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06-0901_WARE ENTERPRISES, INC._Personal Services Agreement0 • PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 11 dayof Aq(AW-i 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Ware Enterprises, Inc., Professional Land Surveyors (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide a trail location survey and legal description for the Los Mares Equestrian Trail; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than August 25th, 2006. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed four thousand four hundred dollars ($4,400.00), as set forth in Exhibit "A," attached and incorporated herein by reference. 0 0 3.2 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the 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. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to 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. 0 0 Section 6. Changes to Scone 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. 3 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 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 provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/anyone occurrence/not limited to contractual period. 14.2 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. 0 0 0 14.5 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. 14.6 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=s General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.7 Notice of Cancel lation/Term!nation 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. 14.8 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.9 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 maybe 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. 5 0 0 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: Brian Ige, Engineering Assistant To Consultant: D. Mark Ware, Land Surveyor Ware Enterprises, Inc. 2109 Via Gavilan San Clemente, CA 92673 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 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. 0 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO CONSULTANT By: �� , PR.cs. ATTEST: D, A1Aklt W 44 M et R. Monahan, City Clerk APPROVED ASTO ORM: John R. Sha City Attorney PACity ManagerWttomey SharedWgreements\PersonalSemicesAgreement.doe 7 0 0 THIS AGREEMENT is made and entered into this (9 day of j Lam'( 2006, by and between the City of San Juan Capistrano (hereinafter refer ed to as the "City") and Ware Enterprises, Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide a trail location survey and legal description for the Los Mares Equestrian Trail; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than August 25th, 2006. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed four thousand four hundred dollars ($4,400.00), as set forth in Exhibit "A," attached and incorporated herein by reference. 0 9 3.2 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the 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. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to 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 Subcontractina and Assianment. 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 0 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. 3 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 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 provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: V 0 0 $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 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=s General Counsel 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. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 0 0 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: Brian Ige, Engineering Assistant To Consultant: WARE 6011RPPSFS 0 TOC, 2109 ViA GAVILAN SAN CLF -* EF TE , CA 911613 ATS": -D, MAiLK WAUj Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). E 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. APPROVED AS TO FORM: John R. Sha ity Attorney CITY OF SAN JUAN CAPISTRANO By: a 0- -S CONSULTANT By: LS 5 DD PRS - D. M A K WARb FL -5 503 I FRF ,))Er''h WA11:>r E,MTfi"P des, -LNG ?,L()9 VIA C-101LAN-, SAN Clf�►��� CA 91b1J 94l-661-9 ►56 601ALL: PLS5,03I0—PAc6VJ-•NE PACity ManagerWttomey ShareaAgreementsWemonalSer iwsAgreement.dm 7 0 0 D. Mark Ware, Professional Land Surveyor Ware Enterprises, Inc. EMAIL:pis5O3l@pacbeU.net 2109 Via Gavilan, San Clemente, California 92673 VOICE: 949-661-9156 FAX.