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04-0406_CIVIC SOLUTIONS, INC_Agreement Amd0 AMENDATORY AGREEMENT 0 This Amendatory Agreement is made this U/ day of April, 2004, by and between the City of San Juan Capistrano, hereinafter referred to as "CITY", and CIVIC SOLUTIONS, INC., hereinafter referred to as "CONSULTANT". Whereas, CITY and CONSULTANT entered into an agreement dated October 24, 2003 for consultant services to serve as project manager for Belladonna Estates, Tentative Tract 16146, on behalf of the CITY; and Whereas, the CONSULTANT and the CITY hereby desire to amend the compensation to allow CONSULTANT to continue processing the proposed project through the development review process; and Whereas, CONSULTANT is paid an hourly rate for work performed as set forth in Exhibit A of the Scope of Work, attached and incorporated herein by reference; and Whereas, the CITY hereby desires to have CONSULTANT continue the project management for the Belladonna Estates Tentative Tract Map 16146 until such time as the City Council takes final action on the application; and NOW, THEREFORE, BE IT RESOLVED between CITY and CONSULTANT as follows: Section 1. Amend Section 2 of Page 1 of the October 24, 2003 personal services agreement to read: "Section 2. Term. This Amendatory Agreement shall commence on the effective date of this Amendatory Agreement and services required hereundershall be completed upon final action for Tentative Tract 16146 by the City Council or June 30, 2005, whichever occurs first." Section 2. Amend Section 3 of Page 1 of the October 24, 2003 personal services agreement to read: "Section 3. Compensation. 3.1 Amount. Compensation shall be paid to CONSULTANT for work performed under the Scope of Work and at the hourly rates set forth in Exhibits A and B, attached and incorporated herein by reference." PDF created with FinePrint DdfFactory trial version hftD://www.finei)rint.com Sp 11 • 9 Amendatory Agreement Page 2 Section 3. Amend Section 13 of Page 4 of the October 24, 2003 personal services agreement to read: "Section 13. Indemni . City agrees to protect, defend and hold harmless Consultant and any of its agents, employees and/or subcontractors working on this project from any claims, liabilities, expenses or damages arising from Consultant's performance of its duties hereunder within the applicable standard of care. However, if Consultant or its agents, representatives, subcontractors or employees perform below the applicable standard of care according to the finding or ruling of a California court, then Consultant will indemnify City for any and all expenses, liabilities, and or damages City suffers or incurs as a proximate result of this substandard performance, including attorneys' fees incurred to defend Consultant against claims relating to such performance." Section 4. All other terms and conditions of said agreements shall remain in full force and effect. ., ATTEST: CITY W SAN J,UArJ QA,PISTRANO �,AfAC �� CIVIC SOLUTIONS, INC. 0 R. Monahan, City Clerk APPROVED AS TO FORM: John R. Sha , City Attorney Thomas Merrell, Consultant -2- PDF created with FinePrint odfFactory trial version htte://www.finer)rint.com SUMMARY OF SERVICES FOR THE CITY OF SAN JUAN CAPISTRANO The City of San Juan Capistrano is seeking a planner with extensive municipal planning experience to augment the Planning staff in the City's Planning Department. The department needs an individual to perform as project manager on assigned development applications. Services to be provided include plans analysis, CEQA documentation, Determination of Completeness, Public Hearing Notification, coordinate schedules and issues with other departments and public agencies, reports and documentation and presentations to citizen groups, City commissions and the City Council. The scope of work includes managing the entitlement process for each development application assigned. Examples of work to be performed include: (1) coordinate with other staff and departments, (2) respond to direction of the department's administrative staff, (3) coordinate issues and schedules with other departments and public agencies, (4) coordinate site specific studies (i.e. traffic analysis, soils reports, parking studies, etc.,) making sure they are completed within the established project schedule; and (5) review plans for compliance with the City and State planning laws and CEQA; (6) prepare correspondence, staff reports, and resolutions/ordinances as required; and (7) make oral presentations on projects as required. Hourly Rate. See Exhibit B Availability: Attend public hearings on assigned cases Perform project management Summary of Services: Process management for assigned development applications Prepare environmental documentation Review plans, coordinate with other departments and prepare screen check letters to applicants Prepare staff reports, resolutions and draft ordinances as required Make oral presentations to approving bodies and citizen groups Other planning work as assigned EXHIBIT A C:%MyFiles\CONTRACTS\CSolutionssc Izo.wpd -8- 10/3/03 1 � CIVIC SOLUTIONS, INC. i ; T ... 31726 RANCHO VIEJO RD SUITE 223 SAN JUAN CAPISTRANO, CA 92675 PHONE(949)489-1442 FAX240-8068 www.civicsolutions.com SCHEDULE OF FEES Consulting Services Civic Solutions, Inc. will perform consulting services at the following hourly rates: Principal $145.00 Director of Municipal Services $135.00 Director of Planning Projects $135.00 Senior Project Manager $110.00 Senior Planner $95.00 Associate Planner $80.00 Assistant Planner $65.00 Planning Assistant $55.00 Planning Technician $45.00 Secretarial Services $35.00 Work performed on a time and materials basis will be billed monthly, and will be due within 15 days, or as otherwise specified in a consulting services agreement in which this fee schedule is made a pa rt. Reimbursable Expenses Blue line reproduction of plans Large duplication or document publishing projects Specialized graphics projects Messenger and overnight delivery services Annual Adiustments to Fees When the above fee schedule is made a part of an on-call services contract, fees are subject to annual adjustments, unless otherwise specified in the consulting services agreement. City of San Juan Capistrano EXHIBIT B 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into thi day of 2003, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Civic Solutions. Inc. (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, City desires to retain the services of Consultant to manage processing of Tentative Tract Map 16146, Belladonna Estates (Scalzo); and as described in the scope of work; 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 June 30, 2004. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Fifteen Thousand Dollars ($15,000.00), as set forth in Exhibit "B," attached and incorporated herein by reference. Consultant shall not perform services exceeding this amount without entering into an amendatory agreement with the City to continue work on the project. