04-0729_DARNELL & ASSOCIATES, INC._Personal Services Agreement0
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into thi day of July, 2004, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and Darnell
& Associates. Inc. (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to prepare a Traffic Impact Study for the proposed San Juan Hills Golf Course
(GPA 03-02, RZ 04-01, TPM 2004-121, AC 04-06, CUP 04-01, and FP 04-01); 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, 2005.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services forthis Project shall not exceed
Eighteen Thousand Eight Hundred Thirty -Eight Dollars ($18,838.00), as set forth in Exhibit
"A," attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City at the rates set forth in Exhibit "A,"
attached and incorporated herein by reference. Included within the compensation are all
the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
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perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City
is required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted
to subcontract any part of this Agreement by City, Consultant shall be responsible to City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
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.
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Section 7. Famitiarl1y with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site and is aware
of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work under this Agreement. Should Consultant discover any latent or unknown conditions
materially differing from those inherent in the work or as represented by City, it shall
immediately inform City of this and shall not proceed with further work under this
Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format..
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
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
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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 ordamages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
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$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($ 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 Cancel lation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to 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.
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.
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Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without cause
by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
To Consultant: Darnell & Associates, Inc.
1446 Front Street, Suite 300
San Diego, CA 92101
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
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.
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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
David F. Adams, City Manager
Darnell & Associates, Inc.
By:
Bill E. Darnell
ATTEST:
(Z. KV
R. Monahan, City Clerk
APPROVED AS TO FORM:
(--� d=�,
John R. Sh w, tity Attorney
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Darnell & ASSOCIATES, INC.
TRANSPORTATION PLANNING & TRAFFIC ENGINEERING
June 2, 2004
Alan Oswald, Senior Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675 D&A Ref. No.: 4132
Subject: Proposal to Prepare Traffic Impact Study for San Juan Hills Golf Course (GPA -
03 -02, RZ-04-01, TPM 2004-121, AC 04-06, CUP 04-01, FP 04-01)
Dear Mr. Oswald:
Thank you for allowing Darnell & Associates, Inc. (D&A), to prepare this proposal to prepare a
traffic impact study for development of a new clubhouse facility and designate a 10.a Acre
portion of the existing golf course for 298 senior housing apartments, 96 assisted living units and
28 skilled nursing units).
Based on the size of the proposed project and the project location, the following scope of
services, proposed fee, and schedule details the limits of proposed work. The traffic study will
be prepared in accordance with City Administrative Policy #310 (Preparation and Use of Traffic
Studies), City Council Policy #111 (Fair Share Methodology & Developer Reimbursements), the
General Plan Circulation Element, and the General Plan Growth Management Element.
SCOPE OF SERVICES
Obtain a copy of the proposed site plan, including project densities and proposed access
points.
2. Collect and assemble data relative to other near term projects in the vicinity of the
proposed project.
Collect and assemble future forecast volumes for the proposed project study area from the
City's consultant Urban Crossroads.
1446 FRONT STREET • SUITE 300 • SAN DIEGO, CA 92
PHONE: 619=233-9373 • FAX: 619-233-4034
E-mail: BD492@aol.com
EXHIBIT A
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Mr. Alan Oswald
City of San Juan Capistrano
June 2, 2004
Page 2
4. Assemble existing AM/PM traffic counts for the following intersections (in areas where
recent counts have been conducted, we will assemble such data less than one year old
with the approval of the City Traffic Engineer, otherwise new traffic counts will be
conducted):
a. Ortega Highway/La Novia
b. Camino Capistrano/Del Obispo Street
C. Camino Capistrano/San Juan Creek Road
d. Camino Capistrano/I-5 SB Ramps
e. La Novia Avenue/Calle Arroyo
f. La Novia Avenue/San Juan Creek Road
5. Collect three (3) day AM/PM traffic counts at the follow four (4) intersections:
a. Valle Road/La Nokia Ave & 1-5 Northbound ramps
b. Valle Road/San Juan Creed Road
C. San Juan Creek Road/Avenida Larga (West Leg)
d. San Juan Creek Road/Project Driveway.
