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06-0808_SAN MARINO ENVIRONMENTAL ASSOCIATES_Professional Services Agreement0 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 9* day of August, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and San Marino Environmental Associates (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to conduct fish surveys along Trabuco Creek as determined necessary by the California Department of Fish & Game (DFG) in order to prepare the Environmental Assessment pursuant to the California Environmental Quality Act (CEQA) for Capital Improvement Project 122, Del Obispo Bridge Widening and Circulation Improvements; and, WHEREAS, Consultant is qualified, by virtue of their experience, training, education and expertise, to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than December 31, 2006, provided CITY and the project applicant provide timely information and responses to draft work in a timely manner. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services forthis Project shall not exceed three thousand, six -hundred dollars and no cents ($3,600.00), as set forth in Exhibit "B," attached hereto and incorporated herein by reference. SD 0 0 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "C," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. CIP 122, bel Obispo Bridge Widening Personal Services Agreement-SMEA 2 of 7 August 2006 9 0 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 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. CIP 122, Del Obispo Bridge Widening Personal Services Agreement-SMEA 3 of 7 August 2006 0 0 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 shall indemnify, hold harmless, and defend the City, its Council, officers, agents and employees from and against any and all claims and losses, costs or expenses, including but not limited to any damage due to death or injury to any person and/or injury or damage to any property resulting from any act or omission of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such cost and expense shall include reasonable attorney fees. Notwithstanding any other provision of this section 13, and as a separate and independent covenant and obligation, Consultant shall indemnify and hold harmless, but not defend City, its Council, officers, agents and employees from and against any damage, liability, loss, cost or expense, which arise out of claim, court action, or administrative proceeding challenging City approval of the project for which Consultant is preparing the environmental documents, if it is determined by a court action having jurisdiction that Consultant or any of its agents, employees, or subcontractors negligently performed its services under this agreement. Consultant's obligation to indemnify the City shall include reasonable attorney fees and costs. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A -Class VII or better; or, by Non -admitted, Authorized Insurers approved by the City. 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; CIP 122, Del Obispo Bridge Widening Personal Services Agreement-SMEA 4 of 7 August 2006 0 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage on all owned; or, 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 using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel 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 not be required to maintain Errors and Omissions Coverage. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. CIP 122, Del Obispo Bridge Widening Personal Services Agreement-SMEA 5 of 7 August 2006 0 0 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano Attn: Director of Administrative Services 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Consultant: Jonathan N. Baskin, Ph.D. San Marino Environmental Associates 560 S. Greenwood Avenue San Marino, CA 91108 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. CIP 122, Del Obispo Bridge Widening Personal Services Agreement-SMEA 6 of 7 August 2006 0 0 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 Aareement. 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: d�� Dave Adams, City Manager SAN MARINO ENVIRONMENTAL ASSOCIATES AF'F'KUVtU A6 I U t-UKM: John R. h City Attorney Exhibits: Exhibit A, Scope of Work. Exhibit B, Payment for Services. Exhibit C, Rate Schedule. CIP 122, Del Obispo Bridge Widening Personal Services Agreement-SMEA 7 of 7 August 2006 0 0 SMSA San Marino Environmental Associates Memorandum To: Mr, Bill Ramsey, City of San Juan Capistrano From: Drs. Jonathan N, Baskin and Thomas R. Haglund, Principal Senior Scientists Data: May 25, 2006 Rec Del Obispo Bridge Fish Surveys — Scope and Budged ised The following scope and budget for fish surveys at the Del Obispo Bridge site is based on the photos sent me earlier and previous phone conversations and email messages. Task 1. One time survey of fishes 500 feet upstream and 500 feet downstream of the bridge, with a memo report including results, species found, fish habitat assessment especially for tidewater goby and steelhead trout, possible effects of construction work activities (details not yet known) and possible mitigation measures. This survey will be done prior to June 1"if notice to proceed is given by May 25th. Please note that this date is subject to site access and clearance to proceed from agencies if necessary. The report will be provided within 3 weeks of the survey. Cost -$3.600.00 Task 2 (optional). Tidewater goby protocol surveys if needed will be conducted at the same site, at the appropriate time of year. This is between July 1" and October 1". A protocol survey consists of two site visits (surveys). If no gables are found on the first visit a second visit Is required no fewer than 30 days later. This task includes a report with results including all species found and habitat assessment recommendations. We assume that Task 1 will be implemented and two visits will be needed for this task, Requirements Imposed by regulatory agencies could require additional work. Cost $4.500.00 Both tasks Include all reporting to regulatory agencies as required by permit stipulations. Please note that we consider it unlikely that the goby or steelhead trout will be found at this site. Based on the information provided we do not think that a tarda trapping survey is necessary. The following assumptions are being made: Conditions during surveys will be similar to those represented in the above mentioned communications and photos, Safe and convenient access to the site will be provided by the City. Payment will be provided with 30 days of submission of Invoices by SMF Client insurance requirements will not exceed SMEA's present Insurance coverage. 0 0 Any additional meeting or other work will be charged at SMEA's standard rates. A Fee schedule is attached. Thank you for using the services of San Marino Environmental Associates, 117 Jonathan N. Baskin, Ph.D. Sole Proprietor and Principal Senior Scientist • Page 2 EXHIBIT B, PAYMENT FOR SERVICES Del Obispo Bridge Widening Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to this agreement shall not exceed $3,600. This fee shall include all costs incurred by the CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses necessary to complete all work specified in the "Scope of Work" (Exhibit "A"). Section II. Consultant Payment Schedule: The City agrees