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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. -1- 12/26/06 0 0 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. -2- 12/26/06 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. -3- 12/26/06 0 0 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: -4- 12/26/06 $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. -5- 12/26/06 0 0 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: 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"). -6- 12126/06 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. -7- 12/26/06 0 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. 9 0 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: 0 0 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 0 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 0 0 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)