6. Assemble existing 24 hr machine traffic counts for the following roadway links (in areas
where recent counts have been conducted, we will assemble such data less than one year
old with the approval of the City Traffic Engineer, :
a. Ortega Highway: Del Obispo Street/El Camino Real
b. La Novia Avenue: Ortega Highway/Calle Arroyo
C. La Novia Avenue: Calle Arroyo/San Juan Creek Road
7. Collect 24 hr machine counts on Valle Road between I-5 Northbound Ramp San Juan
Creek Road.
8. Traffic analyses will be conducted in accordance with Administrative Policy #310,
including assessment of existing conditions, existing plus project conditions, and near
term cumulative conditions, using Intersection Capacity Utilization (ICU) at signalized
intersections, Highway Capacity Manual (HCM) at all study intersections, and Volume to
Capacity (V/C) ratio for all roadway segments.
9. Analysis of the buildout condition will be performed with traffic volumes provided by
City modeling.
Mr. Alan Oswald
City of San Juan Capistrano
June 2, 2004
Page 3
10. Additional peak hour short term operational traffic analyses will be conducted using
SYNCHRO software for the following locations, based on the City's minimum LOS "D"
per the General Plan Growth Management Element:
11. a. la Novia Avenue: Ortega Highway to Calle Arroyo
b. La Nova Avenue: Calle Arroyo to San Juan Creek Road
C. Camino Capistrano to San Juan Creek Road
Valle Road: I-5 Northbound Ramps to San Juan Creek Road
11. Project alternatives will be analyzed independently, including with and without medical
use.
12. Project access alternatives will be analyzed independently, including (a) access from
Rancho Viejo Road only; (b) access Rancho Viejo Road and Ortega Highway at Avenida
los Cerritos.
13. Fair share calculations will be conducted at mitigated locations in accordance with City
Policy.
14. Traffic signal warrants will be conducted at Rancho Viejo Road and the project driveway.
15. Conduct on-site circulation and parking review to include both access alternatives, and
two parking scenarios; (a) as proposed; (b) with reciprocal parking with the church.
CONSULTANT MEETINGS
1. Attend three (3) staff meetings (1 hour each).
2. Attend two (2) Environmental Administrator Meetings (1 hour each).
3. Attend one (1) Transportation Commission meeting (3 hours each).
4. Attend one (1) Planning Commission public hearing (3 hours each).
5. Attend one (1) City Council public hearing (3 hours).
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Mr. Alan Oswald
City of San Juan Capistrano
June 2, 2004
Page 4
SCHEDULE
D&A can begin work immediately on this project and will meet the following submission
deadlines:
Submit three (3) copies of the Screen Check Impact Study and Appendices to the City
within five (5) weeks following authorization to proceed.
Submit 10 copies of the Draft Traffic Impact Study within one (1) week of receipt of City
comments on the Screen Check.
Submit 20 copies of the Final Traffic Impact Study and Appendices will be submitted
within one (1) week following receipt of City comments on the Draft Traffic Impact
Study.
PROPOSED FEE
The proposed fee is based on the following computation of man-hours and costs. The fee is
broken down into three (3) sections, including (a) costs for preparing the traffic study (which
includes response to comments), (b) costs for collecting new and additional traffic counts (if
necessary); and (c) costs for attending meetings (if necessary).
Preparation of Traffic Stud
Firm Principal
8 hours @ $130/hr
$ 1,040.00
Transportation Planner
80 hours @ $75/hour
$ 6,000.00
Transportation Technician
12 hours @ $48/hour
$ 576.00
Word Processor
6 hours @ 47/hour
$ 282.00
Report Copies
33 each @ $20/each
$ 660.00
Traffic Modeling -Urban Crossroads
Lump Sum
$5,250.00
Shipping/Mileage/etc.
