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04-0601_STEWART & ASSOCIATES_Personal Services Agreement (2)E PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of June, 2004, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as the "Agency") and Stewart and Associates (hereinafter referred to as "Consultant"). RECITALS WHEREAS, Agency desires to retain the services of Consultant regarding the Agency's proposal for Annual Maintenance of the Arroyo Trabuco Conservation Area; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, Agency 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 June 30, 2005. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this project shall not exceed ($28,875.00) Twenty Eight Thousand, Eight Hundred Seventy -Five Dollars. 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 Agency. The Agency will pay monthly progress payments based on approved invoices in accordance with this Section. -1- �L 9 0 For extra work not part of this Agreement, a written authorization from Agency 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 Agency. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency'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 Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency 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 Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. 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 Agency, 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 Agency, it shall immediately inform Agency of this and shall not -2- 0 0 proceed with further work under this Agreement until written instructions are received from the Agency. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall complywith 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. Indemni . Consultant agrees to protect, defend and hold harmless Agency, 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 12. 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. v/12.1 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; -3. 0 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 12.2 Comprehensive Automobile Liability. -/ Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period ✓12.3 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. 12.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the Agency Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 12.5 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 Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. -4- 0 0 12.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 13. Termination. Agency 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 14. 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 Agency: Agency of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Douglas Dumhart To Consultant: Stewart & Associates 1600 Calle Negocio, Suite D San Clemente, CA 92672 Attn: Ed Stewart Section 15. 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 16. 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"). -5- 0 0 Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Agency By:--N� Diane Bathgate, airman Consul R Stewart, StewartAssociate Agency Secretary AS TO FORM: John R. Sha , Agency Counsel C:�DOUGLASWGMrSWTEWART.PSA04-05.DOC -6- I . • 0 EXHIBIT A Scope of Work Annual Maintenance of the Arroyo Trabuco Conservation Area as established by the Lower Rosan Ranch Offsite -Wetlands Mitigation Project. Annual Maintenance is to minimally include approximately 1,750 person hours for the following activities: • Maintenance and scheduling of irrigation system as necessaryfor proper soil moisture; and, • Collection and removal of trash within the revegitation area; and • Weeding nine times (9x) a year to achieve no more than 15% weed cover as specified in ACOE permits; and, • Quarterly cutting and treating of arrundo with appropriate herbicide. CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Douglas Dumhart, Economic Development Manager FROM: Mitzi Ortiz, Deputy City Clerk DATE: May 16, 2005 SITUATION: At their meeting on May 18, 2004 the City Council of the City of San Juan Capistrano approved a Personal Services Agreement with Stewart and Associates for maintenance services related to the Arroyo Trabuco Conserva ion ACTION REQUESTED: Said Agreement shall terminate by June 30, 2005. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: G� at,4� FY 066S DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: 91 3o z�5 SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: 41�465 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 05/16/05 Deadline Date: 06/30/05 (600.40/stewart) COPY STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INS UatANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-01-2005 GROUP: POLICY NUMBER: 1462110-2005 CERTIFICATE ID: 18 CERTIFICATE EXPIRES: 04-01-2006 04-01-2005/04-01-2005 SAN CAPISTRANO COMMUNITY REDEVLOPMENT AGENCY 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days' advance written notice to the employer. We will also give you 10 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is notaninsurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. X" 6 AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. EMPLOYER E. STEWART AND ASSOCIATES, INC. 1000 CALLE NEGOCIO SAN CLEMENTE CA 92673 LEGAL NAME E STEWART AND ASSOCIATES, I� (IEV.3-03) PRINTED: 03/17/2005 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX ' www.sanjuancapistrano.org March 14, 2005 E Stewart & Associates 1060 Calle Negocio, Ste D San Clemente, CA 92672 J� IX(AIPAARifA fSARAfI$XfX 1776 MEMBERS OF THE CITU COUNCIL RE: Compliance with Insurance Requirements —Weed Abatement/Annual Maintenance of the Arroyo Trabuco Conservation Area The following insurance document is due to expire: ✓ Workers Compensation Certificate 04/01/2005 SAM ALLEVATO DIANE BATHGATE WVATT 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 expi�^n datq). If you}lave any questions, please contact me at (949) 443-6309. cc: Dodoas Dumhart, Economic Development Manager Jack GalaJiz, Public Works Manager Michelle Perea, Administrative Assistant San Juan Capistrano: Preserving the Past to Enhance the Future 0 Premed on rerycled paper ACbBQR 'CERTIFICAT F LIABILITY INSURANC DATE(MM DOmvv) PRODUCER THIS CERTIFICATE IS UED AS A MATTER OF INFORMATION Prendiville Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE g y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 27134A Paseo Espada, Suite 323 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Juan Capistrano, CA 92675 ("�D 949 487-9696 ♦ INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Scottsdale Insurance Company E. Stewart & Associ a.--IxLc. P I= I IrysuRERB: Truck Insurance Exchan e MRq 130 Avenida Barcelo INSURER C: San Clemente, CA 92672 INSURER D: CITY CLERK INSURER E: rnvcoencc 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. INR LTR DL NSRD P POLICY NUMBER E PATIE EFFECTIVE DATC M VDD/ YON LIMITS GENERAL LIABILITY ENCE $ 11000, 000 occurence $ 100,000 X COMMERCIAL GENERAL LIABILITY neperson) $ 5.000 CLAIMSMADE � OCCUR DVINJURY 11030,000 MAGGREGATE A X GREGATE $ 2,000,000 CLS0988986 02/04/05 02/04/06 GEN'L AGGREGATE LIMIT APPLIES PER: OMP/OPAGG $ 2,000,000 X POLICY 7 jECOT- F LOC AUTOMOBILELIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANYAUTO (Eaamideet) BODILYINJURY $ ALLOWNEDAUTOS X SCHEDULED AUTOS (Per Person) BODILYINJURY B X X HIREDAUTOS 60248-54-84 08/14/04 08/14/05 X NON-OWNEDAUTOS (Peraccident) $ PROPERTY DAMAGE $ (Peramident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC $ ANYAUTO AUTOONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ rI OCCUR u CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERSCOMPENSATIONAND I TORYLIMITS ER E.L. EACH ACCIDENT $ EMPLOYERS'LIABILITY ANY PROPRIETORPARTNER XECUTIVE E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUMM SPECIAL PROVISIONS below IAL PROVISIONS