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03-1114_STEWART & ASSOCIATES_Construction ContractCONSTRUCTION CONTRACT �T�H�IS C NTRACT is made and entered into, to be effective, this day of U WU , 2003, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and STEWART AND ASSOCIATES, hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that Contractor and its subcontractors, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by the City's written directive. In case of any discrepancies, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-1 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the City's written directive, at Contractor's own expense, all labor and materials necessary, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: South Open Space Landslide Repairs. Work to include: implementation of erosion control measures. Section 4. Scope of Work. The work to be done shall be as directed by written directive from the City's Public Works staff. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within ten (10) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7. 8 and 9 hereof. Section 6. Time is of the Essence. CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-2 0 0 Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. City shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather which exceeds the number of calendar days estimated by the City and set forth in Section 5 hereof; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-3 . , 0 0 No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C - 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. Section 9. Changes in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City -furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-4 0 E source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the City's written directive, unless a change therefrom is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-5 City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of Five Hundred Dollars ($500.00) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Eight Thousand Three Hundred Fifty-seven dollars and Eighty-four cents ($8,357.84) as itemized on the attached Exhibit "A." Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS 8-6 since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of the amount of each such progress estimate and material cost until the Final Payment. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-7 0 0 employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis -Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis -Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis -Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis -Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-8 0 r Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workdav: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-9 0 0 Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages; Inspection: Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight -time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. .. - - Mi CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-10 0 0 Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-11 0 f.� the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A -Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $1,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per -occurrence $1,000,000 aggregate, separate Basis for this project. Automobile liability, including $1,000,000 per occurrence non -owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. Section 17. Risk and Indemnification. City agrees to save and indemnify Contractor harmless against any and all liability, claims, judgements, costs, and demands arising out of Contractor's performance of work under this contract. CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-12 • 0 Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-13 0 0 D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-14 0 0 Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seq., regarding resolution of construction claims for any claims which arise between the Contractor and the City. Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-15 P 0 To Contractor: STEWART AND ASSOCIATES 1060 Calle Negocio, Suite D San Clemente, CA 92673-6294 CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-16 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY /OFFSSAN JUAN CAPISTRANO By: Pamela Gibson, Interim City Manager X0101101 • •. / :rI rel . . • W A ret R. Monahan, City Clerk APPROVED AS TO FORM: By; q c�� Jo R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT SOUTH OPEN SPACE LANDSLIDE REPAIRS B-17 0c?t 08 03 09:37a October 8, 2003 Ed *wart 949-4 4961 STEWART AND ASSOCIATES 1060 Calle Negocio, Suite D San Clemente, CA 92673-6294 (949)498-9250 Mr. Peter Salgado City of San Juan Capistrano Proposal for Cerro Rebal/Las Ramblas Trail Slide Repair Materials - Desilting Fence: $ 400.34 Labor to Install Fence: $1,200.00 Hydroseed: 85,000 square feet with wood cellulose fiber, fiber matrix, and non -irrigated seed mix at $.0795 per square foot: $6,757.50 TOTAL: $8,357.84 Please call should you need additional information. Ed Stewart p.2 JFx01&T- "A • APA09aR CERTIFICATEWF LIABILITY INSURANCE I �� /,;, nr � PRODUCER 1W THIS CERTIFICATE SUED AS A MATTER OF INFORMATION Prendiville Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR '.. 27127 Calls Arroyo, Suite 1925 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. '.. San Juan Capistrano, CA 92675 949 487-9696 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Scottsdale Insurance Company INSURERB:Truck Insurance Exchancre E. Stewart & Associates, Inc. INSURER C: 1000 Calle Negocio 1 INSURER D: San Clemente, CA 92673 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Lia DD'L NERD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATEMMMONY POLICVEXPIRATION DATEMM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE E 1 OOO OOO PREMISES Ea onn rtence $ 100 QQQ X COMMERCIAL GENERAL LIABILITY CLAIM$MADE C OCCUR MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1 QQQ QQQ . A X GENERAL AGGREGATE CPS0681231 02/04/05 02/04/06 GEN'L AGGREGATE LIMIT APPLIES PER: L$2,000,000 PRODUCTS -COMPIOPAGG 2 000 000 X POLICY JECOT LOC AU' r OMOBILELIABILITY ANYAUTO COMBINED SINGLE LIMIT $ 1'00 Q'QQQ (Ea accident) BODILY INJURY $ I (Per person) I X ALL OWNED AUTOS SCHEDULED AUTOS B X IIS X X HIREDAUTOS NON-OWNEDAUTOS 60248-54-84 08/14/05 08/14/06 BODILVINJURY (Peraccitlent) $ PROPERTY DAMAGE $ (Peraccitlenl) L GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANVAUTO AUTOONLY: ADD $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR C CLAIMSMADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY ANY pROPRIETORIPARTNER/EXECUTIVE W TORYLI ITS I I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDEDt EffsCIAL PROVISIONS below SPdescribe under E.L. DISEASE -POLICY LIMIT 1 $ OTHER Comprehensive: ACV B Scheduled Auto 60248-54-84 08/14/05 08/14/06 Collision: ACV Liability Deductible: $500 I DESCHIP I IUN OF UYtHM I IUNS I LUUA I IUNS / V GHIULtS I LAULUJI V NJ HUUGU tlY tNUUHStMGN I / SPECIAL YHUVI51UN5 The City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment Agency are Named as Additional Insured as Their Interests May Appear as Respects: Weed Abatement/Annual Maintenance of the Arroyo Trabuco Conservation Area *CANCELLATION - EXCEPT 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM. The City of San Juan Capistrano Attn: City Clerk's Office 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 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ©ACORD CORPORATION 1988 V ,11 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. ACORD25(2001/08) h 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 PAx www.sanjuancapistrano.org July 25, 2005 Stewart & Associates 1060 Calle Negocio, Suite D San Clemente, CA 