Lump Sum
150.00
Not to Exceed Preparation
of Study:
$13,958.00
Collection of New Traffic Counts:
Manual (peak hour) Counts
4 each x 3 days x $180
$2,160.00
Daily (24-hour) Counts
4 each x 3 days x $75
$900.00
Not to Exceed New Traffic Counts
$ 3,060.00
Meeting Attendance (if necessary):
Firm Principal 14 hours @ $130/hour 1820.00
Not to Exceed Meeting Attendance $ 1,820.00
NOT -TO -EXCEED TOTAL PROJECT COST: $ 18,838.00
Mr. Alan Oswald
City of San Juan Capistrano
June 2, 2004
Page 5
The Client agrees that the technical methods, design details, techniques and pricing data contained in any
material submitted by Darnell & Associates, Inc. pertaining to this project/proposal shall be considered
confidential and proprietary, and shall not be released or otherwise made available to any third party
without the express written consent of Darnell & Associates, Inc.
In recognition of the relative risks and benefits of the project to both the Client and Darnell & Associates,
Inc. (D&A) the risks have been allocated such that the Client agrees, to the fullest extent permitted by
law, to limit the liability of Daniell & Associates, Inc. and his or her subconsultants to the Client and to
all contractors and subcontractors on the project for any and all claims, losses, costs, damages or any
nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of
Darnell & Associates, Inc. and his or her subconsultants to all those named shall not exceed $75,000, or
D&A's total fee for services rendered on this project, whichever is greater. Such claims and causes
include, but are not limited to negligence, professional errors or omissions, strict liability, breach of
contract or warranty.
Darnell & Associates, Inc. (D&A) has the right to complete all services agreed to be rendered pursuant to
this proposal. In the event of termination by either party, the Client shall within fifteen (15) calendar
days of termination, pay D&A for all services rendered and all reimbursable costs incurred by D&A up to
the date of termination, in accordance with the payment provisions of this proposal.
I would like to take this opportunity to notify you that I am licensed by the California Board for
Professional Engineers and Land Surveys as a Civil Engineer (Registration Number 22338) and as
a Traffic Engineer (Registration Number 539). This notification to you is to comply with the
requirements, effective March 10, 2000 of Title 16, California Code of Regulations, section 463.5.
Your signature in the signature block below also serves as acknowledgment that you have received
this notification.
If you concur with the provisions of this proposal, please sign in the space provided below and return the
original copy to our office. Receipt of the signed proposal will constitute our formal authorization to
proceed.
If you have any questions or require additional information, please feel free to contact this office.
Sincerely,
BED/lagBill E Darnell, P.E.
4132-SJHil IGoltCoursePPL.wpd 10405
LJ
E
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Lynnette Adolphson, Management Analyst II
FROM: Mitzi Ortiz, Deputy City Clerk DATE: June 1, 2005
SITUATION:
On July 29, 2004, the City of San Juan Capistrano entered into a Personal Services
Agreement with Darnell & Associates, Inc. to prepare a Traffic Impact Study for the
proposed San Juan Hills Golf Course.
ACTION REQUESTED:
Said Agreement states services shall be completed by June 30, 2005.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
a� && 'by O 4� 061-,4,
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
d0/A -E, 30 V-4, l
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
Tickler Date: 06/01/05
Deadline Date: 06/30/05
cc: Department Head
(600.30/darnell 3)
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
A ORD CERTIFICA OF LIABILITY INSUR CE
DATE1 YY)
O6 J21/05
/OS
PRODUCER OA99520 1-619-234-6848
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cavignac & Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
POLICY NUMBER
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
450 B street, Suite 1800
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
San Diego, CA 92101-8005
Dorothy Amundson
INSURED
Darnell & Associates, Inc.
INSURER A: Liberty Insurance Underwriters, Inc.
