personal Services
Agreement with Vandermost Consulting Services, Inc. for services related to the
replacement of Well Site No. 5 Creek Crossing.
ACTION REQUESTED:
Said Agreement states services shall be completed within (90) days or by May 22, 2005.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
DATE WHWNEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TA/KING ACTION:
�i
DATE SIGNED: FIP / G�
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 05/02/05
Deadline Date: 05/22105
(600.30/vandermost)
03/01/05 TUE 18:54 FAX Z001
VANDERMOST CONSULTING SERVICES, INC.
Govemment Affairs Community Relations • Regulatory Assistance
TO: FAX NUMBER:
City Clerk 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
REGARDING:
ADDITIONAL COMMENTS:
Original to follow vis:
❑ U.S. Mail
❑ Overnight Mail
❑ Courter
❑ Not Applicable
27312 Gallo Arroyo•San Juan Capistrano,California 92875
949.489-2700, EXT.209-Fax 949.489-0309 Itilden@vandermostconsulling.cam
OJ/01/05 TUE 16:54 FAX Z002
.ICOM. CERTIFICAI OF LIABILITY INSURA&EJDATE(MINIDD/VY)
02/18/2005
PRODUCER THIS CERTIFICATE IS ISSUED As A MATTER OF INFORMATION
Dealey, Renton,11 Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
199 S Los Robles Ave Ste 540 . THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Pasadena, CA 91101 PAID CK.# ALTER E COVERAGE AFFORDED BY THE POLICIES BELOW.
526 844-3070 q INSURERS AFFORDING COVERAGE
INSURED FEB 2 I Z URER A, H Word Casualty Insurance Co. __
VandeRnost Consulting Sarvic s, Inc. INSURERS. S Paul Fira 8 Marine Ina. Co.
27312 Calle Arroyo INSURER C' G at American Assurance Co.
San Juan Capistrano, CA 9267 ❑ RECD. - --
INSURER D.
❑ BILLED — —`
:OVERAGES
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.
SRTYPE OF INSURANCE POUC'/NUMBER POTC EFFEOnvE POLICY EXPIRATION
DATE MMI ID MWDDIYY VMRB
A GENERAL LIABILITY S7S8AKY2920SC 11/22/04 * 11/22/05 EACH occuRRENCE _ $2000000
X COMMERCMLGENERALLIABILITY FIRE DAMAGE fAny oro 11M) 3300 DUD
CLAIMS MADE OCCUR MED EXP(AIW ons P.) 310,000
_ PERSONAL 6 ADV INJURY s2,000,000 _
GENERAL AGGREGATE s4,000.000
GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS •COUNOP AGG A4000000 _
POLICY PRP LOC
AUTOMOBILE LIABILITY 57UECUN1813SC 11/22104 11/22/05 COMBINED SINGLE LIMIT
ANY AUTO SEa w6tim) 31,000,OBO
ALL OWNED AUTOS
BODILY,0,, 5
X SLHEDVLEO AUTOS (Pal panoral
X HIRED AUTOS BODILY INJURY
X NON OWNED AUTOS (PA,Apadend S
--. PROPERTY DAMAGE r
(Par ACCIWn)
GARAGE UABIUTY AUTO ONLY-EAACCIOENT S
ANYAUTO OTHER THAN EA ACC S
AUTO ONLY. AGO S
EXCESS LIABILITY EACH OCCURRENCE S
OCCUR CLAIMS MADE AGGREGATE S
DEDUCTIBLE 5
RETENTION S S
WORKER3 COMPENSATION AHD WVA75038117 06/01104 06/01/05 X WC STATU- OTH
EMPIAYERB'UABIIItt E.L EACH ACCIDENT $1,000,000
E L.DISEASE-CA EMP OYEE f1 ODOODO
E�,DISEASE-POLICY LIMB s1 000,000
OTHER Professional EDN320929604 04/29/04 04/29/05 $1,000,000 per claim
lability $1,000,000 annl aggr,
SCRIPTON OF OPERAYIONBILACATIONSIVENICLESIEXCLUWONS ADOeO BY ENDORSEMENTISPECIAL PROVISIONS
=: Well Site No. 5 Creek Crossing
ty of Sin Juan Capisrfaino is named as an additional insured as respects
neralliabilityforojMyrisino from the operation&of the named hi
Bured. �
'RTIFICATE HOLDER ADDRIONALNSUISD:INSURERLETTER: _ CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED T ICIEB BE CANCELLED BEFORE TH E EXRRATON
City of San Juan Capistrano DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAL 30 DAVBWRITTEN
32400 Paseo Adelanto NOTCETOTHE CERTIFICATE HOLDERNAMEOTOTHELEFT,BUTFAILURE TOOOSOSHALL
San Juan Capistrano,CA 92675 IMPOSE NOOPLIGATION OR LIABILITY OF ANY KIND UPONTHE INSUAER.ITSAGENrSOR
REPRESENTATWES.