E.L. DISEASE -POLICY LIMIT 1 E OTHER DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS 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 N -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 BKFFQRE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL SS OD_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. i _ / 1 i ACORD25(2001/08) OACORD C IMPORTANT C� If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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(2001I08) POLICY NUMBER: CLS040986 COMMERCIJOGENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Orpniaation: SCHEDULE THE CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (If no entry appears above, information requited to complete this cadOrscmcd will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of "yrntr work" for that Insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc. 1984 Feb 01 05,04:16p 949 49 9626 p.1 • PRENDIVILLE INSURANCE AGENCY 27134 A PASEO ESPADA, SUITE 323 SAN JUAN CAPISTRANO, CA 92675-5708 BUS: (949) 487-9696 *AX; (949) 487-9626 LICENSE #0740433 FAX COVER SHEET DATE: February 01, 2005 TO: Maria Guevara FAX #: (949) 493-1053 FROM: Krissy Casilla Number of pages including cover sheet: 3 RE: E. Stewart & Associates, Inc. Please find the following Certificate of Insurance for E. Stewart & Associates, Inc. If you have any further questions or requirements, please contact me at (949) 487-9696. 949 487 9626 P•2 Feb 01 05.04:16P Ank- A DR& CERTIFICATE W LIABILITY INSURANCE DATE(MMIOOJYYYY) a PRODUCCR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Prendiville InSurance Agency 27134A Paseo Eapada, Suite 323 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Juan Capistrano, CA 92675 444 487-9696 INSURERS AFFORDING COVERAGE NAICS INSURED INSURCRA Scottsdale Insurance ccPpany 9. Stewart 6 Associates, Inc. INSURER B. Truck Insurance Bxchance INSURER 130 Avenida Barcelona San Clemente, CA 92672 INSURER D' NSURER E. COVERAGE$ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFRIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHCR DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TI IE IN3URANUt AFFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS .TR SRP TPF IN N POLICY NUMBER POLI TE EFFECTIVE GATE POLICY EXPIRATION nnTF MMIDDAN LIM10 GENERnI I -ABILITY EACH OCCURRENCE S 1,000,000 $ COMMERCIAL GENERALLIABBITT CLAIMSMAOE Fx i OCCUR PREMISES Es 0=u . S 50,000 MCO EnP pn,one rvlem�) rj 000 PERSONAL 6 ADV INJURY 5 1.000.000 A iC GENERAL AGGREGATE E 2,000,000 CLS0988986 02/04/05 02/04/06 GEN'L AGGREGATE LIMIT APPLIES PER PnODUcT6. Ca.pmr AGG S 2,000,000 PR AVTOMOBLLELIABILITY ANYAUTO COMBINED SINGLE IIMIT y j, OOO, 000 (EAECOdonI) BODILY INJURY S lPerDSEuuI S( ALLOW NDDAUTOS 9[4EDULE0AUTO$ B X% TE HIRED AUTOS NON.OWNEDAUry6 60248-54-84 08/14/04 08/14/05 BODILYIWURY Ipws-`d M1 S PROPERTY DAMAGE B (Pnaaldonl) CAnADE LIABILITY AUTOONLY. EAACCIDENT S OTHERTHAN FAACCS ANYALRO AUTOONLYAGu S EACESSIUMONELLA LIABILITY S OCCUR 0 CLAIMSMADE S ZAGGnEGATE DEDUCTIBLERETENTION S S ER E L EACH ACCIDENT S EMPI OYFRS' LIABILITY ANr EL DISEASE - EA EMPLOYE S EAA1(I 0EATEXCLUDNEIIECUrIY� OINDEAMEMBEA EXCLUDED' IIy 1 docnb0undb 91'ECIAL PROVISIONS DO" GL. DP.uOE-POGCTIwrt S OTHCR EicnIFT Wn Un UYtRATIOnS / LOCM 10n5I vGHIGItD/ tnLlU51Urv5 nwtu P. ¢rvuvna[mcn I arc�mvm,•laonw The San Juan Capistrano community Redevelopment Agency and the City of San Juan Capistrano are Named as Additional Inatired as Their Intareete May Appear as Respects: Weed Abatement/Annual Maintenance of the Arroyo Trabuco Conservation Area r nawTnsr.r emrnwi _ vvnrbT in nnV NnTTVR FOR NON-PAYMENT OF PRRMITIM— San Juan Capistrano Community Rodevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 92675 SHOULD ANY OF THE ABOVC DESCRIBED POLICIES BE CANCELLED GGFL)RE 1 NC EXPIRATION IATF T14EPEOF TME IGSUMC INCURCn WILL ENOGVOR N "1' UU_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO TNF LEFT. BUT TAILURE TO GO SO SHALL IMPOSC NO OBLIGATION OR LIABILITY Or ANY KIND UPON THE INSURER. 