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "B," attached and incorporated herein by reference. Included within the compensation are tome This PDF created with the FREE RoboPDF Home Edition (not legal for business or government use) SO _dition ' Get RoboPDF: An Easy, Affordable Alternative for Creating PDFs - www.robo df.com Buy RpbOPDF 0 all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives to discuss administration of this contract, 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 bi-weekly invoices or reports based on total services which have been satisfactorily completed. Invoices or reports shall include itemized detail indicating staff person, task performed, date of task, hours worked, billing rate, and charge. The City will pay monthly progress payments for work performed based on approved invoices in accordance with this Section. For any work not part of this Agreement or Scope of Work, a written authorization from City is required prior to Consultant undertaking such 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. C:\MyFiles\CONTRACTS\CSolutionsscalz0.wpd -2- 70/9/03 -lome This PDF created with the FREE RoboPDF Home Edition (not legal for business or government use) " v 9 oo Bu RoboPDF °dition Get RoboPDF: An Easy, Alternative for Creating PDFs - www.roboodf.com y 0 0 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; and (2) 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. C:\MyFiles\CONTRACTS\CSolutionsscalzo.wpd '3- 10/9/03 -lome ■■ This PDF created with the FREE RoboPDF Home Edition (not legal for business or government use) --dition Get RoboPDF: An Easy, Affordable Alternative for Creating PDFs - www.robopdf.com Buy RobOPD� 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 underthis 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: C:\MyFiles\CONTRACTS\CSolutionsscalzo.wpd -4- 10/9/03 -tome This PDF created with the FREE RoboPDF Home Edition (not legal for business or government use) 2dition Get RoboPDF: An Easy, Affordable Alternative for Creating PDFs - www.roboodf.com ,. Buy RoboPDF ... .... , ,.... _:W4Y 0 0 $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies 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 Cancellation/Term Ination of Insurance. The above policy/policies shall notterminate, 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. C:\MyFiles\CONTRACTS\CSolutionsscalzo.wpd -5- 10/9/03 come This PDF created with the FREE RoboPDF Home Edition (not legal for business or government use) dition Get RoboPDF: An Easy, Affordable Alternative for Creating PDFs - www,robopdf.com Buy RObOPDF 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 parry 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 parry 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: Civic Solutions, Inc. 31726 Rancho Viejo Road, Suite 223 San Juan Capistrano, CA 92675 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. C:\MyFlles\CONTRACTS\CSolutionsscalzo.wpd -6- 10/9/03 come ®�*� This PDF created with the FREE RoboPDF Home Edition (not legal for business or government use) 2dition Ma , Get RoboPDF: An Easy, Affordable Alternative for Creating PDFs - www.roboi)df.com Bu ROq?pF „ Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: �� Pamela Gibson, Interim City Manager CIVIC SOLUTIONS, INC. Thomas G. Merrell, Principal ATTEST: Tar ret R. Monahan, City Clerk APPROVED AS TO FORM: John R.I aw, City Attorney C:\MyFiles\CONTRACTS\CSolutionsscalzo.wpd -7- -tome =\ This PDF created with the FREE RoboPDF Home Edition (not legal for business or government use) 10/9/03 -dition ""' Get RoboPDF: An Easy, Affordable Alternative for Creating PDFs - www.robor)df.com Byy RoboPDF LL 0 SUMMARY OF SERVICES FOR THE CITY OF SAN JUAN CAPISTRANO The City of San Juan Capistrano is seeking a planner with extensive municipal planning experience to augment the Planning staff in the City's Planning Department. The department needs an individual to perform as project manager on assigned development applications. Services to be provided include plans analysis, CEQA documentation, Determination of Completeness, Public Hearing Notification, coordinate schedules and issues with other departments and public agencies, reports and documentation and presentations to citizen groups, City commissions and the City Council. The scope of work includes managing the entitlement process for each development application assigned. Examples of work to be performed include: (1) coordinate with other staff and departments, (2) respond to direction of the department's administrative staff, (3) coordinate issues and schedules with other departments and public agencies, (4) coordinate site specific studies (i.e. traffic analysis, soils reports, parking studies, etc.,) making sure they are completed within the established project schedule; and (5) review plans for compliance with the City and State planning laws and CEQA; (6) prepare correspondence, staff reports, and resolutions/ordinances as required; and (7) make oral presentations on projects as required. Hourly Rate: See Exhibit B (NOT TO EXCEED $15,000 TOTAL COMPENSATION) Availability: Attend public hearings on assigned cases ' Perform project management Summary of Services: " Process management for assigned development applications ' Prepare environmental documentation ' Review plans, coordinate with other departments and prepare screen check letters to applicants Prepare staff reports, resolutions and draft ordinances as required ' Make oral presentations to approving bodies and citizen groups ' Other planning work as assigned EXHIBIT A C:\MyFiles\CONTRACTS\CSolutionws izo.wpd -8- 10/3/03 0 .Y CIVIC SOLUTIONS, { 31726 RANCHO VIEJO RD SUITE 223 SAN JUAN CAPISTRANO, CA 92675 PHONE(949)489-1442 FAX240.8068 www.civicsolutions.com SCHEDULE OF FEES Consultina Services INC. Civic Solutions, Inc. will perform consulting services at the following hourly rates: Principal $145.00 Director of Municipal Services $135.00 Director of Planning Projects $135.00 Senior Project Manager $110.00 Senior Planner $95.00 Associate Planner $80.00 Assistant Planner $65.00 Planning Assistant $55.00 Planning Technician $45.00 Secretarial Services $35.00 Work performed on a time and materials basis will be billed monthly, and will be due within 15 days, or as otherwise specified in a consulting services agreement in which this fee schedule is made a part. Reimbursable Expenses Blue line reproduction of plans Large duplication or document publishing projects Specialized graphics projects Messenger and overnight delivery services Annual Adiustments to Fees When the above fee schedule is made a part of an on-call services contract, fees are subject to annual adjustments, unless otherwise specified in the consulting services agreement. City of San Juan Capistrano EXHIBIT B CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Lynnette Adolphson, Management Analyst II FROM: Mitzi Ortiz, Deputy City Clerk DATE: June 1, 2005 SITUATION: On October 24, 2003, the City of San Juan Capistrano entered into a Personal Services Agreement with Civic Solutions, Inc. to manage processing of Tentative Tract Map 16146, Belladonna Estates (Scalzo). ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2004. On April 6, 2004, agreement amended and extended to June 30, 2005. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: Y)6'h-L SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 06/14/04 06101/05 Deadline Date: 06/30/04 06/30/05 cc: Department Head (600.301civic 2) 0 0 Certificate of Insurance 1 of 1 /IM95505 Description of Operations/LocationsNehicles/Restrictions/Special items: GENERAL LIABILITY ADDITIONAL INSURED ENDT. ATTACHED 'Written at acareaate limits of liability not less than amount shown Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice City of San Juan Capistrano INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. Planning Dept; Attn: Lynette Adolthson THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 2030 Main Street, Suite 350 MAY 2 4 NOT AMEND, EXTEND OR ALTER THE COVERAGE Irvine, CA 92614-7248 AFFORDED THE POLICIES LISTED BELOW. Insureds Name and Address: Civic Solutions, Inc. 31726 Rancho Viejo Rd., Suite 223 Companies Affording Policies: A. Fidelity and Guarantv Insurance Comp B. St. Paul Mercury Insurance Company C.Continental Casualty Company San Juan Capistrano, CA 92675 AuMonze Repr entaXve: 05/20/05 PEPT. D E. F. Description of Operations/LocationsNehicles/Restrictions/Special items: GENERAL LIABILITY ADDITIONAL INSURED ENDT. ATTACHED 'Written at acareaate limits of liability not less than amount shown Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. City of San Juan Capistrano RECEN CANCELLATION: EDOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Planning Dept; Attn: Lynette Adolthson DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVESWILLMAILW 32400 Paseo Adelanto MAY 2 4 �1�p7tpy[�pp,�YS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN 0 San Juan Capistrano, CA 92675 / E EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. PLANNING AuMonze Repr entaXve: 05/20/05 PEPT. 0 Policy Number: BK02137010 Liability Coverage Enhancement — Architects And Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following is added to paragraph 2 of SECTION 2. The following is added prior to the final paragraph 11— WHO IS AN INSURED: of SECTION II —WHO IS AN INSURED: I. If you are required to add another person or You are an insured for your participation in any past organization as an insured under this policy by a or present "unnamed joint venture". However, you written contract or agreement which is in effect are not an insured if the "unnamed joint venture during the policy period, that person or organization has: - is an insured. Such person or organization is referred to in this Coverage Part as an Additional a. Direct employees; or Insured. b. Owns, rents, or leases any real or However, such person or organization is not an personal property. insured with respect to any: No other member or partner, or their spouses, of (1) "Property damage "to: any past or present "unnamed joint venture" is an (a) Property owned, occupied or used by insured. This insurance is excess over any "other the Additional Insured; insurance" available to you for your participation in (b) Property rented, leased or loaned to, any past or present "unnamed joint venture". in the care, custody or control of, or over which physical control is being exercised for any purpose by the 3. The final paragraph of SECTION 11 — WHO IS AN Additional Insured; or INSURED is replaced by the following: (c) "Your work" performed for the Additional Insured; No person or organization is an insured with respect to the conduct of any current or past (2) "Bodily injury", "property damage", "personal partnership, joint venture (except "unnamed join injury', "advertising injury" which is not caused venture") or limited liability company this is not in whole or in part by the negligent acts or shown as a Named Insured in the Declarations, omissions of any Named Insured, or the negligent acts or omissions of anyone directly or indirectly employed by a Named Insured or for whose acts a Named Insured may be 4. Paragraph 2 of SECTION III — LIMITS OF liable; LIABILITY is replaced by the following: (3) "Bodily injury", "property damage", "personal (2). The General Aggregate Limit is that most we injury", or "advertising injury for which such will pay at each of "your premises" listed in the person or organization has assumed liability in Schedule of Premises and is the most we will a contract or agreement, except for liability for pay at each of "your projects" for the sum of: damages that such person or organization would have in absence of the contract or a. Damages under Section 1. A. except agreement; or damages because of "bodily injury" and "property damage" included in the "products completed operations hazard" (4) "Bodily injury", "property damage", "personal and damage to premises rented to you or injury" or "advertising injury arising out of any temporarily occupied by you with architect's, engineer's or surveyor's rendering permission of the owner; and of, or failure to render, any professional b. Medical payments under SECTION 1. B. services, when such person or organization is an architect, engineer, or surveyor. CL/BF 26 09 08 03 includes copyrighted material of Insurance Services Office with its permission. Page 1 of 2 Copyright, Insurance Services Offices, Inc., 2001 0 5. The following is added to SECTION IV - CONDITIONS, 5. Other Insurance, a. Primary Insurance; In addition, this insurance will be considered primary to, and non-contributory with, "other insurance" issued directly to a person or organization added as an additional insured under SECTION It. 2. I., if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such "other insurance". This insurance will then be applied as primary insurance for damages for "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance". 