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.
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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.
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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.
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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.
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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.
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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.
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•
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
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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.
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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
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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
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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:
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$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.
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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
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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:
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CITY ATTORNEY'S COMMENTS n
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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
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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)