116 AGCNTS ON 111 Feb D1 05. 04: 16P IMPORTANT 949 497 9626 P'3 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be indorsed. A ctatcment nn this cendicatc does not confer rlgnt5 to the certificate holder In lieu of such endorsemem(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policicc may require an endorsement. A statement on this certificate does not confer nghts to the certificate holder In lieu of such endarsement(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 certlfkato holder, nor does it affinnativoly or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CORE) 25 (2001/09) 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX www.sanjuancapistrano.org January 21, 2005 Stewart & Associates 1060 Calle Negocio, Ste D San Clemente, CA 92672 iuerramu 6@IOSAFI I 1961 1776 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: SAM ALLEVATO DIANE L. SATHGATE WYATT HART JOE SOTO DAVID M. SWEMUN ✓ General Liability Certificate 02/04/2005 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. ✓ Other Information Please provide insurance certificate with the San Juan Capistrano Community Redevelopment Agency named as certificate holder. 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 A have any questions, please contact me at (949) 443-6309. Administr#t a Secretary cc: Douglas Dumhart, Economic Development Manager Jack Galaviz, Public Works Manager Michelle Perea, Administrative Assistant San Juan Capistrano: Preserving the Past to Enhance the Future . CORD,. CERTIFICAIOOF - LIABILITY INSURA E AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE 02/19/2004 02/1 M/2004 RODUCER (949) 487-9696 Prendiville Insurance en Agency 27134A Paseo Espada, Suite 323 San Juan Capistrano, CA 92675 - TYPE OF INSURANCE 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 Stewart 6 Associates 1130 Avenida Barcelona San Clemente CA 92672- INSURER A: Scottsdale Insurance Co. INSURER B: / / INsuRERc EACH OCCURRENCE $ 1,000,000 NSURER D: INSURER E: X COMMERCIAL GENERAL LIABILITY DLAIMSMADE IKOCCUR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ?NSR LTR NSRL TYPE OF INSURANCE POLICY NUMBER ATE (MWDDCY / ) DATE MWDDIYY)POLICY N LIMITS GENERAL LIABILITY / / / / EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 50 , 000 PREMISES Ea occurrence $ X COMMERCIAL GENERAL LIABILITY DLAIMSMADE IKOCCUR CLS0988986 02/04/2004 02/04/2005 MED EXP (Any one on) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000.000 A X / / / / GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICYF_j JEF-1 LOC AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT ANY AUTO (Ea accident S BODILY INJURY ALL OWNED AUTOS / / / / SCHEDULED AUTOS (Per person) 9 BODILY INJURY (Per accident 9 HIRED AUTOS NON -OWNED AUTOS / / / / PROPERTY DAMAGE (Per amiden9 t GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO / / / / AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY / / / / EACH OCCURRENCE $ OCCUR F� CLAIMS MADE AGGREGATE $ 5 $ DEDUCTIBLE / / / / $ RETENTION $ WORKERS COMPENSATION AND/ / / / TORY LIMITS OTR EMPLOYERS' LIABILITY ANY PROPRIETOR(PARTHERIEXECUTNE E.L. EACH ACCIDENT $ E L. DISEASE - EA EMPLOYEE e OFFICE"EMBER EXCLUDED? / / / / If Yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER IESCRIPIION OF OPERATIONS/LOCATIONSNEHICLESl XCLUSIONS ADDED BY ENDRSEMENT)SPECIAL PROVISIONS 'he City of San Juan Capistrano and the San Juan Capistrano Community Redevelopement Agency are Named as Additional Insured as Their Interests May Appear as Respects: lead 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 - CORD 25 (2001108) 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 REPRESENTATIVE INS025 (0100) s ELECTRONIC LASER FORMS, INC. - (800)321-0S 6 L I 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. CORD 25 (2001/08) ..; INS025 �owe)as Paye 2 of 2 Kar 30 04 04:46p • 949 9626 P,2 