•949-366-9611 EXHIBIT "A" SCOPE OF SERVICES Los Mares Trail Phase 2 Prima Deshecha Landfill Trail Location Survey and Legal Description Conduct a survey of the existing trail in question as shown on the exhibit supplied by the County of Orange Integrated Waste Management Department. The survey will based on the control from the previous Los Mares Trail Location Survey and will tie into the original trail as shown on the supplied exhibit. Prepare a legal description of the new Trail for inclusion in a Deed by others. FEES -PAYMENT SCHEDULE 1. Trail Location Survey and Legal Description $4400.00 TOTAL $4400.00 Please read Assumptions and Exclusions. Fees to be paid upon completion of work. FILENAME: C:\Documents and Settings\Mark Ware\My Documents\My Proposals\CITY OF SJC - LOS MARES TRAIL PHASE 2 PROPOSAL.do2 Last printed 7/3/2006 3:25 PM CIT l OF SAN J AN CAPIST INTERDEPARTMENTAL MEMOPa FROM: John Shaw, City Attorney TO: DEPT: f j City,Attorney DEPT: PATE: Document Review P}iONE EXT: nq SUBJECT: RED INK u USN" REM PLEASE COMPLETE IN ct consultant reement, contra NOTE: IF TNIS 1S A tease describe document, i•e• ag � ATTACHED ARETHE FOLLOWING [p Q agree nt, eta,): approval and signature _ V (1) For your review and comment (2) For your [ 1 (3) For your information [ .) (4) As requested [ ] (5) . [) PLS (A) Keep for your files [ ) (A) When completed, return to: ExE: (C) DatelTim e needed: CITY ATTORNEY'S COMMENTS n VA Wqr� ��rOriSFs. AwFo ln5vrrµ.,ce , CERTIFICA OF LIABILITY INSURA E DATE 72/2o6 PRODUCER (949) 263-0606 FAX (949)263-0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Complete Insurance, Inc. California DOI #0437762 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 19000 MacArthur Blvd., PH Flr Irvine, CA 92612-1447 INSURERS AFFORDING COVERAGE NAIC # INSURED Ware Enterprises, Inc. INSURERA: Fidelty & Guaranty Ins Co 2109 Via Gavilan WSURERB: St. Paul Fire & Marine Ins Co San Clemente, CA 92673-5641 INSURERC: (C/O St. Paul Travelers, MN) INSURER D: INSURER E'. COVERhGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 DD' 7YpE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRATION LIMITS GENERAL LIABILITY OK02178733 04/01/2006 04/01/2007 EACH OCCURRENCE f 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 500,00 CLeJMS MADE Fx-1 OCCUR MED EXP (Arty one person) f 10,000 A PERSONALS ADV INJURY f 11000,000. GENERAL AGGREGATE f 2,000,00 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO f 2,000,00 POLICY X JET LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LNAR f (Ea eCtitlanU ALL ONMED AUTOS SCHEDULED AUTOS BODILY INJURY f (P. parson) BODILY INJURY f (Per�M) HIRED AUTOS NON-ONMEDAUTOS PROPERTY DAMAGE f (Per.kle e) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT f OTHER THAN EA ACC f AUTO ONLY: ADD f ANY AUTO EXCESS/UMBRELLA LIABILITY EACHOCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE f f f DEDUCTIBLE f RETENTION $ WORKERS COMPENSATION AND BW02178741 04/01/2006 04/01/2007 X I VJC STATu- I -,N- B EMPLOYERS'LIABILRY ANY PROPRIETORIPARTNER/EXECUTNE OFFICER EMBER EXCLUDED? NX... describe antler SP ECIALPROVISIONSWe E. L. EACH ACCIDENT S 1,000 OO E.L. DISEASE -EA EMPLOYE f 1,000,00 E.L. DISEASE-POLICY LMR f 1,00D QQ OTHER 10 day notice applies to non-payment and/or non-reporting DESCRIPJION OF OPERATIq NS/LOCATIONS/VEHICLE / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS --e 7- Holtler is Additiona11 Insured as respects General Liability but only if required by written greement with the Named Insured prior to an occurrence and as per coverage form CL/BF26090903. overage subject to all policy terms, conditions and limitations. CERTIFICATE HOLDER 9ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAK City of San Juan Capistrano 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Brian Ige, Engineering Assistant BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 32400 Paseo Adel auto OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, San Juan Capistrano, CA 92675 AUTHORRED REPRESENTATIVE Alicia I ra MICHMA ACORD 26 (2001/08) (DACORD CORPORATION 1988 0 0 ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: Ware Enterprises, Inc. Fidelity & Guaranty Ins. Co. POLICY NUMBER: BK02178733 POLICY PERIOD: 04/01/06 to 04/01/07 ADDITIONAL INSURED: City of San Juan Capistrano Thi5 summary endorsement modifies insurance provided under the following: Additional Insured: The following is added to Section II. WHO IS AN INSURED: Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" of "advertising injury" is fust committed, but only with respect to that person's or organization's liability arising out of 'your work" for that person or organization. However, such person or organization is not an insured with respect to any: (1) 'Bodily injury", "property damage", "personal injury" or "advertising injury" that does not arise out of (a) Yom negligence; or (b) The negligence of another person or organization for whom you are liable; (2) 'Bodily injury", "property damage", "personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) "Property damage" to: (a) Property owned, used or occupied by, or loaned or rented to such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; or (c) "Your work" performed for the insured; or (4) "Bodily injury" "property damage" "personal injury" or "advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "ptofessional service", when such person or organization is an architect, engineer or surveyor. Aggregate Limit of Insurance (Per Project): The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. Notice of Cancellation: We may cancel this policy by mailing (first class mail only) or delivering written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for non-payment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. Other Insurance: The following replaces SECTION W.Conditions, 5. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non-contributory with, 'other insurance" issued directly to a person or organization added as an additional insured under Section II. WHO IS AN INSURED 2.; if you specifically agree, in that written contract of agreement, that this insurance must be primary to, and non-contributory with, such "other insurance". This insurance will then be applied as primary insurance for damages for 'bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance". Separation of Insureds: Except with respect to the Limits of Liability, and any rights or duties specifically assigned in this Coverage Part 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 claim is made or "suit" is brought. Transfer of Rights of Recovery and Proceeds Against Others to Us (Waiver of Subrogation): The following is added to Section IV. Conditions, g.: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an Additional Insured under WHO IS AN INSURED, 2.: a. Because of payments we make for 'bodily injury', "property damage", "personal injury" or "advertising injury' arising out of "your work" in ongoing operations or included in the "products - completed operations hazard"; and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury' or "property damage" occurs or the offense that causes the "personal injury" of "advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. Countersigned by Authorized Representative CL/BF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Printed to U.S.A. Abbreviated permission, Copyright, Insurance Services Office, Inc. 2001 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Ak r'I ACORD CERTIFICA OF LIABILITY INSURA E o /24/2 0 ) PRODUCER (949)263-0606 FAX (949)263-0906 Complete Insurance, Inc. California DOI /f0437762 19000 MacArthur Blvd., PH Flr Irvine, CA 92612-1447 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC III INSURED Ware Enterprises, Inc. 2109 Via Gavilan San Clemente, CA 92673-5641 INSURER& St. Paul Fire & Marine Ins Co INSURERS: (c/o St. Paul Travelers, MD) INSURER C'. INSURER D INSURER E: rtflVPRAT':PC 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 DD'NRRN rypE OFINSURANCE POLICY NUMBER PCUCYEFFECTVE POUCYEXPIRATION DATE IMMJDI� LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S CLAIMS MADE f OCCUR MED UP (" aro person) S PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPNOP AGG 5 IRI LOC POLICY JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT S (Ee auitlem) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (Per peraan) HIREDAUTOS NON-OVMED AUTOS BODILY INJURY S (Per waden1) PROPERTY DAMAGE $ (Per atti M) GARAGE UABIUTY- AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC 5 AUTO ONLY: AGO S EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR OCLAIMS MADE AGGREGATE S S S DEDUCTIBLE 5 RETENTION S WORKERS COMPENSATION AND W'C $TATU- OTH- EMPLOYERS' LIABILITY EL EACH ACCIDENT S ANY PROPRIETORIPARTNEWEXECUTNE E. L. DISEASE -EA EMPLOYE i OFFr ERMEMBEREXCLUDED? M yea, a aX unser E.L. DISEASE - POLICY LIMB $ SPECIAL PROVISIONS belov A roessional Liability OP03806077 04/01/2006 04/01/2007 $1,000,000 Per Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 0 day notice applies to non-payment City of San Juan Capistrano Attn: Brian Ige, Engineering Assistant 32400 Paseo Adelanto ' San Juan Capistrano, CA 92675 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 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY REPRESENTATIVE ACORD 25 (2001108) CACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 2b (2001108) 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano. org July 21, 2006 D. Mark Ware Ware Enterprises, Inc. 2109 Via Gavilan San Clemente, CA 92673 Dear Mr. Ware: MEMBERS OF THE CITY COUNCIL SAM ii iL7L�' (✓//�jy� LEVATO WERN1�f DANELBATHGATE EST WWI] I 1961 WYATT HART 1776 JOE SOTO DAVID M. SWERDLIN A Personal Services Agreement related to providing a trail location survey and legal description for the Los Mares Equestrian Trail is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 13. Insurance. Although we have received a certificate of insurance, the following documentation is required: ♦ General Liability, Automobile Liability, Worker's Compensation and Errors and Omission Coverage. ♦ Our agreement requires an endorsement form for the General Liability and Umbrella policies naming the City of San Juan Capistrano as additional insured. We need a separate endorsement form, including the policy number. 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, Brian Ige Engineerin Assistant (949) 443-6350. Please call at (949) 443-6309 if you have qu sti�pr>'s rggaXng the forms of insurance needed. ira Clerk cc: OOrian Ige, Engineering Assistant San Juan Capistrano: Preserving the Past to Enhance the Future Today's Date: Zago oto • • Transmittal Routing (Check All That Apply) ❑ City Attorney ® City Manager ® City Clerk CONTRACT TRANSMITTAL CIP No. (if any): 1/5J Project Manager's Last Name: 1 GE Phone Extension: 050 Council or CRA Meeting Date (if applicable): APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair WCity Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street City St Zi Ware Enterprises, Inc. 2109 Via Gavilan San Clemente CA 92673 OTHER INSTRUCTIONS: Please sign the agreement and have the City Clerk Attest the authorization. C2 Form Date: 01-2004 D-7 Ll JUL-25-2006 02:40P FROM:STRTE ERRM