92672 MEMBERS OF THE CITY COUNCIL RE: Compliance with Insurance Requirements — Weed Abatement / Annual Maintenance of the Arroyo Trabuco Conservation Area The following insurance document is due to expire: ✓ Automobile Liability Certificate 08/14/2005 SAMALLEVATO DIANE BATHGATE VJYATT HART JOE SOTO DAVID M. SWERDLIN Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration date. If you have any questions, please contact me at (949) 443-6310. Sincerely, MMitzi O Deputy City Clerk cc: Douglas Dumhart, Economic Development Manager Michelle Perea, Administrative Assistant San Juan Capistrano: Preserving the Past to Enhance the Future CIO Printed on rewded Paper ACO CERTIFICA OF LIABILITY 1" INSURA CE DATE(MWDD/YYYY) 06/02/2004 PRODUCER (949) 487-9696 Prendiville Insuranceenc 1T 27134A Paseo Espada, Suite 323 San Juan Capistrano, CA 92675 - 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 # INSURED E. Stewart S Associates, Inc. 130 Avenida Barcelona San Clemente, CA 92672 - INSURERA: Truck Insurance Exchange INSURER B' INSURER INSURER D. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I NSR LTR A"'.L NSRTYPEOFINSURANCE POLICYNUMBER POLICY EP DATE (MWDD/YY1 EXPIRATION DATE (MWDDY LIMITS 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT The City of GENERAL LIABILITY Capistrano / / % % EACH OCCURRENCE $ INSURER, ITS AGENT RREPRESENTATIV . AUTHORIZED REP NT COMMERCIAL GENERAL LIABILITY CLAIMS MADE E OCCUR San Juan Capistrano / / / / DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ _ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO / / / / COMBINED SINGLE LIMIT (Ea accident) $ 1,000, 000 BODILY INJURY ALL OWNED AUTOS 60248-54-84 08/14/2004 08/14/2005 X SCHEDULED AUTOS (Per person) $ BODILY INJURY (Per accitlenl) $ A X X X HIRED AUTOS NON -OWNED AUTOS / / / / PROPERTY DAMAGE (Per accident) e GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO / / / / AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY / / / / EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ s $ DEDUCTIBLE / / / / Is RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY / / / / TORYLIMITS I I OER ANY PROPRIETOR/PARTNER/EXECUTIVE E . EACH ACCIDENT $ EL DISEASE - EA EMPLOYEES OFFICERIMEMBER EXCLUDED? / / / / If yes, descdbe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT I e OTHER DESCRIPTION OF OPERATIONSILOCATIONSVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of San Juan Capistrano S The San Juan Capistrano Community Redevelopment Agency are Named as Additional Insured as Their Interests May Appear as Respects: Weed Abatement/Annual Maintenance of the Arroyo Trabuco Conservation Area -CANCELLATION- EXCEPT 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) O ACORD CORPORA]ITON 1988 01m INS025 (oim,05 ELECTRONIC LASER FORMS, INC. - (800)327-0545 V// Page 1 of 2 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 The City of San Juan Capistrano FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Attri: City Clerk's Office INSURER, ITS AGENT RREPRESENTATIV . AUTHORIZED REP NT 32400 Paseo Adelanto San Juan Capistrano CA 92675- ACORD 25 (2001108) O ACORD CORPORA]ITON 1988 01m INS025 (oim,05 ELECTRONIC LASER FORMS, INC. - (800)327-0545 V// Page 1 of 2 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. 4CORD 25 t6..- INS025 (0108) 05 Page 2 o 2 BUSINESS AUTO DICLARAFTIONS Ix] POLICY ❑ COVERAGE PART ITEM ONE MEMBERS OF FARMERS INSURANCE GROUP OF COMPANIES HOME OFFICE: 4660 WILSHIRE BLVD., LOS ANGELES, CALIFORNIA 90010 NAMED E STEWART Be ASSOCIATES INC INSURED MAILING 130 BARCELONA ADDRESS SAN CLEMENTE CA 92672 0 Prematic Acc't No. 97-2.7-RR6 Agent Prod. Count 6n24R-F4-R4 Policy Number Type of The named insured is an individual ❑ Partnership ❑X Corp. Business WEED ABATEMENT unless otherwise stated: ❑ Joint Venture ❑ Organization (Other than Partnership or joint venture) Policy Period from 08/14/04 (not prior to time applied for) to 08/1 4/05 12:01 AM Standard Time If this policy replaces other coverages that end at noon standard time on the same day this policy begins, this policy will not take effect until the other coverage ends. This policy will continue for successive policy periods as follows: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period su ject to our premiums, rules and forms then in effect. ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS "This policy"provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered autos". "Autos" are shown as covered "autos' for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. iNRMFRf �Ix1UPANRE�\ ���GR09P 56 -51904TH EDITION 6-00 565190-E04 D5190E4 PAGE t OF COVERED AUTOS LIMIT THE MOST WE WILL PAY FOR PREMIUM COVERAGES ANY ONE ACCIDENT OR LOSS LIMITS SHOWN IN THOUSANDS LIABILITY 7 8 9 $ 100 1,277.00 PERSONAL INJURY PROTECTION SEPARATELY STATED IN EACH PIP ENDORSEMENT orequivalent No -Fault Coverae ADDED PERSONAL INJURY PROTECTION SEPARATELY STATED IN EACH ADDED PIP ENDORSEMENT orequivalent added no-fault cov. PROPERTY PROTECTION INSURANCE SEPARATELY STATED IN THE P.P.I. ENDORSEMENT MINUS (Michigan only) $ DEDUCTIBLE FOR EACH ACCIDENT AUTO MEDICAL PAYMENTS 7 $ SEE SCHEDULE 135.00 UNINSURED MOTORIST 7 $ SEE SCHEDULE 31.00 UNINSURED MOTORIST $ PROPERTY DAMAGE UNDERINSURED MOTORISTS(When not $ incl. in Uninsured Motorists Covera e PHYSICAL DAMAGE Actual Cash Value or Cost of Repair, whichever COMPREHENSIVE COVERAGE 7 less minus $ SEE SCHEDULE Ded. for Each Covered 293.00 Auto. But no Deductible A plies to Loss Caused by Fire or "autos'. Lightning. See Item Four for hired or borrowed PHYSICAL DAMAGE SPECIFIED Actual Cash Value or Cost of Repair, whichever is CAUSES OF LOSS COVERAGE Less Minus $25 Ded. for Each Covered Auto for loss Caused by Mischief or Vandalism. See Item Four for hired or borrowed "Autos'. PHYSICAL DAMAGE Actual Cash Value or Cost of Repair whichever is COLLISION COVERAGE 7 less minus $ SEE SCHEDULE Ded. for Each Covered 646.00 Auto. See item four for hired or borrowed "Autos". PHYSICAL DAMAGE TOWING AND LABOR 7 $ 50 for each disablement of a private passenger 41.00 "auto." ACTUAL LIMIT PREMIUM FORENDORSEMENTS 43.00 ESTIMATED TOTAL PREMIUM 2 466.00 iNRMFRf �Ix1UPANRE�\ ���GR09P 56 -51904TH EDITION 6-00 565190-E04 D5190E4 PAGE t OF 60248-54-84 POLICY NUMBER BUSINESS AUTO DECLARATIONS (Continued) ITEM THREE SCHEDULE OF COVERED AUTOS YOU OWN '(LIMITS SHOWN IN THOUSANDS) -5190 4TH EDITION 9-00 585190 -EDA D5190E4 PAGE 2 OF 3 DESCRIPTION TERRITORY PURCHASED Year, Model, Trade Name, Body Type Town & State where Covered Serial Number (S) Vehicle Identification Number Original Actual Cost & Auto will be principally garaged Covered (VIN) Cost New New (N) Auto No. USED U 1FT5X31F12EA98311 CLASSIFICATION Radius ofBusiness Operation use s - service r- retail I Size GVW, GCW or Veh. Seating AgePrimary Group Rating Factor Secondary Rating Factor Code Except for towing, all physical damage lass is payable to you and the loss payee named below as interests Liab. I Phy. Dam. Covered Auto No. c - commercial Capacity may appear at the time of the loss. 1.0000 SEE E1112 COVERAGES -PREMIUMS, LIMITS AND DEDUCTIBLES(Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corres nding ITEM TWO columna plies instead LIABILITY PERSONAL INJURY PROTECTION I ADDED P.I.P. PROP. PROT. Mich. only) 'Limit Premium Limit stated in each Premium Limit stated in each Limit stated in P.P,I. Premium Covered P.I.P. End minus de- Added P.I.P. End. end. minus deduct. Auto No. ductible shown below Premium shown below Total Premium 1,170.01 COVERAGES -PREMIUMS, LIMITS AND DEDUCTIBLES(Absence of a deductible or limit entry in any column below means that the limit or deductible ent in the comespending ndin ITEM TWO column applies instead Covered AUTO MED. PAY UNINSURED MOTORISTS UNINSURED MOTORIST UNDERINSURED MOTORISTS PROPERTY DAMAGE Auto No. `Limit Premium `Limit Premium ~Limit Premium 'Limit