POLICYNUMBER. cl,S098898b COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsvioent modifies insurance provided under the following' COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organlcation! THE CITY OF SAN CAPISTRANO AND TNF. SAN JUAN CAPISTRANO CCMMUNI'TY REDEVELOPMENT 32400 PjjSGO ADCI.ANTO SAN all AN CAPISTRANO, CA 9267S (II no entry appears dbove, information renuired to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to includc as an incnred 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 rcnt- ad to you. CG 20 26 11 85 Copyright, Insurance Services Office. Inc, 1984 Page 1 of 1 AGRN'tr20?" 1.10 PRENDIVILLE INSURANCE AGENCY 27134 A PASE.O ESPADA, SUITE 323 SAN JUAN CAPISTRANO, CA 92675-5708 RI I$c (940) 487-9696 PAX: (949) 487-9626 LICENSE #0740433 FAX COVER SHEET DATE: March 03, 2004 T0: Maria Guevara FAX #: (949) 493-1 OS3 FROM: Krissy Number of pages including cover sheet: 3 RE: The following Certificate of insurance is for Stewart & Associates, per your request. The original has been mailed. Thank You!` Q t .d 9296 L8b 6i6 d92:ir0 b0 EO Jew Ma949 jJ7 9626r 30 04 04:46p • PRENDIVILLE INSURANCE AGENCY 27134 A PASEO ESPADA, SUITE 323 SAN JUAN CAPISTRANO, CA 92675-5708 DU9_ (949) 487-9696 CAX: (949) 487-9626 LICENSE #0740433 FAX COVER SHEET DATE: March 30, 2004 TO: Maria Guevara FAX #: (949) 493-1053 FROM: Krissy Number of pages including cover sheet: 2 1w E. Stewart & Associates, Inc. The following is an Additional Insured Endorsement for E. Stewart & Associations, Inc. Please receive this to complete your file. Contact the with any additional requirements. Thank 1_- ACOR.Q, CERTIFICATE OF LIABILITY INSURANCE —� THIS CERTIFICATE IS ISSUED AS A MATTER OF PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE Prendry le Insurance Agency HOLDER, THIS CERTIFICATE DOES NOT AMENC 271 3 FaacO Eopada, Seita 323 ALTER THE COVERAGE AFFORDED BY THE POLIC San Juan Capistrano, CA 92675 INSURERS AFFORDING COVERAGE (949) 487-9696 INSURED INSURERA Tr v)L Tnourance Exchange ` Stewart b Associates INSURERB: 130 Avenida Barcelona INSURERC DATE CERTIFICATE EXTEND OR T IF FOLIOTG OF INuVRANCf_ LIC.TCD BELOW I IAVC DECN IwUCD TO TI IE IIY VRED NAMED ABOVE FOR THE POLICY PEH100 IIVOICATEO. NOTWITn$n\NUINO ANY RFOUIRE,MFNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEU BY IME 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 LTR TYPE OF INaURANOE POLICY NOMDER POLICY EFFECTIVE DATE MM1001YY POLICY EXPIRAnnN DATE MILDD/YY LI6 Mll GENERAL UASILITY LACH OCCLJRRFNCE FIRE DAMAGE tAny we Rlr) k COMMERCIAL GLNEHAL UABILU Y MED EXP IArN one er3onl f CLAIMS WOE OCCUn PERSONAL S AOV INJURY r GENERAL AGGREGATE. GFN'I ACCRFGATF. L IMITAPPIJ ES PER: PRODUCTS - COMFIDP AGG 4 POLICY JE T 71 LOC AUTOMOBILE LIABILITY ANY AUTO / / / , COMBINED SINGLE LIMIT (Ea Rco4en11 1 1, DOG, 000 BODILY INJURY All OWNED AUTOS 60249-54-94 08/14/2003 08/14/2004 SCI IEDULFO AUTOS (Fn lKgpn) f X BODILY INIURY A X HIRED AU LOS / / / X NON-OWNEDAU10S IPer ecaeen0 PROPFNIY IAMAI:F (Per acOeenD GARAGE LIABILITY AUTO ONLY - EA ACCIUENT OTHFRTHAN EAACC 3 ALIIUUNLY: AGO ANY AUTO EXCESS LIABILITY EACH OCCURRENCE AGGRE(VTF 3 OCCUR L71 CLAIMSMADC 3 DEDUCTIBLE RETENTION SEmPLOYERS WORKERS MFEF1ATION AND I TY TORY IMIT$ EF C.L. LAM I ACCIDFNT EL DISEASE-0,17MPLOYEE8 I E.L. DISEASE-POUCYLIMIT 3 OTHER DESCRIPTION OF OPERATIONSAOCATONSNEHICLES(EXCLLIEIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ,The City of San- Jean•. OalFiatranm<;and thm- Ban Juan Capistrano Community RaMev02opmant-Agency are Named as AidityonaA Lmu—d na Theme[ In LJCNOtO Gay APPoar as RRpPOC<O-. wood Abatement/Annual maintenance of the Arroyo TrabuCO Conservation Ar99 -CANCELLATION- EXCEPT 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER X I ADDITIONAL INSURED' INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT The City Of San ,Tuan CaECLS trano FAILURE TO OO SO SHALL IMPOSE NO OBLIGATION OR LNBILITY OF ANY KIND UPON THE Attn: City Clark's Office INSURER. ITS AGENTS OR REPRESENTATIVES. 