6. The following is added to SECTION IV— CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us. We waive any right of recovery we may have against any person or organization added under SECTION II. 2.1., for payments we make because of injury or damage arising out of .your work" under the written contract or agreement with such person or organization, provided that the injury or damage occurs subsequent to the execution of that written contract or agreement. ADDITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO 7. The following are added to SECTION V — DEFINITIONS: "Unnamed joint venture" means any joint venture in which you are a member or partner where: a. Each and every one of your co -ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. "Your premises" means any premises, site or location that you own or rent or lease from others. "Your project" Means any premises, site or location at, on, or in which "your work' is not yet completed; and a. Means any premises, site or location at, on, or in which "your work" is not yet completed; and b. Does not include "your premises" or any location listed in the Schedule of Premises. All other terms of your policy remain the same. CL/BF 26 09 OB 03 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 2 Copyright, Insurance Services Offices, Inc., 2001 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 4931053 FAX www.sanjuancapistrano.org May 9, 2005 Civic Solutions, Inc. 31726 Rancho Viejo Road San Juan Capistrano, CA 92675 JV4* L, O lE1 Ennuslm 1961 � 1961 1776 MEMBERS OF THE CITU COUNCIL RE: Compliance with Insurance Requirements — Home Program Application/ Belladonna TTM 16146/Associate Planner The following insurance documents are due to expire: ✓ General Liability Certificate 05/15/2005 SAMALLEVATO DIANE BATHGATE MATT HART JOE SOTO DAVID M. SWERDLIN ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. ✓ Automobile Liability Certificate 05/15/2005 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 dates. If ygu have any questions, please contact me at (949) 443-6309. Secretary cc: Lynnette Adolphson, Management Analyst II San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on rerycled paper 0 0 Certificate of Insurance 1 of 1 #mR1 R7n COVERAGES'. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE GENERAL LIABILITY Agency Name and Address:THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 2030 Main Street, Suite 350 NOT AMEND, EXTEND OR ALTER THE COVERAGE Irvine, CA 92614 AFFORDED THE POLICIES LISTED BELOW. Combined Single Limit: NOTICE WILL BE GIVEN. Insureds Name and Address: Companies Affording Policies: A.St. Paul Mercury Insurance Company Civic Solutions, Inc. B.Continental Casualty Company 31726 Rancho Viejo Rd., Suite 223 c San Juan Capistrano, CA 92675 0. Aggregate: E. Statutory Limits F. Protective $1,000,000 COVERAGES'. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE Description of Operations/Locations/Vehicles/Restrictions/Special items: EVIDENCE OF INSURANCE •tA/rittan nt nnnrnnnta limit* of linhilitu nn} lace than omni int chnuin POLICY LIMITS General Aggregate: GENERAL LIABILITY Products-Com/Ops WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Aggregate: CANCELLATION: ❑ Commercial General Liability SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 Each Occurrence: DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN Fire Dmg. (any one fire): ❑ Claims Made Combined Single Limit: NOTICE WILL BE GIVEN. Bodily Injury/person: Authorized Representative: qqyy.. ., 08/17/04 ❑ Occurrence Property Damage: Each Occurrence: ❑ Owner's and Contractors Aggregate: Statutory Limits Protective $1,000,000 Disease/Policy Limit: $1.000.000 Disease/Employee: 11 Per Claim $1,000,000 Aggregate $2,000,000 AUTO LIABILITY $0 ❑ Any Automobile ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -owned Autos ❑ Garage Liability El EXCESS LIABILITY ❑ Umbrella Form ❑ Other than Umbrella Form A WORKERS' BWO1879859 09/01/04 09/01/05 COMPENSATION AND EMPLOYER'S LIABILITY B PROFESSIONAL LIABILITY` MCA114130611 08/08/04 08/08/05 Description of Operations/Locations/Vehicles/Restrictions/Special items: EVIDENCE OF INSURANCE •tA/rittan nt nnnrnnnta limit* of linhilitu nn} lace than omni int chnuin POLICY LIMITS General Aggregate: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED Products-Com/Ops WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Aggregate: CANCELLATION: Personal and Adv. Injury: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 Each Occurrence: DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN Fire Dmg. (any one fire): THE EVENT OF CANCELLATION FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Combined Single Limit: NOTICE WILL BE GIVEN. Bodily Injury/person: Authorized Representative: qqyy.. ., 08/17/04 Bodily Injury/accident: Property Damage: Each Occurrence: Aggregate: Statutory Limits Each Accident: $1,000,000 Disease/Policy Limit: $1.000.000 Disease/Employee: $1,000,000 Per Claim $1,000,000 Aggregate $2,000,000 $0 Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. City of San Juan Capistrano CANCELLATION: Attn: City Clerk Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 32400 Paseo Adelanto DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN San Juan Capistrano, CA 92675 THE EVENT OF CANCELLATION FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. cc: Authorized Representative: qqyy.. ., 08/17/04 5 1, • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org July 7, 2004 Civic Solutions, Inc. 31726 Rancho Viejo Road San Juan Capistrano, CA 92675 d«�wr IA ED ANRATE n EST n\Lis NED 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN RE: Compliance with Insurance Requirements — Home Program Application/ Belladonna TTM 16146/South Orange County Transportation Infrastructure Project The following insurance document is due to expire: ✓ Professional Liability Certificate 08/08/2004 Pleasesubmit upd ted documentation to the City of San Juan Capistrano, attention City Clerk's office, 32 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration dfat�s If you have any questions, please contact me at (949) 443-6309. Administrative' Secretary cc: Lynnette Adolphson, Management Analyst II San Juan Capistrano: Preserving the Past to Enhance the Future Certificate of Insurance "Ent lL'LcSl3,Ya COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE GENERAL LIABILITY Agency Name and Address:THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 2244 West Coast Highway, Suite 200 NOT AMEND, EXTEND OR ALTER THE COVERAGE Newport Beach, CA 92663 AFFORDED THE POLICIES LISTED BELOW. Combined Single Limit: THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Insureds Name and Address: Companies Affording Policies: A St. Paul Mercury Insurance Company Civic Solutions, Inc. B. Continental Casualty Company 31726 Rancho Viejo Rd., Suite 223 c San Juan Capistrano, CA 92675 D. Aggregate: E. Statutory Limits F. Protective $1,000,000 COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS General Aggregate: GENERAL LIABILITY Products-Com/Ops WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Aggregate: CANCELLATION: ❑ Commercial General Liability SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Each Occurrence: DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 Fire Dmg. (any one fire): ❑ Claims Made Combined Single Limit: THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Bodily Injury/person: NOTICE WILL BE GIVEN. ❑ Occurrence Authorized Representative: 11/11/03 Property Damage: Each Occurrence: ❑ Owner's and Contractors Aggregate: Statutory Limits Protective $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: $1,000,000 Per Claim $1,000,000 Aggregate $1,000,000 AUTO LIABILITY $0 ❑ Any Automobile ❑ All Owned Autos ❑ Scheduled Autos ❑ Hired Autos ❑ Non -owned Autos ❑ Garage Liability EXCESS LIABILITY ❑ Umbrella Form ❑ Other than Umbrella Form A WORKERS' WVA9007375 09/01/03 09101104 COMPENSATION AND EMPLOYER'S LIABILITY B PROFESSIONAL MCA114130611 08/08/01 08/08/04 LIABILITY` POLICY LIMITS