06-1228_DARNELL & ASSOCIATES_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 22� day of December, 2006, by
and between the City of San Juan Capistrano (hereinafter referred to as the "City") and
Darnell & Associates, Inc. (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to prepare a Traffic Impact Study for the proposed Centra Pointe project for
development of roughly 40,000 square feet of General Office space; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as set
forth in Exhibit 'A" attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of its
profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than February 15, 2007.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Twenty-one Thousand Two Hundred Fifty-five Dollars ($21,255.00), as set forth in Exhibit
"A," attached and incorporated herein by reference.
3.2 Rate Schedule.
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The services shall be billed to the City at the rates set forth in Exhibit "B,"
attached and incorporated herein by reference. Included within the compensation are the
entire Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to perform
the stipulated services. Submittals shall be in accordance with Consultant's proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
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Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work under this Agreement. Should Consultant discover any latent or unknown conditions
materially differing from those inherent in the work or as represented by City, it shall
immediately inform City of this and shall not proceed with further work under this
Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
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Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
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$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Priorto 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 City Clerk's office for certification that the insurance requirements of this Agreement
have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City Clerk's office for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancel lationlferminotion of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
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14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without cause
by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall be
used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
To Consultant: Darnell & Associates, Inc.
1446 Front Street, Suite 300
San Diego, CA 92101
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
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Section 19. Entire A-greement.
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:
Monahan, City Clerk
D AS TO FORM:
John R. S aw, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: Gln%w, --
David F. Adams, City Manager
Darnell & Associates, Inc.
By: G
Bill E. Darnell, P.E.
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E
DRAFT SCOPE OF WORK
AC 04-02 — CENTRA POINTE OFFICES
PROJECT DESCRIPTION: The proposed project involves development of one
one-story and two two-story buildings and parking garage, totaling approximately
39,400 square feet of General Office space with no medical use.
The work required by the City consists of preparation of a traffic report consistent
with the City's Administrative Policy 310, Preparation and Use of Traffic Reports
(see attachment), which addresses the traffic impacts of the proposed project,
including the following:
A. Level of Service (LOS), using both ICU and HCM methods, at the following
intersections based on the City's minimum "D" level -of -service per the
General Plan Growth Management Element (see attachment):
1. Ortega Highway / La Novia Avenue
2. Ortega Highway/ Rancho Viejo Road
3. Ortega Highway / 1-5 Northbound Ramps
4. Ortega Highway/ 1-5 Southbound Ramps
5. Ortega Highway / Del Obispo Street
6. Ortega Highway / EI Camino Real
7. Ortega Highway / Camino Capistrano
8. Del Obispo Street / Camino Capistrano
9. Del Obispo Street / Paseo Adelanto
10, Del Obispo Street / Alipaz Street
11. Camino Capistrano / San Juan Creek Road
12. Camino Capistrano / 1-5 Southbound Ramps
13. Junipero Serra Road / Camino Capistrano
14. Junipero Serra Road / 1-5 Southbound Ramps
15. Junipero Serra Road /1-5 Northbound Ramps
16. Rancho Viejo Road / Junipero Serra Road
17. Rancho Viejo Road / Golf Club Drive / Marbella Plaza
18. Marbella Plaza / Project driveway
19. Rancho Viejo Road / Paseo Espada
20. La Novia Avenue / Calle Arroyo
21. La Novia Avenue / San Juan Creek Road
All traffic counts used for this evaluation shall have been taken within one
year of the notice to proceed for this traffic study. Traffic signal cycle lengths
and PHF used in any calculations shall be verified prior to intersection
calculations being performed.