32400 Paseo Adelanto AUTHORIZED REPR r San Juan Ca ietrano CA 92675- - ACORD 25•S (7197) NJ ACORD CORPORATION 1988 1,..- INS025S (9910) a' ELECTRONIC LASER FORMS, INC - (0)0)341-0545 Pape 1 m2 �-A 9798 /Rb RbR dOT;ZO EO LO 2nH 0 OTHOLDER COPY SG STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-01-2004 GROUP: POLICY NUMBER: 1462110-2004 CERTIFICATE, ID: is CERTIFICATE EXPIRES- 04-01-2005 04-01-2604/04-01-2005, SAN CAPISTRANO COMMUNITY REDEVLOPMENT AGENCY 324Q6 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 This is to certify that wa have ispq6d a valWy I in a fijrm approved by the Yorke0s' Compensation inswr h" po icy California Jnslurance CominIsfoner .. (a the em#$yjparAamed:bel,qyv fofi" ;4*'PW404� fodkOOL This policy is not subject to cancellation, by- the frq except upon 10 days' advanoe whit' notl& to the employer. We will also give you j6 days' ticivan4o'hbitice should Mi be c4hcelled rh;tJoAfj*,, nbima(-*pjretion. This certificate of Insurance isnot an insurance policy and does not amend, extend'vr alter the c4merage, afforded ,V or ',document ich this or may pertain, the ftZirary&64ffo'%0 by the policies fisted herein No withstanding any requirq6.1*0o_�-1,1errTL or condition of ""aryy qqn#-act 'Ve' with �spect to wh by the policies -described 'herein is s ct to all the ieims, May and conditions of, such policies— AUTH6RIZ W, RE PRESeINTNTIV E ��-Pfl SIQSNT `EMPLOYER B,Lr• Dip T $ I i!w RE A 17 Rb 5104;11404%TAl OP 040iTS A xf -�V 'T+ EMPLOYER STEWART AND ASSQCIATES 130 AVENIDA BARCELONA SAN CLEMENTE CA 92672 LEGAL'NAME STEWART, EDWIN W. IFV.3-03) ?RPINTED: 03/17/2004 P0408 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF ln?65 0 S 5 i 8 CIT' OF SPN IUPN fAVISIAPNO+ San Juan Capistrano Community Redevelopment Agency Stewart & Associates 1600 Calle Negocio, Ste D San Clemente, CA 92672 Attention: Ed Stewart Dear Mr. Stewart: n u May 19, 2004 On May 18, 2004 the Board of Directors of the Community Redevelopment Agency approved a personal services agreement related to restoration services to the Arroyo Trabuco Conservation Areas, in the amount of $28,875. An original, executed agreement is enclosed for your records. Thank you for keeping current the required evidence of insurance. Please keep in mind that should this evidence lapse, all work must stop and all payments for work will be withheld until current evidence is received. Please coordinate your work under this agreement with Douglas Dumhart, Economic Development Manager (949) 443-6316. Yours truly, ,CMC ncy Secretary Agreement cc: Douglas Dumhart, Economic Development Manager 32400 Paseo Adelanto San Juan Capistrano California 92675 949-493-1171 0 0 CRA 5/18/2004 B3 AGENDA ITEM To: Dave Adams, Executive Director G10` From: Douglas D. Dumhart, Economic Development Manager Subject: Consideration of Agreement for Restoration Maintenance Services for the Arroyo Trabuco Conservation Area. (Stewart and Associates) RECOMMENDATION: By motion, approve the Personal Services Agreement with Stewart and Associates for FY 04/05 for restoration services to the Arroyo Trabuco Conservation Area in the amount of $28,875.00, and authorize the Chairman to execute the agreement. SUMMARY: A Personal Services Agreement for FY 04/05 restoration and maintenance service has been prepared and is provided as Attachment 1 of this Agenda Report for the Board of Directors' consideration. The Agreement with Stewart and Associates includes services for on-going restoration maintenance of the Arroyo Trabuco Conservation Area. These services were a condition of approval by the Army Corps of Engineers (ACOE) in reviewing the construction plans and specifications for the Lower Rosan Ranch Offsite Wetlands Mitigation Project. The Agency also has a five-year maintenance obligation that includes bi-annual reporting 2 requirements. An independent biological