General Aggregate: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED Products-Com/Ops WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Aggregate: CANCELLATION: Personal and Adv. Injury: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Each Occurrence: DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 Fire Dmg. (any one fire): DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN Combined Single Limit: THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Bodily Injury/person: NOTICE WILL BE GIVEN. Bodily Injury/accident: Authorized Representative: 11/11/03 Property Damage: Each Occurrence: Aggregate: Statutory Limits Each Accident: $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: $1,000,000 Per Claim $1,000,000 Aggregate $1,000,000 $0 Description of Operations/Locations/Vehicles/Restrictions/Special items: THIS CERTIFICATE REPLACES AND SUPERCEDES CERTIFICATE PREVIOUSLY ISSUED TO SHOW NEW POLICY NUMBER. EVIDENCE OF INSURANCE -Writtpn nt gnnrpn;itp limits of linhllltV not Iris than Arnniint Shnwn_ Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. _ City San Juan Capistrano CANCELLATION: Ant: L nnette Ado hson, PlannID SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Y g DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 32 0 Paseo ant0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN San Juan Capistrano, CA 92675 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. Authorized Representative: 11/11/03 cc: 0 9 Certificate of Insurance of t #M66819 COVERAGES: THIS IS TO CERTIFY THAT 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 MAYBE ISSUED OR TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE GENERAL LIABILITY Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 2244 West Coast Highway, Suite 200 NOT AMEND, EXTEND OR ALTER THE COVERAGE Newport Beach, CA 92663 AFFORDED THE POLICIES LISTED BELOW. Combined Single Limit: THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Insureds Name and Address: Companies Affording Policies: A. St. Paul Mercury Insurance Company Civic Solutions, Inc. B Continental Casualty Company 31726 Rancho Viejo Rd., Suite 223 c San Juan Capistrano, CA 92675 D. Aggregate: E. Statutory Limits F. Protective $1,000,000 COVERAGES: THIS IS TO CERTIFY THAT 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 MAYBE ISSUED OR TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE Description of Operations/LocationsNehicles/Restrictions/Special items: EVIDENCE OF INSURANCE •Writipn at nnnrpnpip limits of linhility not Ipcc than amount shnwn POLICY LIMITS General Aggregate: GENERAL LIABILITY Products-Com/Ops WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Aggregate: CANCELLATION: ❑ Commercial General Liability SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Each Occurrence: DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 Fire Dmg. (any one fire): ❑ Claims Made Combined Single Limit: THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Bodily Injury/person: NOTICE WILL BE GIVEN. ❑ Occurrence Authonz d Representative: 10/16/03 Property Damage: i Each Occurrence: ❑ Owner's and Contractors Aggregate: Statutory Limits Protective $1,000,000 DiseaselPollcy Limit: $1,000,000 Disease/Employee: $1,000,000 Per Claim $1,000,000 Aggregate $1,0001000 AUTO LIABILITY $0 ❑ Any Automobile ❑ All Owned Autos ❑ Scheduled Autos I OCT 0 2003 ❑ Hired Autos ❑ Non -owned Autos PLANN NG DFP' T. ❑ Garage Liability El EXCESS LIABILITY ❑ Umbrella Form ❑ Other than Umbrella Form A WORKERS' WVA7725749 09/01/03 09/01/04 COMPENSATION AND EMPLOYER'S LIABILITY B PROFESSIONAL MCA114130611 08/08/01 08/08/04 LIABILITY` Description of Operations/LocationsNehicles/Restrictions/Special items: EVIDENCE OF INSURANCE •Writipn at nnnrpnpip limits of linhility not Ipcc than amount shnwn POLICY LIMITS General Aggregate: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED Products-Com/Ops WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Aggregate: CANCELLATION: Personal and Adv. Injury: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Each Occurrence: DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 Fire Dmg. (any one fire): DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN Combined Single Limit: THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS Bodily Injury/person: NOTICE WILL BE GIVEN. Bodily Injury/accident: Authonz d Representative: 10/16/03 Property Damage: i Each Occurrence: Aggregate: Statutory Limits Each Accident: $1,000,000 DiseaselPollcy Limit: $1,000,000 Disease/Employee: $1,000,000 Per Claim $1,000,000 Aggregate $1,0001000 $0 Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. City of San Juan Capistrano CANCELLATION: Attn: Lynnette Adolphson,Planning SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 32400 Paseo Adelanto DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN San Juan Capistrano, CA 92675 THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. Authonz d Representative: 10/16/03 i cc: 32400 PASEO ADEI ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano. org April 7, 2004 0 �j IAfARiAAAIfA fsraafSHED � 1961 1776 • • NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAMALLEVATO DIANE L. SATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN On April 6, 2004 the City Council of San Juan Capistrano met regarding: "Consideration of Amendment to Agreement to Provide for Continued Project Management for Belladonna estates, Tract 16146 (Civic Solutions, Inc.)" Item No. DS The following action was taken at the meeting: Amendment to agreement with Civic Solutions, Inc., to provide for continued project management for the proposed Belladonna Estates project, approved; and authorize the Mayor to execute the amendment. If you have any questions regarding this action, please contact Lynnette Adolphson, Management Analyst II at 443-6324 for more detailed information. Thank you, Meg Mon an, CMC City Clerk Cc: Civic Solutions, Inc.`; Molly Bogh, Planning Director; Lynnette Adolphson, Management Analyst II San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADEI—ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX it ww sanjuancapistrano. o g April 7, 2004 Tom Merrell Civic Solutions, Inc. 31726 Rancho Viejo Road, Ste 223 San Juan Capistrano, CA 92675 Dear Mr. Merrell: 1 IA[OR4YAAIfA tsrauuAm 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN An Amendatory Agreement related to project management services for Belladonna Estates, Tentative Track 16146 was approved by the City Council on April 6, 2004. An original, executed agreement is enclosed for your records. Please keep in mind that Insurance evidence must be maintained current or all work under this agreement must stop and payment will be withheld. On May 15, 2004 the evidence of insurance for your General Liability and Auto Liability, as well as the endorsement form for the General Liability policy will expire. Updated insurance documents may be faxed: ATTENTION CITY CLERK to (949) 493-1053. You may begin work under this agreement in coordination