INSURERB:St. Paul Fire & Marine Insurance Company
1446 Front Street, 3rd Floor
INSURERC:United States Fidelity & Guaranty Company
INSURER D:
San Diego, CA 92101
INSURER E:
C(TVFRAGF.R
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
MMIDD/M
POLICY UPI ONDATE
DATE IM OfVY1
LIMITS
C
GENERAL LIABILITY
B&01896181
06/15/05
06/15/06
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (An one fire) $1,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE T OCCUR
MED EXP (My we person) $10,000
PERSONAL B ADV INJURY $ 1,000,000
X Broad Form
X
Blanket Contractual
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMP/OP AGG $2,000,000
PRO LOC
POLICY X JECT
C
AUTOMOBILE
X
LIABILITY
ANY AUTO
BA01896263
06/15/05
06/15/06
COMBINED SINGLE LIMIT $1,000,000
(Ea aocitlenf)
BODILY INJURY
(Per person) $
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY $
(Per accitlen0
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE $
(Per sccit nf)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHERTHAN EAACC $
ANY AUTO
AUTO ONLY: AGG $
EXCESS
LIABILITY
EACH OCCURRENCE $
OCCUR E] CLAIMS MADE
AGGREGATE $
$
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPENSATION AND
WVA7504172
06/15/05
06/15/06
X WCSTATU- OTH-
E.L. EACH ACCIDENT $ 11000,000
EMPLOYERS' LIABILITY
E.L. DISEASE - EA EMPLOYE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1, 000, 000
A
OTHER
Professional Liability
AEE1968690105
06/15/05
06/15/06
Each Claim 31,000,000
Aggregate %210001000
$
DESCRIPTION OF OPERATIONSILOCATIONSIVENICLESBDICLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Professional Liability - Claims made form, Aggregate limit policy. Defense costs included within limit of liability.
RE: Ortega Ranch Business Center/Project 114107. Certificate Bolder is named as Additional Insured with respect to
General Liability per attached endorsement. +10 days NOC for non-payment of premium.
ty of San Juan Capistrano
Director of Administrative Services
32400 Paseo Adelento
San Juan Capistrano, CA 92675
USA
Katherine
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO S/O.SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS /jiENT3 OR
AUTHORIZED REPRESENTATIVE
7
0 ACORD CORPORATION 1988
T 0
Named Insured: Darnell s xesociatee, Inc.
Policy Number: SRa1896181
Owners, Lessees Or Contractors (Form C)
ADDITIONAL INSURED Effective: oe/15/os
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following;
LIABILITY COVERAGE PART.
Schedule
Name of Person or Organization:
City of San Juan Capistrano
RR: Ortega Rench Sueineee Center/Project #4107
I. SECTION II - WHO IS AN INSURED is amended to include as valid and collectible "other insurance" is provided by
an insured the person or organization shown in the a person or organization who is not shown in the
Schedule, but only with respect to liability arising out of schedule. Then we will share with that valid and
"your work" for that insured by or for you. collectible "other insurance" by the method described
below.
2. With respect to 1. above the following additional provision
applies: If all of the valid and collectible "other insurance"
permits contribution by equal shares, we will follow
SECTION IV. 5. Other Insurance is replaced by the this method also. Under this approach, each insurer
following: contributes equal amounts until it has paid its
5. Other Insurance. applicable limit of insurance or none of the loss
remains, whichever comes first.
The insurance afforded by this Coverage Part is if any of the valid and collectible "other insurance"
primary insurance and we will not seek contribution does not permit contribution by equal shares, we will
from any valid and collectible "other insurance" contribute by limits. Under this method, each
available to the insured unless the Insurer's share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
CUBF 22 45 09 99 Includes copyrighted material of Insurance a services Once, Inc., with its permission. Page 1 of 1
Copyrighted, Insurance services Office, Int, 1984
-� Cavignac & Associates
450 S Street, Suite 1800
San Diego, CA 92101-8005
USA
city of San Juan Capistrano
Director of Administrative Services
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
USA
If you have questions regarding the content of this document, please contact
the Insured listed on the certificate or Cavignac a Associates.
cc:
The data included in this notice and in the attached document is confidential to ConfirmNet
and the party responsible for bringing you this information.