to make progress payments to the CONSULTANT according to the following schedule and within thirty (30) days of the submission of invoices for authorized work completed by the consultant: Not more than eighty percent (80%) cumulative of the total contract amount shall be paid at submission of the draft technical report. One -hundred percent (100%) cumulative of the total contract amount shall be authorized for payment at the time the City accepts and approves the final technical report as consistent with the approved scope of work (Exhibit A). • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www sant itwicapistratiO. org TRANSMITTAL TO: Jonathan N. Baskin, Ph.D. San Marino Environmental Associates 560 S. Greenwood Avenue San Marino, CA 91108 DATE: November 28, 2006 IA In RID R HID FST Rmsim 1961 1776 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL SAMALLEVATO DIANE BATHGATE MATT HART JOE SOTO DAVID M. SWERDLIN RE: Conduct Fish Surveys along Trabuco Creek (Del Obispo Bridge Widening and Circulation Improvements) Thank you for forwarding documentation confirming compliance with the terms of the agreement related to insurance. If you have questions concerning the agreement, please contact the project manager, Bill Ramsey, Principal Planner (949) 443-6334. An original, executed agreement is enclosed for your records. Cc: Bill Ramsey, Principal Planner San Juan Capistrano: Preserving the Past to Enhance the Future �) P,mted on 100 % R.ry,d.d Papa, NOV.27.2006 22:11 7078647986 STATE COMP '_NSL'RANCE #0727 P.002 /003 • ORTHOLDER COPY SC STATE PO BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPRNSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-11-2006 CITY OF SAN JUAN CAPISTRANO SC DIRECTOR OF ADMINISTRATIVE SERVICES 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 82675-3603 GROUP POLICY NUMBER- 1224154-2006 CERTIFICATE ID. s6 CERTIFICATE EXPIRES 05-01-2007 05-01-2006/05-01-2007 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE 0 55 DATED 08-11-2006 JOB:CIP 122 DEL OBISPO BRIDGE WIDENING This is to Cil that we have issued a valid Workers' Compensation insurance policy In 8 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 upon30 days advance written notice to the employer We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend of 21101 the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition Of any contract or otner document with respect TO which this certificate Of insurance may be issued or to which it may pertain. the insurance Afforded by the policy described herein is subject to all the terms. exclusions, and conditions. of such policy. =1111ZED81EP*RESENTATr4ll PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT T14CLUDING DEFENSE COSTS: 51,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BASKIN, JONATHAN N. DBA: SAN MARINO ENVIRONMENTAL ASSOCIATES 560 S GREENWOOD AVE SAN MARINO CA 91108 SC [TNS,CM) (REV 2-06) PRINTED - 08-11-2008 NOV.27.2006 22:11 7078647986 STATE COMP INSURANCE fIC727 P.003 /003 • QLICYHOLDER COPY Sc STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INS U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE OATS' 08-11-2006 CITY OF SAN JUIN CAPISTRANO SC DIRECTOR OF ADMINISTRATIVE SERVICES 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675-3603 GROUP: POLICY NUMBER' 1224154-2008 CERTIFICATE 10 56 CERTIFICATE EXPIRES' 05-01-2007 05-01-2006/05-01-2007 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 55 DATED 08-11-2006 JOB:CIP 122 DEL OBISPO BRIDGE WIDENING 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 .s not subject to cancellation by the Fund except upon30 days advance written notice to the employer