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Centra Pointe Traffic Study Scope of Work 2 of 4 November 8, 2006
2. Level of Service (LOS), using ADT and peak -hour Link Capacity Analysis
Methodology, on the following links based on the City's minimum "C" level -of -
service per the General Plan Growth Management Element:
1. Ortega Highway: La Novia Avenue - Rancho Viejo Road
2. Ortega Highway: Rancho Viejo Road - 1-5 NB Ramps
3. Ortega Highway: 1-5 NB Ramps - 1-5 SB Ramps
4. Ortega Highway: 1-5 SB Ramps - Del Obispo Street
5. Ortega Highway: Del Obispo Street - EI Camino Real
6. Del Obispo Street: Ortega Highway - Camino Capistrano
7. Del Obispo Street: Camino Capistrano - Paseo Adelanto
8. Del Obispo Street: Paseo Adelanto - Alipaz Street
9. Camino Capistrano: Ortega Highway - Del Obispo Street
10. Camino Capistrano: Del Obispo Street - San Juan Creek Road
11. Camino Capistrano: San Juan Creek Road -1-5 SB Ramps
12. Junipero Serra Road: Camino Capistrano to 1-5 SB Ramps
13. Junipero Serra Road: 1-5 SB Ramps to 1-5 NB Ramps
14. Junipero Serra Road: 1-5 NB Ramps to Rancho Viejo Road
15. Rancho Viejo Road: Junipero Serra Road - Golf Club Drive (2 -lane)
16. Rancho Viejo Road: Golf Club Drive - Ortega Highway
17. Rancho Viejo Road: Ortega Highway - Calle Arroyo
18. La Novia Avenue: Ortega Highway - Calle Arroyo
19. La Novia Avenue: Calle Arroyo - San Juan Creek Road
C. the "existing", "existing plus project", "existing plus project plus cumulative
(near-term)" and "existing plus project plus buildout" scenarios.
The evaluation will include the usage scenario forthe project without medical
use.
In addition, at locations where project -related impacts are identified, the
project's "Fair Share" shall be calculated, and shall be that percentage of
cost based on the ratio of traffic generated by the project to the total future
projected peak hour traffic generation from potential development within the
City at that particular location. Existing traffic and future though traffic will be
subtracted out and will not be considered in the calculations.
D. Level of Service (LOS), using an operational analysis (SYNCHRO) along
Ortega Highway and Junipero Serra Road, at the following intersections,
based on the City's minimum "D" LOS per the General Plan Growth
Management Element:
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Centra Pointe Traffic Study Scope of Work 3 of 4 November 8, 2006
1. Ortega Highway / La Novia Avenue
2. Ortega Highway / Rancho Viejo Road
3. Ortega Highway/ 1-5 Northbound Ramps
4. Ortega Highway /1-5 Southbound Ramps
5. Ortega Highway / Del Obispo Street
6. Ortega Highway / EI Camino Real
7. Junipero Sena Road / Camino Capistrano
8. Junipero Serra Road / 1-5 Southbound Ramps
9. Junipero Sena Road 11-5 Northbound Ramps
10. Junipero Serra Road / Rancho Viejo Road
Turning movement counts at Rancho Viejo Road/Mission Hills Drive and
Rancho Viejo Road / Malaspina Road provided by the City for the Ortega
Ranch Traffic Study should be used as a part of the Junipero Serra Road
analysis.
E. up to four (4) links and four (4) additional intersections, to be determined by
the City subsequent to the completion of the trip generation, trip distribution
and/or project impact evaluation sections of the traffic report.
F. on-site traffic circulation and parking review.
Il. MEETING ATTENDANCE: The consultant may be required, at the direction of the
City, to attend the following meetings to answer questions and/or make
presentations to Commissions and/or the City Council. Meeting attendance will be
limited to one individual, the principal/project manager:
A. Three (3) staff meetings (one hour each).
B. Two (1) Environmental Administrator meeting (one hour each).
C. One (2) Transportation Commission meeting (three hours).
D. One (2) Planning Commission public hearings (three hours).
E. One (2) City Council public hearings (three hours).
111. PROJECT SCHEDULE: The consultant will be required to meet the following
schedule:
o Submit screencheck draft traffic report within five (5) weeks of notice to
proceed.
o Submit draft report within one (1) week of receipt of City comments on
screencheck.
o Submit final report within one (1) week of Environmental Administrator
action.
Centra Pointe Traffic Study Scope of Work 4 of 4 November 8, 2006
IV. PROJECT COST: The proposal will include a detailed cost estimate reflecting
discrete costs by task for all personnel, subtotals for project management,
preparation of the report, meeting attendance, and production of products/
deliverables. The cost for evaluating the four (4) links and four (4) additional
intersections will not be included in the base cost, but as additive items listed per
link or per intersection.
V. PRODUCTS (DELIVERABLES): The following products will be prepared by the
consultant as part of this contract:
A. Three (3) copies of the screencheck draft traffic report (staff review).
B. Ten (10) copies of the draft traffic report (Environmental Administrator
review).