AUTH REO REPRESENTATVE
ORD 25S(7/97)1 of 1 #.3120996/M114225 PTMP3 0 ACORD CORPORATION 1985
0;/01/05 TUE 16:55 FAX ®003
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 writte%.�?ntract or agreement or
permit, to provide insurance such as is afforded under this Business Liability Coverag—e FPn,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 insgrgd ut1derproyjsion g. (B(oacj Fptm—
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.
EJ.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 OS 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.
Q� Pte`
VII@Ili$: TOGO VAINUCl vmo
DATE
ACORD. CERTIFICAT F LIABILITY INSU CE 06/02/05(MMIDDfYY)
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, obles1 RErEIVED ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
626 844.3070 INSURERS AFFORDING COVERAGE
INSURED 5 ITER A: Hartford Casualty Insurance CO.
Vandermost Consulting ServiceINSURER B: St. Paul Fire&Marine Ins.Co.
27312 Calle Arroyo
San Juan Capistrano,CA 92675sAN DUAN CAPS?R i uREEE U.S.Specialty Insurance Company
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.
INSR POLICY EFFECTIVE POLICY EXPIRATION
L R TYPE OF INSURANCE POLICY NUMBER DATE MMID DATE IMMID LIMITS
A GENERAL LIABILITY 57SBAKY2920SC 11/22/04 11/22/05 EACH OCCURRENCE $2000000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(My one fire) $300000
CLAIMS MADE Fx I OCCUR MED EXP(Any one parson) $10,000
PERSONAL&ADV INJURY s2,000,000
GENERAL AGGREGATE $4,000,000
GEN'LAGGREGATE L'MIT APPLIES PER: PRODUCTS -COMP/OPAGG $4000000
POLICY PRO LOC
JECT
A AUTOMOBILE LIABILITY 57UECUN1813SC 11/22/04 11/22/05 COMBINED SINGLE LIMIT $1,000,000
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
X SCHEDULED AUTOS (Per person) $
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Peraccident)
PROPERTY DAMAGE $
(Per amident)
GARAGE LIABILITY AUTO ONLY-EAACCIDENT $
ANY AUTO OTHER THAN EA ACC $
7
AUTO ONLY: AGO $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR EICLAIMS MADE AGGREGATE $
E
DEDUCTIBLE $
RETENTION $ S
ST
B WORKERS COMPENSATION AND WVA7503897 06/01/05 06/01/06 X IMIfS orH-
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $11,000,000
E.L.DISEASE-EA EMPLOYEE $1,000,000
E.L.DISEASE -POLICY LIMIT 1$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 OPERATONSILOCATIONS/VEHICLES/EXCLUSK/NS ADDED BY ENDORSEMENT/SPECUIL 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.
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION
City of San Juan Capistrano DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL An DAYS WRITTEN
32400 Paseo Adelanto NOTICETOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT,BUTFAILURE TODDSO SHAL
San Juan Capistrano, CA 92675 IMPOSE NO OBLIGATION OR LIABILITYOF ANYKIND UPON THE INSURER,ITS AGENT R
REPRESENTATIVES.
AUTHORUED REPRESENTATIVE
ACORD 2"(7/97)1 of 1 #M128842 NLS o ACORD CORPORATION 1981
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 Foam 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.5. 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.
Client#: 7868 VANDECONS
( M CERTIFICATIWF LIABILITY INSURIOCE oso9//0 D" "'
-;4'C
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 Avenue, Suite 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Pasadena, CA 91101
626-844-3070 INSURERS AFFORDING COVERAGE
INSURED
INSURER A: Hartford Casualty Insurance Co.
Vandermost Consulting Services, Inc. INSURER B: St. Paul Fire & Marine Ins. Co.
27312 Calle Arroyo - - --— nc-- - --
San Juan Capistrano, CA 92675 INSURER C: U S. Specialty Insurance_Company
INSURER D.
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.