with Lynnette Adolphson, Management Analyst II, (949) 443-6324. Please call Maria Guevara, Secretary, (949) 443-6310 if you have questions regarding the forms of insurance needed. Thank you, Oan, CMC ity Clerk cc: Lynnette Adolphson, Management Analyst II Molly Bogh, Planning Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 AGENDA REPORT TO: Dave Adams, City Manager FROM: Jolly Bogh, Planning Director SUBJECT: Consideration of Amendment to Agreement to Project Management for Belladonna Estates, Solutions, Inc.) RECOMMENDATION: 4/6/2004 Provide for Continued Tract 16146 (Civic By Motion, approve an amendment to the existing agreement with Civic Solutions, Inc., to provide for continued project management for the proposed Belladonna Estates project and authorize the Mayor to execute the amendatory agreement. SITUATION: On October 24, 2003, the City Manager authorized a $15,000 personal services agreement with Civic Solutions, Inc., to provide professional planning services to manage City review of the proposed Belladonna Estates project, Tentative Tract 16146. Staff expected that the agreement amount would be sufficient to complete processing of the project. However, the project has taken more time than anticipated due to unforeseen environmental and traffic issues. As a result, project management costs have exceeded $15,000, and the development review process is not yet completed. Pursuant to City Council Policy 112, contracts exceeding $15,000 require City Council approval. Staff finds that Civic Solutions, Inc., has the qualifications and expertise to perform the required work. In addition, the $135 hourly rate for a project manager with the required expertise to manage this project is comparable to the rates charged by other firms. Civic Solutions, Inc., has been performing the project management and has a detailed knowledge of the existing work. Due to the current planning application caseload, staff is unable to perform the additional work on this project in-house within the time frame desired by the applicant. For these reasons, staff finds that allowing Civic Solutions, Inc., to continue managing this project will be the most cost effective means to complete the project. All costs for project management will be completely funded by the applicant/developer. Staff recommends that the City Council approve an amendment to the existing agreement with Civic Solutions, Inc., to continue project management for the proposed Belladonna Estates project and authorize the Mayor to execute the amendatory agreement. FOR CITY COUNCILAGENDA 0 0 Agenda Report Page 2 April 6, 2004 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: None required. FINANCIAL CONSIDERATIONS: The cost of this agreement will be borne by the developer and charged to developer deposit #18-2853. NOTIFICATION: Civic Solutions, Inc.' ALTERNATE ACTIONS: 1. By Motion, approve an amendment to the existing agreement with Civic Solutions, Inc., to provide for continued project management for the proposed Belladonna Estates project and authorize the Mayor to execute the amendatory agreement. 2. Do not approve the amendment to the agreement. 3. Request additional information from staff. RECOMMENDATION: By Motion, approve an amendment to the existing agreement with Civic Solutions, Inc., to provide for continued project management for the proposed Belladonna Estates project and authorize the Mayor to execute the amendatory agreement. �Reespectfully submitted, Prepared by: Molly h Ly nette Adolphson Planning Director Management Analyst II Attachment 1: Amendatory Agreement with Civic Solutions, Inc. 0 0 AMENDATORY AGREEMENT This Amendatory Agreement is made this day of April, 2004, by and between the City of San Juan Capistrano, hereinafter referred to as "CITY", and CIVIC SOLUTIONS, INC., hereinafter referred to as "CONSULTANT'. Whereas, CITY and CONSULTANT entered into an agreement dated October 24, 2003 for consultant services to serve as project managerfor Belladonna Estates, Tentative Tract 16146, on behalf of the CITY; and Whereas, the CONSULTANT and the CITY hereby desire to amend the compensation to allow CONSULTANTto continue processing the proposed projectthrough the development review process; and Whereas, CONSULTANT is paid an hourly rate for work performed as set forth in Exhibit A of the Scope of Work, attached and incorporated herein by reference; and Whereas, the CITY hereby desires to have CONSULTANT continue the project management for the Belladonna Estates Tentative Tract Map 16146 until such time as the City Council takes final action on the application; and NOW, THEREFORE, BE IT RESOLVED between CITY and CONSULTANT as follows: Section 1. Amend Section 2 of Page 1 of the October 24, 2003 personal services agreement to read: "Section 2. Term. This Amendatory Agreement shall commence on the effective date of this Amendatory Agreement and services required hereundershall be completed upon final action for Tentative Tract 16146 by the City Council or June 30, 2005, whichever occurs first." Section 2. Amend Section 3 of Page 1 of the October 24, 2003 personal services agreement to read: "Section 3. Compensation. 3.1 Amount. Compensation shall be paid to CONSULTANT for work performed under the Scope of Work and at the hourly rates set forth in Exhibits A and B, attached and incorporated herein by reference." 0 0 Amendatory Agreement Page 2 Section 3. Amend Section 13 of Page 4 of the October 24, 2003 personal services agreement to read: "Section 13. Indemnity. City agrees to protect, defend and hold harmless Consultant and any of its agents, employees and/or subcontractors working on this project from any claims, liabilities, expenses or damages arising from Consultant's performance of its duties hereunder within the applicable standard of care. However, if Consultant or its agents, representatives, subcontractors or employees perform below the applicable standard of care according to the finding or ruling of a California court, then Consultant will indemnify City for any and all expenses, liabilities, and or damages City suffers or incurs as a proximate result of this substandard performance, including attorneys' fees incurred to defend Consultant against claims relating to such performance." Section 4. All other terms and conditions of said agreements shall remain in full force and effect. CITY OF SAN JUAN CAPISTRANO Joe Soto, Mayor CIVIC SOLUTIONS, INC. 0 ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney Thomas Merrell, Consultant -2- SUMMARY OF SERVICES FOR THE CITY OF SAN JUAN CAPISTRANO The City of San Juan Capistrano is seeking a planner with extensive municipal planning experience to augment the Planning staff in the City's Planning Department. The department needs an individual to perform as project manager on assigned development applications. Services to be provided include plans analysis, CEQA documentation, Determination of Completeness, Public Hearing Notification, coordinate schedules and issues with other departments