We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance Policy and does not amend, extend or alter the coverage afforded by the policy 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 t0 which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, Of such policy THORIZED REPRESENTATI PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BASKIN, JONATHAN N. DBA: SAN MARINO ENVIRONMENTAL ASSOCIATES 560 S GREENWOOD AVE SAN MARINO CA 81108 01N ITN5.CNI utev roll PRINTED ' 08-11-2006 NOV.27.2006 22:11 7078647986 STATE COMP INS"RANCE #0727 P.00: /003 STA'1'L COMPLNSATION INSURANCE FUND FnIRFIELD CUSTOMLR SERVICF CENTER FAX (7 0 7) 8 6 4- 7 9 8 6 PHONF. (877) 405-4545 FACSIMILE 'IRANSMITTAL SHEET 10 DRUM: Malia Morns Tina COMPANY DAIF 11/27/2006 FAX Nt MBLK TOTAL NO Or I'AGLS IN( LADING C,OVFR 949-493-1053 K!. YOUR KLl GKLNLG NLMBLR ❑ URC RNT LI FOA RLVIL))V ❑ VLEASh COMMENT ❑ PT.FASL RLPL1' ❑ PI.RASR RF.CYfT_[ N(1TP $(�;p MMEI3T$ Thank you, Tina i r. CVMPCNSATION INSuuANLC FUND P 0 BON 1002 1 .AIRFIELD CA, 914MS. 8002 C DATEI/YMMM-2 ACO_R_D CERTIFICA OF LIABILITY INSURA SAP1114 14 0066 PRGDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dale Newcomb ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gibson S Company Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15901 Hawthorne Blvd. #200 R E C E i V E Lawndale CA 90260 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. s2,000,000 Phone:310-212-6006 Fax:310-212-5010 INSURERS AFFORDING COVERAGE NAIL INSURED 2. 2n NOV 15 P 2 HUDSON SPECIALTY INS. CO. San Marino Enviromental R B � --_-- ----- -"- -- - - --�-- -- Associates CITY CLERK II' IN3URERC 11 1 - - 560 So. Greenwood AvenT� San Marino CA 91108 JAN JUAN CAPISTR AIfy51JRERD 000,000 S RER 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 SDI'D TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVLTR DATE (MM/DDM' E PDATE MM/ DM' N LIMITS GENERAL LIABILITY EACH OCCURRENCE s2,000,000 A X X. COMMERCIAL GENERAL LIABILITY FEC61Q8036 06/24/06 06/24/07 pq_EMIS_ES jE.EocNw ecel 550,000 CLAIMS MADE i $ OCCUR MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY $2,000 OQQ_ GENERAL AGGREGATE $ 2,000,000 000,000 GEN 'LAGGREGATE LIMIT APPLIES PER. I~ II PRODUCTS - COMP/OP AGGS2, PRO- $ POLICY JECT —LOC AUTOMOBILE _ LIABILITY ' COMBINED SINGLE LIMIT (Ea accident) $1,000,000 A �F ANY AUTO FEC6108036 06/24/06 06/24/07 I _] ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS ''., (Per person) $ HIRED AUTOS BODILY INJURY IIr¢ X NON -OWNED AUTOS (Per amdenQ { — PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY_ EA ACCIDENT �$ ANY AUTO OTHER THAN EA ACC _ $_ - - - AUTO ONLY. AGG $ EX LA LIABILITY EACH OCCURRENCE $ OCCUR i_ J CLAIMS MADE SII AGGREGATE i $ - i DEDUCTIBLE $ $ RETENTION $ KERS COMPENSATION AND WOR_ WG 61AI _F TORY LIMITUS I I_ ERJ LOYERS' LIABILITY - - --�---- -- ' - --- _ _ -- ---'-' I, ANY PROPRIETORIPARTNERIEXECUTIVE E L EACH ACCIDENT - _ $ OFFICER/MEMBER EXCLUDED' I I EL. DISEASE - EA EMPLOVEEIS If yes, describe under -- - - —- SPECIALPROVISIONSbelow EL DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *Cancellation: 10 days for non-payment of premium Certificate Holder is included as an Additional Insured as per form CG 20 10 11 85. CERTIFICATE HOLDER CANCELLATION L._ SANJD 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 CITY OF SAN JUAN CAPISTRANO IMPOSE NO OBLIGATION OR ABILITY OF ANY KIND UPON TlyE INSURER, ITS AGENTS OR MARIA MORRIS 32400 PASEO ADELANTO REPRESENT TIVES. SAN JUAN CAPISTRANO CA 92675 AUTHORREDR N VVE • ` 0 POLICY NUMBER: FEC6102689 COMMERCIAL GENERAL 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 COMMERCIAL AUTO LIABILITY SCHEDULE Name of Person or Organization; CITY OF SAN JUAN CAPISTRANO 32400PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate # 9375 40 CERTIFICA OF LIABILITY INSURAN& OP ID C DATE(MM/DD/YYYY) SANMA-2 11/13/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dale Newcomb ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gibson S Company Insurance 15901 Hawthorne Blvd. #200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# Lawndale CA 90260 `'cn Phone: 310-212-6006 Fax:310-2��i?