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
June 9, 2005
Darnell & Associates
1446 Front Street, 3rd Floor
San Diego, CA 92101
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
MATT HART
JOE SOTO
DAVID M. SWERDLIN
RE: Compliance with Insurance Requirements — Plan Check Services/Traffic
Engineering Services
The following insurance documents are due to expire:
✓ General Liability Certificate 06/15/2005
✓ General Liability Endorsement Form naming the City of San Juan
Capistrano as additional insured.
✓ Automobile Liability Certificate 06/15/2005
✓ Professional Liability Certificate 06/15/2005
✓ Workers Compensation Certificate 06/15/2005
Please submit updated documentation to the City of San Juan Capistrano, attention City
Clerk's office, 32409 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above
expjira5pn dues. jrjou have any questions, please contact me at (949) 443-6309.
Secretary
cc: Dawn M. Schandert, Administrative Assistant
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Prinlet on recvde0 oaner
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Cavignac i Associate.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
POUCYNUMBER
•
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A� CERTIFICATE OF LIABILITY INSURANCE
DATE IMMIDO"
06/17/04/17/04
PRODUCER GA99520 1-619-234-6848
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cavignac i Associate.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
POUCYNUMBER
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1230 Columbia street, suite 850
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
San Diego, CA 92101
Dorothy Amundson
06/15/04
INSURED
Darnall a Associates, Ine.
INSURER A: United States Fidelity a Guaranty Company
INSURERB.St. Paul lire E Marine Insurance Company
1446 Pront Street, 3rd Floor
°
INSURER C: Liberty Insurance Underwriters
INSURERD:
San Diego, CA 92101
NWRLR E:
CIYVFMAI$FS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POUCYNUMBER
POLICYEFFECTIVE
mhdpn�
POUCYEXPNATIONBATE
DATE N&IMntYY1I
LINK$
A
GENERALLIABaiTY
BROISS6151
06/15/04
06/15/05
EACH OCCURRENCE $1,000,000
FIREDAMAGE(My.II.fire) $1,000,000
REPRESENTATIVES.
X CONMERGAL GENERAL LIABILITY
San Juan Capistrano, CA 92675
DSA
CLAMS MADE I—XI OCCUR
RED EXP (MY ma P..w) $10,000
PERSONAL S ADV INJURY $1,000,000
X Broad Form
X Blanket Contractual
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LMR APPLIES PER:
PRODUCTS - COMPIOP AGO $2.000,000
POLICY X PRO, LOC
IECT
A
AUTONO&LELIABILTTY
X
ANY AUTO
BA01896263
06/15/04
06/15/05
COMBINED SINGLE LMR $1,000,000
(Ea acodenU
BODILY INJURY $
(Per Pnsm)
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY $
(P°r eWdxK)
HIRED AUTOS
NON-01VNED AUTOS
PROPERTY DAMAGE $
(Per auldeU
GARAGE LIABAHY
AUTOONLY-EAACCEIENT $
OTHERTHAN EA ACC $
ANY AUTO
ALTO ONLY' AGG $
EXCESSLIABILITY
EACH OCCURRENCE $
AGGREGATE $
OCCUR CLAIMSMADE
E
$
DEDUCTIBLE
S
RETENTION S
B
WORKERS COMPENSATION ANO
WAIS04172
06/15/04
06/15/05
X WC STATU- OTH-
EMPLONERS' LIABILITY
E L EACH ACCIDENT $1,000,000
E.L. DISEASE -EAEMPLOYFE $1,000,000
EL DISEASE - POLICYLIMIT $1,000,000
OTHER
C
Professional Liability
ARE1968690104
06/15)'0406/15/05
Each Claim 11000,000
Aggregate 2,000,000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESEXCLUSIONS ADDED BY ENDORSEMENTWECI L PROVISIONS
Profesaional Liability - Clsima Made gorm, Aggregate Limit Policy. Defense costa Included within Limit of Liability.