firm will prepare these reports and monitor the conservation area maintenance efforts. ACOE and California Department of Fish and Game (CDFG) required post -construction maintenance and monitoring for a five year period. To comply with the conditions of approval, staff has prepared a Personal Services Agreement with Stewart and Associates for FY 04/05 maintenance services. BACKGROUND: Staff solicited estimates from three qualified firms for FY 03/04 restoration maintenance services. The quotes are as follows: Bitterroot Restoration $66,031.00 Boto Company $63,000.00 Stewart and Associates $28,875.00 On June 17, 2003, the Board approved a Personal Services Agreement with Stewart & Associates for FY 03/04 maintenance in the amount of $28,875. Agenda Report May 18, 2004 Page 2 Stewart and Associates have been on schedule and on budget. Independent Biological monitoring reports have reflected positive on-going maintenance results. At this time, staff is recommending the Board approve the renewal of the Personal Services Agreement with Stewart & Associates for FY 04/05's maintenance. FINANCIAL CONSIDERATION: Funds for the ongoing maintenance and monitoring work have been budgeted for in account #26-65300-4720-R01-000. NOTIFICATION: *Russ Kaiser, ACOE *Spencer Gilbert, CDFG *Paul Walsh, Dudek & Associates *Ed Stewart, Stewart and Associates RECOMMENDATION: By motion, approve the Personal Services Agreement with Stewart and Associates for FY 04/05 for restoration services to the Arroyo Trabuco Conservation Area in the amount of $28,875.00, and authorize the Chairman to execute the agreement. Respectfully Submitted, -01 1 0 1 11 Douglas D, Dumhart Economic Development Manager Attachment 1. Personal Services Agreement Prepared by, Josie Kalbaklian Secretary Ll 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of June, 2004, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as the "Agency") and Stewart and Associates (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, Agency desires to retain the services of Consultant regarding the Agency's proposal for Annual Maintenance of the Arroyo Trabuco Conservation Area; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, Agency 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 June 30, 2005. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this project shall not exceed ($28,875.00) Twenty Eight Thousand, Eight Hundred Seventy -Five Dollars. 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 Agency. The Agency will pay monthly progress payments based on approved invoices in accordance with this Section. -1- ATTACHMENTI 0 0 For extra work not part of this Agreement, a written authorization from Agency 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 Agency. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency'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 Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency 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 Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. 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 Agency, 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 Agency, it shall immediately inform Agency of this and shall not -2- 0 proceed with further work under this Agreement until written instructions are received from the Agency. 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. Indemni . Consultant agrees to protect, defend and hold harmless Agency, 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 12. 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. 12.1 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; -3- 0 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 12.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 12.3 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. 12.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the Agency Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 12.5 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 Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 12.