C. Twenty (20) copies of the final traffic report (Commission/Council review).
VI. TRAFFIC REPORT: The contents of the traffic report shall conform to the City of
San Juan Capistrano, Administrative Policy #310, Preparation and Use of Traffic
Reports. Mitigation measures regarding off-site improvements will be consistent
with City Council Policy #111, Fair Share Methodology (see attachment).
All pertinent materials, studies, or persons consulted in the preparation of the report
shall be listed within the appendices. The identity of all Federal, State, and local
agencies, or other organizations and private individuals consulted in the report
preparation and the identity of all persons, firms, and City staff preparing the report
by contact or other authorization, shall also be listed. Reference to these sources
within the text of the appropriate sections shall be made by footnote or other means
acceptable to the City.
Attachments: Administrative Policy #310, Preparation and Use of Traffic Reports
City Council Policy #111, Fair Share Methodology
Alan\Development Review\Centra Pointe\Centra Pointe Scope of Work.org
Darnell & ASSOCIATES, INC.
TRANSPORTATION PLANNING d TRAFFIC ENGINEERING
November 10, 2006
Mr. Alan Oswald
City of San Juan Capistrano
324000 Paseo Adelanto
San Juan Capistrano, CA 92675 D&A Ref. No.: 4739
Subject: Proposal to Prepare Traffic Impact Study for Centra Pointe Mixed Use
Dear Mr. Oswald:
Thank you for the opportunity to submit this proposal to prepare a traffic impact study to address
potential traffic related impacts to the proposed Centra Pointe mixed-use office development with
ancillary commercial use.
The following proposal summarizes our scope of services, schedule, and budget.
SCOPE OF SERVICES
Data Collection
Obtain a site plan for the proposed project, showing project location and access points.
2. Assemble (or collect) peak hour traffic counts at the following 23 intersections:
Ortega Highway / La Novia Avenue (assemble)
Ortega Highway / Rancho Viejo Road (assemble)
Ortega Highway / I-5 Northbound Ramps (assemble)
Ortega Highway / 1-5 Southbound Ramps (assemble)
Ortega Highway / Del Obispo Street (assemble)
Ortega Highway / EI Camino Real (assemble)
Ortega Highway / Camino Capistrano (assemble)
Del Obispo Street / Camino Capistrano (assemble)
Del Obispo Street f Paseo Adelanto (collect)
Del Obispo Street / Alipaz Street (assemble)
Camino Capistrano / San Juan Creek Road (assemble)
Camino Capistrano / I-5 Southbound Ramps (assemble)
Junipero Serra Road / Camino Capistrano (collect)
Junipero Serra Road 11-5 Southbound Ramps (collect)
Junipero Serra Road / I-5 Northbound Ramps (collect)
Rancho Viejo Road / Junipero Serra Road (collect)
Rancho Viejo Road / Golf Club Drive / Marbella Plaza (collect)
Rancho Viejo/Country Hills Drive (collect)
1446 FRONT STREET • SUITE 300 • SAN DIEGO, CA 92101
PHONE: 619-233-9373 • FAX: 619-233-4034
E-mail: of6ceadamell-assoc.win
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Mr. Alan Oswald
City of San Juan Capistrano
November 10, 2006
Page 2
Rancho Viejo/Malispino Road (collect)
Rancho Viejo Road / Paseo Espada (assemble)
Marbella Plaza / Project driveway (collect)
La Novia Avenue /Calle Arroyo (assemble)
La Novia Avenue / San Juan Creek Road (assemble)
U
3. Assemble (or collect) 24-hour (daily) traffic counts on the following roadway 19 segments:
Ortega Highway: La Novia Avenue - Rancho Viejo Road (assemble)
Ortega Highway: Rancho Viejo Road - I-5 NB Ramps (assemble)
Ortega Highway: I-5 NB Ramps - I-5 SB Ramps (assemble)
Ortega Highway: I-5 SB Ramps - Del Obispo Street (assemble)
Ortega Highway: Del Obispo Street -E1 Camino Real (assemble)
Del Obispo Street: Ortega Highway - Camino Capistrano (assemble)
Del Obispo Street: Camino Capistrano - Paseo Adelanto (assemble)
Del Obispo Street: Paseo Adelanto - Alipaz Street (assemble)
Camino Capistrano: Ortega Highway - Del Obispo Street (assemble)
Camino Capistrano: Del Obispo Street - San Juan Creek Road (assemble)
Camino Capistrano: San Juan Creek Road - I-5 SB Ramps (assemble)
Junipero Serra Road: Camino Capistrano to I-5 SB Ramps (collect)
Junipero Serra Road: 1-5 SB Ramps to I-5 NB Ramps (collect)
- Junipero Sena Road: I-5 NB Ramps to Rancho Viejo Road (collect)
Rancho Viejo Road: Junipero Sena Road - Golf Club Drive (2 -lane) (collect)
Rancho Viejo Road: Golf Club Drive - Ortega Highway (collect)
Rancho Viejo Road: Ortega Highway - Calle Arroyo (collect)
La Novia Avenue: Ortega Highway - Calle Arroyo (assemble)
La Novia Avenue: Calle Arroyo - San Juan Creek Road (assemble)