,LTR - - - --TYPE OF INSURANCE POLICY NUMBER - NVPOLICY EFFECTIVE ,POLICY EXPIRATION-
LTR - -
LTq ' ' DATE MDD/YY , DATE MM/DD/YY LIMITS
A GENERAL LIABILITY 57SBAKY2920SC 11/22/04 1111/22/05 EACH OCCURRENCE $2,000,000
X 'COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $300,000
CLAIMS MADE It X,i OCCUR MED EXP(Any one_personj $10,000
PERSONAL$ADV INJURY $2,000,000
GENERAL AGGREGATE $4,000,000
GEN'L AGGREGATE LIMITAPPL LPR: IPRODUCTS -COMP/OP AGO i$4,000,000
POLICY PRO LOC
JECT
A AUTOMOBILE LIABILITY 'STUECUN1813SC ,11/22/04 11/22/05 COMBINED SINGLE LIMIT $1,000,000
ANY AUTO (Ea accident t
ALL OWNED AUTOS
BODILY INJURY $
X SCHEDULED AUTOS I,i (Per person)
X HIRED AUTOS BODILY INJURY
' X NON-OWNED AUTOS 1 (Per accident) $
- PROPERTY DAMAGE I$
(Per accident)
GARAGE LIABILITY `AUTO ONLY_EA ACCIDENT $
t
ANY AUTO EA ACC $
OTHER THAN , - -- -
AUTO ONLY: AGG $
SII EXCESS LIABILITY EACH OCCURRENCE $
—I OCCUR _ CLAIMS MADE 'AGGREGATE $
I
$
DEDUCTIBLE is _---- -
RETENTION $ I $
B WORKERS COMPENSATION AND WVA750389706/01/04 ,06/01/05 IX WC STATU- OTH-
EMPLOYERS'LIABILITY TORY LIMITS_..-- ER
K.L.EACH ACCIDENT $1,000,000
El
DISEASEEA EMPLOYEE $1,000,000
I E.L.DISEASE-POLICY LIMIT $1,000,000
C OTHER Professional US051082301 04/29/05 04/29/06 $1,000,000 per claim
Liability $1,000,000 annl aggr.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLEWEXCLUSIONS 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.
CERTIFICATE HOLDER AD DmONAL INSURED;INSURER LETTER: _ CANCELLATION
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of San Juan Capistrano DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL30 DAYS WRITTEN
32400 Paseo Adelanto NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT,8 UT FAILURE TO DO SOSHALL
San Juan Capistrano, CA 92675 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITSAGE YSOR
REPRESENTATIVES.
=ENT
REPRESENTATIVE � — � — e yn
Y
ACORD 25-S(7/97)1 of 1 #M126336 TLV m ACORD CORPORATION 1988
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.5. 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.
dna.,
32400 PASEO ADELANTO '� h� A MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 i ILL7�' �LWd
SAMTO
(949)4931171 /,(
(949)4931053 FAX (J y IBfOnIOAAtFO DIANEE BATHATHGATE
Ff1RB0AfB I �JG� WYATT HART
www.sanjuancapistrano.org 1776 JOE SOTO
• • DAVID M.SWERDLIN
April 5, 2005
Vandermost Consulting Services, Inc.
27312 Calle Arroyo
San Juan Capistrano, CA 92675
RE: Compliance with Insurance Requirements - Well Site 5 - Creek Crossing Line
The following insurance documents are due to expire:
✓ Professional Liability Certificate 04/29/2005
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
expir Kdates. lf have any questions, please contact me at (949) 443-6309.
S' a ueAdministrry
cc: Michelle Perea, Administrative Assistant
San Juan Capistrano: Preserving the Past to Enhance the Future
Printed an reryckC paper
L;IientiF: I tS 111111111kIY V L V V rYJ
ACORD. CERTIFICAM OF LIABILITY INSUMANCE o2;8/005
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
199 S Los Robles Ave Ste 540 ALTER T E COVERAGE AFFORDED BY THE POLICIES BELOW.
Pasadena,CA 91101 PAID CK. #
626 844-3070 INSURERS AFFORDING COVERAGE
INsuRED URER A: H
rt
Casualty Insurance Co.