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. -4- 0 0 12.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 13. Termination. Agency 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 14. 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 Agency: Agency of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Douglas Dumhart To Consultant: Stewart & Associates 1600 Calle Negocio, Suite D San Clemente, CA 92672 Attn: Ed Stewart Section 15. 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 16. 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"). -5- 0 0 Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Agency Diane Bathgate, Chairman ATTEST: Margaret R. Monahan, Agency Secretary APPROVED AS TO FORM: John R.q Y= Saw, Agency Counsel 0 C:%DOUGLAS"mrSWTEWART.PSA.040S.DOC �� EXHIBIT A Scope of Work Annual Maintenance of the Arroyo Trabuco Conservation Area as established by the Lower Rosan Ranch Offsite -Wetlands Mitigation Project. Annual Maintenance is to minimally include approximately 1,750 person hours for the following activities: • Maintenance and scheduling of irrigation system as necessary for proper soil moisture; and, • Collection and removal of trash within the revegitation area; and • Weeding nine times (9x) a year to achieve no more than 15% weed cover as specified in ACOE permits; and, • Quarterly cutting and treating of arrundo with appropriate herbicide. 16 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 Fax wwwsatyuancapistranaorg May 19, 2004 Down • N(OPPDEAIfO (STRIIISXfO 1961 1776 �4i�e�►d MEMBERS OF THE CITY COUNCIL NOTIFICATION OF ACTION BY THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY SAM ALLEVATO DIANE L BATHGATE W VATT HART JOE SOTO DAVID M. SWERDLIN On May 18, 2004 the San Juan Capistrano Community Redevelopment Agency met regarding: "Consideration of Agreement for Restoration Maintenance Services for the Arroyo Trabuco Conservation Area. (Stewart and Associates)" Item No. (B3). The following action was taken at the meeting: Personal Services Agreement with Stewart and Associates for Fiscal year 2004-05, for restoration services to the Arroyo Trabuco Conservation Areas, in the amount of $28,875.00, approved; and the Chairman authorized to execute the agreement. If you have any questions regarding this action, please contact Douglas D. Dumhart, Economic Development Manager at 443-6316 for more detailed information. Thank you nk Mitzi &O , 0 �t Deputy City Clerk Cc: Russ Kaiser, ACOE; Spencer Gilbert, CDFG; Paul Walsh, Dudek & Associates; Ed Stewart, Stewart & Associates; Douglas D. Dumhart, Economic Development Manager San Juan Capistrano: Preserving the Past to Enhance the Future E 0 San Juan Capistrano Community Redevelopment Agency NOTIFICATION OF MEETING OF POTENTIAL INTEREST SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY The Board of Directors of San Juan Capistrano Community Redevelopment Agency will meet at 7:00 p.m. on May 18, 2004, in the City Council Chamber in City Hall, to consider: "Consideration of Agreement for Restoration Maintenance Services for the Arroyo Trabuco Conservation Area. (Stewart and Associates)" — Item No. B3 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, May 17, 2004 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Douglas D. Dumhart, Economic Development Manager. You may contact that staff member at (949) 443-6316 with any questions. The Community Redevelopment Agency agenda is available to you on the City's web site: www.sanjuancapistrano.org. Thank you for your interest, Meg Monahan, CMC City Clerk cc: Russ Kaiser, ACOE*; Spencer Gilbert, CDFG*; Paul Walsh, Dudek & Associates*; Ed Stewart, Stewart & Associates*; Douglas D. Dumhart, Economic Development Manager * Received staff report 32400 Paseo Adelanto San Juan Capistrano California 92675 714 - 493-1171