and public agencies, reports and documentation and presentations to citizen groups, City commissions and the City Council. The scope of work includes managing the entitlement process for each development application assigned. Examples of work to be performed include: (1) coordinate with other staff and departments, (2) respond to direction of the department's administrative staff, (3) coordinate issues and schedules with other departments and public agencies, (4) coordinate site specific studies (i.e. traffic analysis, soils reports, parking studies, etc.,) making sure they are completed within the established project schedule; and (5) review plans for compliance with the City and State planning laws and CEQA; (6) prepare correspondence, staff reports, and resolutions/ordinances as required; and (7) make oral presentations on projects as required. Hourly Rate: See Exhibit B Availability: ' Attend public hearings on assigned cases Perform project management Summary of Services: ' Process management for assigned development applications Prepare environmental documentation ' Review plans, coordinate with other departments and prepare screen check letters to applicants ' Prepare staff reports, resolutions and draft ordinances as required ' Make oral presentations to approving bodies and citizen groups ' Other planning work as assigned C:\PotyFiles\CONTRACTS\CSolutionssc Izo.wpd -8- 10/3/03 .. -Affil.. ... :• �1 CIVIC SOLUTIONS, INC. �T ... 31726 PANCHO VIEJO RD SUITE 223 SAN JUAN CAPISTRANO. CA 92675 PHONE(949)489-1442 FAX240-8068 www.ciwcsolutfons.com SCHEDULE OF FEES Consulting Services Civic Solutions, Inc. will perform consulting services at the following hourly rates: Principal $145.00 Director of Municipal Services $135.00 Director of Planning Projects $135.00 Senior Project Manager $110.00 Senior Planner $95.00 Associate Planner $80.00 Assistant Planner $65.00 Planning Assistant $55.00 Planning Technician $45.00 Secretarial Services $35.00 Work performed on a time and materials basis will be billed monthly, and will be due within 15 days, or as otherwise specified in a consulting services agreement in which this fee schedule is made a part. Reimbursable Expenses Blue line reproduction of plans Large duplication or document publishing projects Specialized graphics projects Messenger and overnight delivery services Annual Adjustments to Fees When the above fee schedule is made a part of an on-call services contract, fees are subject to annual adjustments, unless otherwise specified in the consulting services agreement. City of San Juan Capistrano EXHIBIT B RPR OS 2004 3:18PM MRRWOLDSTEIN 94967444 p.1 RECEIVED Marc Goldstein Attorney At Law 1004 APR - 5 P 3: 31 620 Newport Center Drive 11th Floor i.., ewport Beach, California 92660 SAN JUA14 C ,i'i': i1.1t'. Telephone: (949) 718-4433 Facsimile: (949) 673-7444 April 5, 2004 VIA FACSIMILE 949 493-1053 Meg Monahan City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: ScalzoBelladonna Estates City Council Meeting of April 6, 2004 — Re: Civic Solutions Dear Ms. Monahan: It has recently come to my attention that the City Council has been requested to consider an item at tomorrow's City Council meeting which affects my client's project. For some reason, we were not supplied with any notice of this proposed action. I would appreciate if you would please circulate a copy of this letter to the members of the Council and to the involved Department Heads as I wish to go on record as being steadfastly opposed to the request as framed. REQUESTS OF CIVIC SOLUTIONS On tomorrow's consent calendar, there is a request that the City Council approve the following requests of Civic Solutions: 1. Defend and Indemnify them from any claims that may arise; 2. Approve an additional fee request of $15,000. A. Request for an Additional $15,000.00 Which is Double Their Original Request — Should Be Denied or Limited to $5,000. The application of Civic Solutions admits that when it originally was hired to wo 'OLqu the ScalzoBelladonna Project, it estimated the total cost for its services to X 4de 4/6/2004 D8 RPR OS 2.004 3:18PM MRR:GOLDSTEIN 94937444 p.2 be $15,000. Yet, nowhere does it justify why it should now receive double the original fee, or why a second $15,000 should be paid to them. They obviously don't care about costs because as they said in their application, the costs will be totally borne by the applicant, my client. We do not want Total Solutions to be given a carte blanche to incur another $15,000, when they have not justified or itemized how the first $15,000 has been spent. The City Council should require them to justify every dime that they have billed us for and explain why any additional sums are required. At most, I believe a $5,000 additional request should be approved under these circumstances, especially where there has been no accounting nor explanation as to what the additional funds are to be used for specifically. B. The Request of Civic Solutions for Defense and Indemnification Should be Denied. It is Not Timely And May Be Against Public Policy. In terms of their request for defense and indemnity, I think that portion of their request should be flatly denied. Although a City often has discretion as to whether to extend indemnification or defense, it should refuse the request in this instance. In the first place, it does not seem to comport with the requirements of Government Code Section 995. In addition, no action has yet been filed, making their request premature. A contractor should not be allowed to burden the City that hired them with such potentially huge expenses and damages after a contractor engages in wrongful conduct or acts in bad faith. I am sorry to say that I believe the record is replete with bad faith actions on the part of Mr. Douglas of Civic Solutions. We do not wish to be put in a position of having to pursue the City for damages which were caused by an independent contractor. In this instance, we believe that the City is urging the prompt adoption and approval of our plans, whereas Mr. Douglas at Civic Solutions is acting at cross-purposes. Under Section 995.9, a public entity may only provide defense or indemnity if it is determined that the action being brought against the witness is based directly on conduct which the public entity requested of the witness relative to the witness' testimony or provision of evidence. Section 995.9 also provides: "Neither defense or indemnification shall be provided if the testimony giving rise to the action against the witness was false in any material respect, or was otherwise not given by the witness with a good faith belief in its truth;nor shall reRmsentation or indemnification under this section be offered or promised unless the the action has been commenced and the witness has requested the public entity to act for the witness' benefit under this section." RPR 05 2004 3:18PM MARC GOLDSTEIN 9496737444 p.3 No action has yet been filed against Civic Solutions, so the request is premature. However, even