4. Assemble exiting future model data from the City for involved intersections and roadway links.
Traffic Analyses -
5. Generate list of cumulative projects, including trip generation and distribution for each project
which may impact the project study area.
6. Generate trip generation and distribution for the proposed project. Trip generation will be
conducted with and without the medical office use.
T Analyze the project's impacts at the above listed intersections for the following conditions using
the City's current impact study guidelines, which include ICU, HCM, for peak hour intersection analyses.
This analysis will be conducted for two (2) project scenarios (with and without medical office use):
Existing Condition
Existing Plus Project Condition
Near Term Cumulative Condition
Future (With and Without Project) Condition
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Mr. Alan Oswald
City of San Juan Capistrano
November 10, 2006
Page 3
8. Analyze the project's impacts at, the above listed roadway segments for the following conditions
using the City's current impact study guidelines, which include Volume to Capacity (V/C) ratios for daily
roadway link analysis. This analysis will be conducted for two (2) project scenarios (with and without
medical office use):
Existing Condition
Existing Plus Project Condition
Near Term Cumulative Condition
Future (With and Without Project) Condition
9. Analyze the performance of the following roadway links during both peak hours using the
SYNC14RO coordination software for all traffic conditions (including two project scenarios with and
without medical office use):
Ortega Highway / La Novia Avenue
Ortega Highway / Rancho Viejo Road
Ortega Highway / I-5 Northbound Ramps
Ortega Highway / 1-5 Southbound Ramps
Ortega Highway / Del Obispo Street
Ortega Highway / EI Camino Real
Junipero Serra Road / Camino Capistrano
Junipero Serra Road / 1-5 Southbound Ramps
Junipero Serra Road / 1-5 Northbound Ramps
Junipero Serra Road / Rancho Viejo Road
10. Analyze project access, internal circulation, and provide a parking review.
Traffic Study Documentation
11. Prepare a traffic report documenting our findings and conclusions.
12. Submit a screen -check draft report (3 copies) to the City for comments.
13. Prepare a draft traffic report (10 copies) following receipt of City comments.
14. Prepare a final traffic report (20 copies) following final City comments.
Meeting Attendance
15. The firm principal and/or lead transportation planner will be available to attend the following
meetings:
Three (3) staff meetings (one hour each)
Two (2) Environmental Administrator meeting (one hour each)
One (1) Transportation Commission meeting (three hours)
One (1) Planning Commission public hearings (three hours)
One (1) City Council public hearings (three hours)
F_
Mr. Alan Oswald
City of San Juan Capistrano
November 10, 2006
Page 4
PROJECTSCHEDULE
We can begin work immediately and prepare the draft report within six (6) weeks following Notice to
Proceed. Note that counts can only be conducted during the week of November 13 and November 27 due
to holiday traffic to meet this time -table. Response to City comments will take an additional one (1) week
after receipt of comments.