�I r �� Y _ INSURED INSURERA. HUDSON SPECIALTY INS. NS COnINSURER -CO. -- IN URERB' San Marino Enviromento NOV IS P 2. I Associates 560 So. Greenwood Avenue_ San Marino CA 91108 CITY CLERK INSURERC INsuRERD INSURER 4 $2,000,000 COVERAGES SAN JUAN CAFI THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - -- - POLICY EFFE TIVE POLICY EXPIRATION LNSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YYLIMITS TR A SII GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I# CLAIMS MADE `X OCCUR FEC6108036 06/24/06 06/24/07EMISEIU"U"IItu I EACH OCCURRENCE 'MED EXP (Any oneperson PERBONAL 8 ADV INJURY$ s2,000,000 IESDrDDD_ $5,000 - . 2 , 000,000 GENERAL AGGREGATE 4 $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER _ PRODUCTS - COMP/OP AGG $2,000,000 'X I POLICY PECTRO LOC AUTOMOBILE LIABILITY ANY AUTO "� COMBINED SINGLE LIMIT (Ea accident $ BODILY INJURY (Per person) $ n - ALL OWNED AUTOS SCHEDULED AUTOS - BODILY INJURY (Per accident) - $ HIRED AUTOS NON -OWNED AUTOS i IPROPERTY r F - - DAMAGE (Per accident) $ GARAGE LIABILITY ,AUTO ONLY -EA ACCIDENT $ ;OTHER THAN - -- EA ACC -�-...... $ ANY AUTO -- $ AUTO ONLY AGG EXCESS/UMBRELLA LIABILITY OCCUR I� CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ — - — _i$ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' ITORY LIMITS ER - - —"-'-- E.L. EACH ACCIDENT li $ E.L. DISEASE - EA EMPLOYEE, If yes, describe under E.L. SPECIAL PROVISIONS below DISEASE -POLICY LIMIT I $ OTHER I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS PER FORM NUMBER CG 20 10 it 85. DEPUTY CITY CLERK PLANNING DEPARTMENT MARIA MORRIS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 ACORD 25 f2001/08I DEPUTYC I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATKX GATE 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 INSURER, ITS AGENTS OR REPRESENTATIVES. 1/il AUTHORIZED RERRES I 9 0 POLICY NUMBER: FEC6102689 COMMERCIAL GENERAL 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 SCHEDULE Name of Person or Organization; ATTN: MARIA MORRIS DEPUTY CITY CLERK PLANNING DEPARTMENT 32400PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate # 9375 Tuesday, November 14, 2006 10:42 AM Christy Schmidt (310) 212-5941 p 02 ACORv_ CERTIFICA OF LIABILITY INSURAII GP ID DATE IMWGDO'YYY, 06/24107 SANE4A-2 11/14/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dale Newcomb ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gibson 6 Company Insurance PrASONAI. SGDYINNWY ls2,000, 000 MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15901 Hawthorne Blvd. 0200 ALTER THE COVERAGE A/FORDED BY THE POLICIES BELOW. r V Lawndale, CA 90260 � Phone:310-212-6006 Fa::310-212-5010 '—I PRO. — 1HULICY f JLCI LL1L-1,_y, �•_.