if an action had been filed, the City should decline to get involved. Civic Solutions surely carries its own insurance. If a company is allowed to engage in tortious and wrongful conduct, they should be held personally accountable for such conduct. Obviously, the reason they are seeking defense and indemnity is because they have engaged in improper conduct. It is not fair that the City or its taxpayers should have to absorb expenses of defending a company that engages in such wrongful conduct; that is precisely why they carry insurance and why the City requires contractors to provide evidence of insurance on an annual basis. The City never requested Mr. Douglas to act in a tortious manner or violate various provisions of the law that we are aware of. We do not wish to have to pursue the City. Under the circumstances, it would be imprudent as well as improper for the City Council to approve their request as framed. Civic Solutions has been totally non- responsive and have caused very significant and costly delays to my client's project. They also have refused to produce documents under the California Public Records Act despite numerous requests. That law requires that documents be provided within ten days. I am about to file a substantial civil suit against Civic Solutions related to their misconduct if they do not immediately comply with the law. If the City agrees to indemnify and hold them harmless. the City will become liable for a significant amount of damages which were caused independently by Civic Solutions. Attorneys fees are specifically recoverable by my client in pursuing an action under the California Public Records Act. If the City Council approves their request, Civic Solutions will be even less inclined than they already are to comply with the law! That is surely not a result that the Council should desire. Virtually every independent contractor who works for the City is required to provide proof of insurance and to indemnify the City. I can think of absolutely no rationale or reason for the City indemnifying Civic Solutions, particularly after they have been notified that they have incurred substantial liability. I have experienced a significant amount of problems with Civic Solutions. I have written close to a dozen letters complaining about the conduct of Mr. John Douglas, who is the planner at Civic Solutions assigned to my client's project. He has never responded to a single letter, nor have I received any response from Tom Merrill, his boss who is the owner of Civic Solutions. They have taken an inordinate amount of time in processing my client's application. For example, the plans were complete in November of 2003, and on December 4, 2003, a letter confirming that fact was sent. Under CEQA, there is supposed to be an initial RPR 05 2004 3:18PM MARC OLDSTEIN 94967444 p.4 study issued within 30 days of when the project is deemed complete. On January 23, 2004, a second letter confirming that the project was complete was issued — apparently to give them an additional month. Yet it is now April 5`b, which is four months past the time that Civic Solutions was supposed to publish the Initial Study. When I discussed this with Mr. Douglas, he cavalierly said that he "can take as long as he wants". We hope to have 31 lots ready for sale in the near future. We very much appreciate what most of the City Staff have done to try to expedite the project. In fact, my client has agreed to absorb what could amount to $1 Million of expense that the City would be facing, provided that his project can be approved promptly. Stated another way, the Scalzo family's generous offer to fund what could amount to $1 Million in costs, based on the City's own estimates, could be in jeopardy if the project is delayed much longer. The City will have to absorb that $1 Million itself if the Scalzos' do not do so; so I think that the City Council, in the strongest terms possible, should let Civic Solutions know that they are not to delay the project any longer. By offering them defense and indemnity, the City will be sending a message to Civic Solutions that they should not be concerned about processing the Scalzo plans in a timely manner. We respectfully request that the City Council not approve the request of Civic Solutions in its present form At most we suggest that the Council approve a maximum of $5,000 in additional funding on tomorrow's consent calendar. Very truly yours, Marc Goldstein cc: John Shaw, Esq. Omar Sandoval, Esq. Molly Bogh — Director of Planning William Huber — Director of Engineering Tom Merrill — Civic Solutions 32400 PASEO ADELANTO v% J MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 /' SAM ALLEVATO (949)493.1171 1%A�y [otORvoXXIEu DIANE L BATHGATE (949) 493- t053 FAX ESIXUISXfX )eei WYATT HART ivww.. sanjuancapistrano. orY„ )%%( JOE SOTO • _ • DAVID M. SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on April 6, 2004 in the City Council Chamber in City Hall, to consider: "Consideration of Amendment to Agreement to Provide for Continued Project Management for Belladonna estates, Tract 16146 (Civic Solutions, Inc.)" — Item No. D8 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 City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, April 5, 2004 to allow time for the Council 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 Mayor when the item is considered. You have received this notice at the request of the City staff member Lynnette Adolphson, Management Analyst II. You may contact that staff member at (949) 443- 6324 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council -agendas ansanivancapistano.org. Meg Monahan, CMC City Clerk cc: Civic Solutions, Inc.*; Molly Bogh, Planning Director; Lynnette Adolphson, Management Analyst II * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 32400 PASEO ADEI-ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) Ivi"P sanjuancapistrano. org October 24, 2003 JMan • ISI1IIIHH 1961 1776 Civic Solutions, Inc. 31726 Rancho Viejo Road, Ste 223 San Juan Capistrano, CA 92675 Dear Sir or Madam: MEMBERS OF THE CITU COUNCIL DIANE L. BATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDUN INTERIM CITY MANAGER PAMELAGIBSON A fully executed, original Personal Services Agreement related to managing the process of Tentative Tract Map 16146, Belladonna Estates (Scalzo) is enclosed. We have on file current evidence of insurance as required by the agreement. Please keep in mind that this documentation must be maintained current with our office, or all work under this agreement must stop and all payments for services rendered will be withheld, until these documents are brought current. You may proceed with work under this agreement in coordination with the Project Manager, Lynnette Adolphson, Management Analyst II, (949) 443-6324. Yours truly, Me Monah CMC Cit Clerk enclosed: Agreement cc: Lynnette Adolphson, Management Analyst II Bill Cunningham, Interim Planning Manager Finance San Juan Capistrano: Preserving the Past to Enhance the Future