PROJECT BUDGET
We propose to perform the services outlined on a time and material basis with estimated costs for as
follows. This fee is based on the following computation of man-hours and costs:
Traffic Analysis & Documentation — (Tasks 1, 4 and 5-14)
Firm Principal
8 hrs @ $150/hr
= $1,200.00
Senior Transportation Planner
90 hrs @ $90/hr
= $8,100.00
Traffic Technician
16 hrs @ $60/hr
= $960.00
Word Processor
8 hrs @ $50/hr
= $400.00
Expenses
Reports
33 @ $30(hr
= $990.00
Miscellaneous (copying, mileage, etc)
$100.00
Analysis & Documentation Cost:
$11,750.00
Data Collection — (Tasks 2 and 3))
Intersections(3day Count) 9 (3days @$175/day) _ $4,725.00
Roadway Links (3day Counts) 6 (3days @$120/day) $2,160.00
Traffic Count Estimate: $6,885.00
Traffic counts will be billed on a "cost -per' basis. Based on the intersection data, nirte (9) new
intersection counts are required. Based on the roadway segment data, six (6) locations require new
counts. The following costs for Tasks 2-3 are associated with traffic data collection:
Meeting attendance is billed on a time -and materials basis. The following estimate of meeting attendance
is summarized as follows:
Meetings — (Task 15)
Firm Principal 14 hrs @ $150/hr = $2,100.00
Senior Transportation Planner 3 his @ $90ft = $270.00
Miscellaneous (copying, mileage, etc) $250.00
Estimated Meetings Cost: $2,620.00
The overall estimated cost of the project is a not -to -exceed fee of $21,255.00. This includes preparation
of Traffic Study ($11,750), Traffic Count Data Collection ($7,020.), and meeting costs ($2,620.00.)
Mr. Alan Oswald
City of San Juan Capistrano
November 10, 2006
Page 5
Eighty percent (80%) of the fee will be due upon submittal and the remaining twenty percent (20%) will
be due upon approval by the County. Please find attached a copy of our standard hourly billing rate
schedule.
*Additional reports will be invoiced at $30/each. This cost is not included in the budget and will be
billed as an additional expense.
**This is a baseline fee for shipping costs including courier, priority mail, and overnight services. Any
additional shipping fees over this will be expensed on a time and materials basis as an additional expense.
***Response to continents for public agencies will be invoiced on a time and materials basis. This cost is
not included in the above budget. '
The Client agrees that the technical methods, design details, techniques, and pricing data contained in any
material submitted by Darnell & Associates, Inc. pertaining to this project/proposal shall be considered
confidential and proprietary, and shall not be released or otherwise [Wade availabletoany third party
without the express written consent of Darnell & Associates, Inc.
In recognition of the relative risks and benefits of the project to both the Client and Darnell & Associates,
Inc. (D&A) the risks have been allocated such that the Client agrees, to the fullest extent permitted by
law, to limit the liability of Darnell & Associates, Inc. and his or her subconsultants to the Client and to
all contractors and subcontractors on the project for any and all claims, losses, costs, damages or any
nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of
Darnell & Associates, Inc. and his or her subconsultants to all those named shall not exceed $75,000, or
D&A's total fee for services rendered on this project, whichever is greater. Such claims and causes
include, but are not limited to negligence, professional errors or omissions, strict liability, breach of
contract or warranty.
Darnell & Associates, Inc. (D&A) has the right to complete all services agreed to be rendered pursuant to
this proposal. In the event of termination by either party, the Client shall within fifteen (15) calendar days
of termination, pay D&A for all services rendered and all reimbursable costs incurred by D&A up to the
date of termination, in accordance with the payment provisions of this proposal. -
I would like to take this opportunity to notify you that I am licensed by the California Board for
Professional Engineers and Land Surveyors as a Civil Engineer (Registration Number 22338) and
as a Traffic Engineer (Registration Number 539). This notification to you is to comply with the
requirements, effective March 10, 2000 of Title 16, California Code of Regulations, section 463.5.
Your signature in the signature block below also serves as acknowledgment that you have received
this notification.
This proposal is valid for ninety (90) days. If you concur with the provisions of this proposal, please
sign in the space provided below and return the original copy to our office with a nonrefundable
retainer check for $6,885.00 to cover the cost of counts. Receipt of the signed proposal and retainer
will constitute our formal authorization to proceed.
0 0
Mr. Alan Oswald
City of San Juan Capistrano
November 10, 2006
Page 6
If you concur with the provisions of this proposal, please sign in the space provided below and return the
original copy to our office. Receipt of the signed proposal will constitute our formal authorization to
proceed.
If you have any questions or require additional information, please feel free to contact this office.
Sincerely, We concur with the provisions of the proposal
and authorize D&A to perform the services
DARNELL & ASSOCIATES, INC. described above.
Bill E. Darnell, P.E.
RCE: 22338
BED/jam
4739SJC-Cmva1FVtmc-PPU1 M2
City of San Juan Capistrano
324000 Paseo Adelanto
San Juan Capistrano, CA 92675
(Signature)
(Print name & title)
(Date)