Premium Total Premium 135.00 31.0 COVERAGES -PREMIUMS, LIMITS AND DEDUCTIBLES(Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the correspa Ing ITEM TWO column applies instead) COMPREHENSIVE SPECIFIED CAUSES OF LOSS COLLISION TOWING LABOR Limit stated in ITEM Premium Limit stated in ITEM Limit stated in ITEM Premium Limit Per Premium Covered TWO minus deduc- TWO TWO minus deduct Disablement Auto No. tible shown below Premium shown below Total 'remium 01 1 646.00 41.00 '(LIMITS SHOWN IN THOUSANDS) -5190 4TH EDITION 9-00 585190 -EDA D5190E4 PAGE 2 OF 3 AUTO DECLARATIONS (CONTINUED) • PREMIUMS • 60248-54-84 Policy Number STATE ESTIMATED COST OF HIRE FOR EACH STATE RATE PER EACH $100 COST OF HIRE FACTOR(If liab. COV. IS PRIMARY PREMIUM CA THE MOST WE WILL PAY ANNUAL EACH $100 50.00 $ PREMIUM COST OF HIRE Cost of hire means the total amount you incur for the hire of "autos" you don't own(not including "autos" you borrow or rent from your employees or their members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. PHYSICAL DAMAGE COVERAGE ITEM FIVE SCHEDULE FOR NON -OWNERSHIP LIABILITY NAMED INSURED'S BUSINESS LIMIT OF INSURANCE ESTIMATED RATES PER PREMIUM COVERAGES THE MOST WE WILL PAY ANNUAL EACH $100 Number of Employees $ DEDUCTIBLE COST OF HIRE COST OF HIRE ACTUAL CASH VALUE, COST OF REPAIRS OR $ WHICHEVER IS LESS MINUS COMPREHENSIVE $ DED. FOR EACH COVERED AUTO. BUT NO DEDUCTIBLE APPLIES TO LOSS CAUSED BY FIRE OR LIGHTNING. ACTUAL CASH VALUE, COST OF REPAIRS OR SPECIFIED $ WHICHEVER IS LESS MINUS CAUSES OF LOSS $25 DED. FOR EACH COVERED AUTO FOR LOSS CAUSED BY MISCHIEF OR VANDALISM. ACTUAL CASH VALUE, COST OF REPAIRS OR COLLISION $ WHICHEVER IS LESS MINUS $ DED. FOR EACH COVERED AUTO PREMIUM ITEM FIVE SCHEDULE FOR NON -OWNERSHIP LIABILITY NAMED INSURED'S BUSINESS RATING BASIS NUMBER PREMIUM Other than a Social Service Agency Number of Employees 4 $ 57.00 Number of Partners $ Social Service Agency Number of Employees $ Number of Volunteers $ IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Premium shown is payable:$ 2,466.00 at inception. ENDORSEMENTS ATTACHED TO THIS POLICY: IL 00 21 -Broad form Nuclear Exclusion(Not applicable in New York) LOSS PAYEE COUNTERSIGNED BY (Date) Authorized Representative 56-5190 4TH EDITION 6-00 565190-ED4 05190154 PAGE 3 OF 3 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949)493-1053 (FAX) m1vly. sanj uancapistrano. org November 14, 2003 Stewart & Associates 1060 Calle Negocio, Ste D San Clemente, CA 92672 Dear Sir or Madam: Mlonnlun nunnnll I 1961 1776 0 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHN S. GELFF MATT HART JOE SOTO DAVID M. SWERDLIN INTERIM CITU MANAGER PAMELAGIBSON A fully executed, original Construction Contract is enclosed for your records. Please be aware that the Certificate concerning your General Liability Policy and Endorsement form, naming the City of San Juan Capistrano as Additional Insured, is due to expire on December 5, 2003. This documentation must remain current, or all work must stop and all payments will be withheld until current documentation is received by this office. Insurance documentation may be faxed: ATTENTION CITY CLERK, (949) 493-1053, followed by the original, executed certificates & forms. This office will issue a Notice to Proceed when instructed to by the project manager, Peter Salgado, Associate Engineer (949) 443-6366. 11 Yours truly, McR(Monbhan. CMC Contract cc: Peter Salgado, Associate Engineer Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 POLICY NUMBER: CLS0988986 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: THE CITY OF SAN CAPISTRANO AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT 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 as an insured but only with respect to liability arising out of your operations or premises owned by or rent- ed to you. CG 20 26 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 AGENT cg2026a. fap