-,y"— INSURERS AffORDING COVERAGE ,NAICx wcDRAD I M UMMA: HUDSON 9PSCIALTY INS. CO. ! CUM91Pt0 SMGLt VIAT 1 31,000,000 San Marino Enviromental Associates —'----" --'" 560 So. Greenwood Avenue I (EE—mRo)_ San Marino CA 91108 I INSHRER F J TIM POI If.VpnF IN'fl?Inmrr I IpTCD 0 CLOW I IAVC MI rH MAUrD TO TI'IC INn11RP0N"POAPOVF FOR Tor POI I[YFrRIOOINDICATTO. NOT0TIIFTANO)NO ANY ArM11RrivrNT, TERMOR CONDITION Or ANY f.ONTRAf.T OR OT Irn DnCIIMrNT W PTI I RFSMCT TO WIIICI I T111.S OrRTFICATE MAY BE ISSUED OR ! MAY PERTAIN. TI IC INSIIRANCC AM ON CCU BY'I'HE POLICIES DESCRIBED HEREIN IS SUGJCCT TO ALL TI IE TCRMS. EXCLUSIONS AND CONUII IONS OH SUCH PULICII,S AG6KtGA It LIMP I S SHOWN MAY HAV F AFFN HFI1tICol, HV I•ANJ Ct AIMS. MSR MDD'L ... .._-._- pLI EPP��y�(E pl��y EXPIRA�Ip LTR NSRD TYPEOF INSUIVT% POLICY NUMICR I PDgT��MMIOIYYII iPDA1EIMMNDI'111N E �v Lmmm, DD,ODD - GENERALLUDILIIV ._._ .I A X X; COMMERCIALGtNEHALUABILIIY j FEC6108036 i 06/24(06 06/24107 PHtM15ES(EAecwAIPAf s 501000 r.1 AIAL1 AU OF 1X IMr.11P: MED eAr (AF r"v.,)$5,000 PrASONAI. SGDYINNWY ls2,000, 000 GENERAL AGGRCDATr i$2.000,000 orN+ nnFwrnn+r 1 uun nPP,MR PrA I � rn........r nr,oe ruT 2 , 000 , 000 '—I PRO. — 1HULICY f JLCI LL1L-1,_y, �•_.-,y"— I I AUTOMOBILE LIABILITY ! CUM91Pt0 SMGLt VIAT 1 31,000,000 A ANY AI ITn FEC 630Bp36 !. .� 06/24/06 06/24/07 I (EE—mRo)_ ALL.DWNCD AUTOS DDDILV INJURY SCHEDULED AUTOS I ' IN.r pnr.nnl S i.. X HIOEO I,U+OC I -T_ BODILY INJURY I = ' X_ NDMOWNFD MITOS I I I (Per XNeli)e� - ! PROPERTY DAMnO[ 1 j ...., ... _. I IP., ADOMnD i ............ _.—. GAMGC LIABILITY ___.._� AUTO ONLYEAACCIDCNT OTHEI'THAN LA ACC S I ANYAVIIJ Ann . 3 CXCES40MBRELLA LIABILITY I I EACH UGCURRENCE I $ OCCUR ! CLAIMS MARC I AGGREGATE S __..) .. DEOUCTIOLC 1 S RF.TFNnON g I_ ..... _....... _.. S I INGRAM& COMPENSATION AND ! I TVwTOPv fir___ it EMPLOVCRN• LIMN ITY 1 __ !S ANY PRORUCTOPIPARTNCArXCCUTNC E.l EACH ACCIDENT Orr,ccn,MCMOCr LXtl..IIDCU• F 1 OISF,ASE - EA LMPLUrLLI R SPPflnl PRiN KION}Pnnu. I , FL DIXEISLAt..POI1fV1 M" OTHER I 1 *Cancellation: 10 days for non-payment of premium Certificate Holder is included as an Additional Insured as per form CG 20 10 11 85. C-SANLTN IRIOULD ANY OF THE ABOVE DESGRIBEO POLICIES BE CANCELLED BErORC THE EXPINA rIGN DATE THEREOF. THE ISSUING INSURER WILL ENoNAVRN TD MAY 30• OAysmiTTEN NOTICE TO TIIC CERTIFN:AIE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL MITI OF SAN JUAN CAPI STRAND MARIA MORRIS IMPOSF NO ORLNJJLTIONOR BILJTV AOF ANY XWD UPON Ti INSURED. ITR AGFJJTS CA 32400 PASEO ADELANTO REPRESENT nVEa 'F'!'' f SAN JUAN CAPISTRANO CA 92675 AUTHORQEDR B N nvc - r.1 Gibson 6 Company Insurance Q..•` AOORD 25 (2001)00) LO ACORD CORPORATION 191111 Tuesday, November 14, 2006 10.42 AM Christy Schmidt (310) 2125941 p 03 • • POLICY NUMBER: FEC6102689 COMMERCIAL GENERAL 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 COMMERCIAL AUTO LIABILITY SCHEDULE Name of Parson or Organization; CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you CG 20 10 11 85 Copyright. Insurance Services Office, Inc.. 1984 Certificate # 9375 Tuesday, November 14, 200810:42 AM Christy Schmidt (310) 212-5941 Gibson Wompany Insurance Brokelanc. 15901 Hawthorne Blvd., Suite 200 Lawndale, CA 90260 Phone: (310) 212-6006 ext. 3047 Fax: (310) 212-5941 Attention: Marie Morris Company, City of San Juan Capistrano Fax Number: (949) 661-5451 Voice Number: From: Christy Schmidt Company: Gibson & Company Insurance Fax Number: (310) 212-5941 Voice Number: (310) 212-6006 Subject: Certificate of Insurance Comments: Date: 11/14/2006 Number of Pages: 3 ear Ms. Morris: er our telephone conversation I am faxing the revised certificate of surance for San Marino Environmental Associates. I will put the riginal in the mail, hank you, hristy Schmidt P.01 Mcrday, November 1 2006 4.26 PM Christy Schmidt (310) 212-5941 Gibson ecompany Insurance Brokeenc. 15901 Hawthorne Blvd., Suite 200 Lawndale, CA 90260 Phone: (310) 212-6006 ext. 3047 Fax: (310) 212-5941 Attention: Maria Morris Company: Deputy City Clerk Fax Number: (949) 661-5451 Voice Number: From: Christy Schmidt Company: Gibson & Company Insurance Fax Number: (310) 212-5941 Voice Number: (310) 212-6006 Subject: Certificate of Insurance Comments: Date: 11/13/2006 Number of Pages: 3 )ear Ms. Morris: am faxing a copy of the certificate of insurance for San Marino Avironmental Associates. I will put the original in the mail. 