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