Vandermost Consulting Servic s, Inc. FEB 2 1 2 INSURER B: S Paul Fire &Marine Ins. Co. _
27312 Calle Arroyo INSURER C' G at American Assurance Co.
San Juan Capistrano, CA 9267 ❑ RECD. INSURER D:
❑ BILLED
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 TYPE OF INSURANCE POLICY NUMBER PDAATELICEN DWnYYB PDATE-EXPIRATION
LIMITS
LTR
A GENERALLIABIUTY 57SBAKY2920SC 11122/04 11/22/05 EACH OCCURRENCE $2000000
X COM M ERCIAL GENERAL LIAR ILITY FIRE DAMAGE(Any we lire) $300000
CLAIMS MADE W OCCUR MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GENERAL AGGREGATE $4,000,000
JAAUTOMOBILE
L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OP AGO $4000000
POLICY PRO- LOC
LIABIDTY 57UECUN1813SC 11/22/04 11/22105 comalNEDSINGLELIMIT $1,000,000
ANY AUTO (Ea accidem)
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per Person)
X HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accidert)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGO $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR E—I CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND WVA7503897 06/01/04 06/01/05 X WCSTArU- OTH-
EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000
E.L.DISEASE-EA EMPLOYEE $1,000,000
E.L.DISEASE-POLICY LIMIT $1,000,000
C OTHER Professional EDN320929604 04/29/04 04/29/05 $1,000,000 per claim
!ability $1,000,000 annl aggr.
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES XCLUSIONS ADDED BY ENDORSEMENTISPECIAL 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.
CERTIFICATE HOLDER ADDMONALINSURED;INSURERLETrER: CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of San Juan Capistrano DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL-In DAYS WFITTEN
32400 Paseo Adelanto NOnCETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,BUTFAILURE TODOSOSHALL
San Juan Capistrano, CA 92675 IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR
REPRESENTATIVES.
AUTH RIZED REPRESENTATIVE
ACORD 25-S(7/97)1 of 1 #S120996/M114225 PTMP3 0 ACORD CORPORATION 1988
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 06 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.
00
32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 ��i 16-1U! SAM ALLEVATO
(949)493-1171 L'Yy IDIDDIODOIED DIANE BATHGATE
(949)493-1053 FAX 6TAI lxm 1961 WYATT HART
www.sanjuancapistrano.org 1776 JOE SOTO
• • DAVID M.SWERDLIN
March 4, 2005
Vandermost Consulting Services, Inc.
27312 Calle Arroyo
San Juan Capistrano, CA 92675
Attention: Julie Vandermost
Dear Ms. Vandermost:
An original, executed Personal Services Agreement related to assisting with the
regulatory coordination associated with replacement of the Well Site No. 5 Creek
Crossing is enclosed for your records.
Thank you for forwarding evidence that the terms of insurance have been met. Please
keep in mind this documentation must be maintained current, or all work under this
agreement must stop and all payments will be withheld until the proper documentation
is received by this office.
You may proceed with the work under this agreement in coordination with the project
manager, Eric Bauman, Water Engineering Manager (949) 487-4312.
Thank you,
Meg onah n, CMC
Ci Clerk
cc: Eric Bauman, Water Engineering Manager
Amy Amirani, Public Works Director
Finance
San Juan Capistrano: Preserving the Past to Enhance the Future
OPnnled as recycled paper
32400 PASEO ADELANTO ��i A MEMBERS OF THE CIN COUNCIL
SAN JUAN CAPISTRANO,CA 92675 �%. IlW1 SAMALLEVATO
(949)493-1171 f,-(��- IAf0A1C1Atf0 DIANE BATHGATE
(949)493.1053 FAX tXlAlliSXm I )B6) WYATT HART
wwwsanjuancapistrano.org 1776 JOE SOTO
DAVID M.SVJERDLIN
February 28, 2005
Vandermost Consulting Services, Inc.
27312 Calle Arroyo
San Juan Capistrano, CA 92675
Attention: Julie Vandermost
Dear Ms. Vandermost:
A Personal Services Agreement related to assisting with the regulatory coordination
associated with replacement of the Well Site No. 5 Creek Crossing is in the process of
being executed. It will be issued upon receipt of required documentation related to
contract terms under Section 14. Insurance.
Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK --
followed by original signed documents. I have enclosed a copy of the agreement terms
for your reference in supplying this documentation.
If you have questions specific to the contact, please contact the project manager, Eric
Bauman, Water Engineering Manager (949) 487-4312. Please call Maria Guevara,
Secretary, (949) 443-6310 if you have questions regarding the forms of insurance
needed.
Thank you,
*IM�,ea , CMC
cc: Eric Bauman, Water Engineering Manager
Amy Amirani, Public Works Director
San Juan Capistrano: Preserving the Past to Enhance the Future
documentation. All reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
4
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the Clerk of the Board's office for
certification that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of CancellationfTermination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
5
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Public Works Director
To Consultant: Vandermost Consulting Services, Inc.
27312 Calle Arroyo
San Juan Capistrano, CA 92675
Attn: Julie Vandermost
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.
6