'hank you, )hristy Schmidt /// q1, 6 i� P.01 Monday, Notemher 13, 2006 4.26 PM Christy Schmidt (310) 21 p 02 ACORD,,, CERTIFICA'T'E OF LIABILITY INSURANCE DIP z sDAiiMiesANwa1G PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dale Newcomb ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gibson a Company Insurance HOLDER. THIS CERTIFICATE DOES NOT AFAFND, EXTEND OR 15901 Hawthorne Blvd. 4200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lawndole CA 90260 Phone'310-212-6006 Fax:310-212-5010 INSURERS AFFORDING COVERAGE NAICAt Irisuw° msuRrRA HUDSON SPECIALTY INS. CO- Irvsunen D San Mlrino Enviromental AaaOOiatae p 1NSUNFH I. .... ...—.___.. ___. _. San Ma no CA 91109 NnugrA n ! 560 30ri. Greenw od Avenue _._.__ _ TIP POIalt$ OF INWHANU LISTED OCL OWI PVT APtN ISSUtU IU IML IN:ILInrn NAMFrI ARCIVE FUN HtI`OLIGYPERIOD INDICATFO NOTWITK51MOING ANY Rr0U1NbMtN 1. I'EnM 011 CONDITION or -ANY ,ON I HAL I UN OTHER DOCI IMrNT W i I H Ht SHLL I I U WMI6H T wi crRDFICATF MAY FE IiSU[U UB WY Pr RTAIN. 1Ht- INSUNANCt Al I URDEC BY 7111' POI RIIFS nHSCIUBtU MERLIN In SIM JF1:T TO AI. I, IHt ILHMS, EXCLUSIONS AND CONORIONCI OH SUCN r Q%.Mti, AGGRr WP I {M0$$HI)WN MAY HAVE DCCN RrCilrFO W RAMI tLAIMG. 45RADDLjPOCICVEFF=,IJVF'POLICY EXrIRATION _ TR 1N6R4 TYPEOF INSUMNCE POLICY NUMBER UAFFIMM/(LOIYY) 10ATE IMMVDDIYYI -- LIMITS - _ GENERAL LIABILITY !EACH OCCtIn RCNrr t 2, 000, 000 A X LUMMERfaAL GrNrnAI IIADII ITY FEC6108036 06/24/06 06/24/07 _- pq ¢c nn� n,J� H45D 1.000 LLAIMS MADE '`XJ OOC(IR ! MLO t,AH IAAY ere yt 1001 ;55,000 _ IPCR :ONAI AnI)y ONJVNY i2, 000,000 1FN1, qLI NLGAIt LIMA All4C3 PCR' ''. LkN"ALA LNEDATE ;92,000,000 PgOOp1.i4 (TIMI /UI qO4:s2,000,000 X rourY irr°° l uc `....... AUTOMODIL6 I IAHR n T — I- ! CQ.01 CL ]MN Lt LIMIT .__. ANY AUTO ;IEJtlxill[III) i - ALL nwwrn nu7n: - glIIIIII Y INJVHY _. SLHtOULCD n11TOS IHInCO NITO^----- ❑ODILYINJURV I _--NDN IiWNFI1 AI/IUu (PCI t'I<rni) GARAGE LIADILITY ANY AUTO I I 1 - FXCE53/UMBRELLA LMIT' OIL 1T- UCCUN CLAIMS WOF DCDIMTIN r k\IFNIIIIN } WORKERR COMPENSATIOH ANTI EMPLOYFRS' LIABILITY ANY PROrR1/TORIPARTNFkItALLU I IVt GFFILFR.t,M0t1( GACLUDCD7 CERTIFICATE 10 11 05. PROPFRTY 11AMA11 i i (I'Bi pGaUe,ll) ' �- I �AI ITD ONIY.YAALIdUtNi IF --__� rnm_r, t j OTIIrR TI qN , AIA 0ONLY _ �ADO � S — CAfll Orf,IIRRFN(tp 1 Ar (nEfni1' ! t it � ..1TnAY I IMI I$ Ell --- i I e1. EACH nrr.InrNT I,t L. UI5tA$C CACMPLOYr('1 — : E L. DlSrnsr POI ICY LIM11 1 I .. .... . _.. .....__ JIDNS 1 LOCATIONS I VEHna ES I EACLI/SIDNS 40000 DV ENnO0.5EiMFNT / SPEdAI PROVISIONS HOLDER IS NAMED AS ADDITIONAL INSURED AS PER FORM NUMBER CG 20 DEPUTY CITY CLERK PLANNING DEPARTMENT MARIA MORRIS 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 DEPUTYC SHOULDANYOr THE ABOVCDESCRIVEP POLIPES BE CANCELLED BCFORC 7NE kEPIRAno DATCTHEREOF,IHH ISSVINGIN5URER WILL ENDEAVOR TO MAIL 30 TAYSMITTEN NO 1'1CR TO THE CERTIFICATE NOLUCR NAMED TO 1.1 FFT, BUT FNLURE TO DO SO SMALL IMPOSE NO ODLIGAPON OR LIABILITY OF ANY KIND UPON THE N611RER, NS AGENTS OR REPRESENTATIVES. -4 1988 Monday, Nofember 13, 2006 4.26 PM Christy Schmidt (310) 212-5941 _ _ p.03 POLICY NUMBER FEC6102689 COMMERCIAL GENERAL 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 COMMERCIAI GENERAL LIABILITY SCHEDULE Name of Person or organization; ATTN: MARIA MORRIS DEPUTY CITY CLERK PLANNING DEPARTMENT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that Insured by or for you CG 20 10 11 85 Copyright Insurance Services Office, Inc , 1984 Cedificaie✓r 937s