INS. 9491492 532 TO:3669611 P.111 CERTIFICATE OF INSURANCE ,xsuvsxu URANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that N STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Tons, or ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: Darl and Carolyn ware ADDRESS OF NAMED INSURED: 2109 VIA GAVILAN, SAN CLEMENTE. CA 92673 POLICY NUMBER 1216355BI075 1386126A1975 EFFECTIVE DATE OF POLICY 2-10-2005 7-19-2005 DESCRIPTION OF VEHICLE Onciuding VIN) DO Ford B250 05 CREW 02500 LFTNE24LBYHB12212 IGCHC29U35E249303 LIABILITY COVERAGE N YES ❑ NO N YES ❑ NO ❑ YES ❑ NO ❑.YES ❑ NO LIMITS OF LIABILITY a. Bodily Injury Each Person 250,000 250,000 Each Accident 500,000 500,000 b. Property Damage Each Accident 100,000 100,000 c. Bodily Injury 6 Property Damage Single Limit Each Accident PHYSICAL DAMAGE COVERAGES N YES ❑ NO N YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO a. Comprervenew $1,000 Deductaft $ 1, ODD Deductible $ Deductible $ Deductible N YES ❑ NO N YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO b. collision $1,0130 Deducllbie $1,000 Deduclibb $ Deductible $ Deduarole EMPLOYE ABIBIN COVERZ CAR ❑ YES N NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIABILITY HSE CARCOVERAGE ❑ YES N NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO FLEET -COVERAGE FOR �Ow VEHI �Uca4sED ❑ YES N NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 800 E AVENIDA PICO, SUITE Q SAN CLEMENTE, CA 92673 949-492-5900 INTERNAL STATE FARM USE ONLY: U Request permv t CeMlcem of IMulance Tor IiabilRy coverage. 122120.2 Rev. MIO -2004 0 Request GAlBosts Holder to be added as an Additional Insured. 0 0 D. Mark Ware, Professional Land Surveyor Ware Enterprises, Inc. EMAIL: p1s5031 @pacbell.net 2109 Via Gavilan, San Clemente, California 92673 VOICE: 949-661-9156 FAX:949-366-9611 EXHIBIT "A" SCOPE OF SERVICES Los Mares Trail Phase 2 Prima Deshecha Landfill 1. Trail Location Survey and Legal Description Conduct a survey of the existing trail in question as shown on the exhibit supplied by the County of Orange Integrated Waste Management Department. The survey will based on the control from the previous Los Mares Trail Location Survey and will tie into the original trail as shown on the supplied exhibit. Prepare a legal description of the new Trail for inclusion in a Deed by others. FEES -PAYMENT SCHEDULE 1. Trail Location Survey and Legal Description $4400.00 TOTAL $4400.00 Please read Assumptions and Exclusions. Fees to be paid upon completion of work. FILENAME: C:kDocuments and SettingskMark Ware\My DocumentsNy ProposalskGITY OF SJC - LOS MARES TRAIL PHASE 2 PROPOSAL.dc2 Last printed 71312006 3:25 PM 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www. sanjuancapistrano. org TRANSMITTAL TO: D. Mark Ware, Land Surveyor Ware Enterprises, Inc. 2109 Via Gavilan San Clemente, CA 92673 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO 1,(�p'' IADRYOAIifA DANE BATHGATE ' fSlAetllMfo WYATT HART {%%rl JOE SOTO • • DAVID M. SWERDLIN FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: Personal Services Agreement An original, executed agreement, related to survey and legal description for the Los Mares Equestrian Trail, is enclosed for your records. Thank you for maintaining current documentation with our office related to meeting insurance requirements. If you have questions concerning the agreement, please contact Brian Ige, Engineering Technician (949) 443-6350. Our office can assist you with questions related to insurance documentation. CC: Brian Ige, Engineering Technician Nasser Abbaszadeh, Engineering & Building Director San Juan Capistrano: Presewing the Past to Enhance the Future • CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: amillltM i Tec¢hntallg; FROM: Christy Swanson, Secretary DATE: September 15, 2006 SITUATION: f 'NO CI� 491ou On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with Ware Enterprises Inc to provide survey and legal description for the Los Mares Equestrian Trail. ACTION REQUESTED: Said Agreement states services shall be completed by August 251h 2006. On August 22, 2006, said agreement extended to September 30, 2006 for possible ongoing support. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: h y e�,iruv-t K&'S flee n C1'Dv1P t.1-' Kd DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: r0/� ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 08/21/06 09/15/06 Deadline Date: 08/25/06 09/30/06 (600.30Avare) 9O 0 qk CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Brian Igo, Engineering Technician FROM: Christy Swanson, Secretary DATE: August 21, 2006 On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with Ware Enterprises Inc to provide survey and legal description for the Los Mares Equestrian Trail. ACTION REQUESTED: Said Agreement states services shall be completed by August 25`", 2006. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: B-1-EN0 70 SEPTEM6EK 30, zOOLo WL)AK HAS BEEN Su6sTArnAu-Y Ca^PLfTeo, r3UT MaY KCVUjPE QN 6CING SuPfOe—T FCR THE OEXT MorfrH UNOErt THE Cvh'RFNT PSA. DATE WHEN NEXT ACTION (S) SHOULD BETAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: &A zlo(a 'FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 08/21/06 Deadline Date: 08/25/06 (600.30/ware)