RE: Project 8030903. Certificate Holder is named as Additional Insured as respects to General Liability per attached
endorsement. +10 days notice of cancellation for non-paym.nt of premium.
PFOTIFIOATIP NM nFR I Y A PAMPFI I AT"M
ACORD 20-5 (7/87) Xatnerine O ACORD CORPORATION 198
1886063
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of San
Juan Capistrano
DATE THEREOF, TIIE ISSUING NSUIRER PALL ENDEAVOR TO MAL °30 DAYS WRITTEN
TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODD SOMI.
DirecNOTICE
Pr of
Administa Give Services,
32400 Paeeo
32400
Adelanto
IMPOSE NO OBLIGATION OR LIABILITY OF ANY WHO UPON THE NSUI ER, ITS AGENTS CA
REPRESENTATIVES.
AUTNORQED REPRESENTATIVE
San Juan Capistrano, CA 92675
DSA
ACORD 20-5 (7/87) Xatnerine O ACORD CORPORATION 198
1886063
lbb/ 1 // VY 4;UIlI 1S-IILL\CL —) 1�Y.7Y.731 VJJ'
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Named Insured: D-11 eeocietee, 2pc.
Policy Number: saoia963a3
Owners, Lessees Or Canhat tars (Farm C(
ADDITIONAL INSURED Effedive: 06/1s/o4
THIS ENDORSEAENT CHANGES THE POLICY, PLEASE READ IT CARUMY.
This endorsement modifies insurance provided under the following;
LIABILITY COVERAGE PART.
Schedule
Name of Person or Organization:
City of San duan Capistrano
Project #030903
1. SECTION II - MO IS AN NSURED is amended to indude as
an insured the person or organization shown in the
Schedule, but only vrith respect to liability arising out of
"your work for that insured by or for you.
2. With respect to 1. above the following additional provision
applies:
SECTION IV. 5. Other Insurance is replaced by the
following:
5. Otherinsurance.
The insurance afforded by this Coverage Part is
primary insurance and we will not seek contribution
from any valid and collectible "other insurance"
available to the insured unless the
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•
valid and collectible "other insurance" is provided by
a person or organization who is not shown in the
schedule. Then we will share with that valid and
collectible "other insurance" by the method described
below.
If all of the valid and collectible "other insurance"
permits contribution by equal shares, we will follow
this method also. Under this approach, each insurer
contributes equal amounts until it has paid its
applicable limit of insurance or none of the loss
remains, whichever comes first.
if any of the valid and collectible "other insurance"
does not permit contribution by equal shares, we will
contribute by limits. Under this method, each
Insurer's share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
CL/BF 22 45 9211 Indudes cW/6ghted mateial of Insurance • SaNcas 01fica. Inc.. wish Upwmissian. Page 1 of 1
Capynghtad, Insurance Semmes CKce, Int.. 1964
10
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
July 29, 2004
Darnell & Associates, Inc.
1446 Front Street, Ste 300
San Diego, CA 92101
Attention: Mr. Bill Darnell
Dear Mr. Darnell:
N[DRRDRRI(D
DruusRRD I 1961
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
Enclosed is an executed, original professional services agreement related to
preparation of a traffic impact study for the proposed San Juan Hills Golf Course.
Thank you for keeping insurance documents current with our office. Please keep in
mind that should this documentation lapse, all work under this agreement must stop and
all payments will be withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the Project
Manager, Lynnette Adolphson, Management Analyst II, (949) 443-6324.
Yours truly,
CMC
Agreement
cc: Lynnette Adolphson, Management Analyst II
San Juan Capistrano: Preserving the Past to Enhance the Future