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04-0729_DARNELL & ASSOCIATES, INC._Personal Services Agreement0 0 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 C:\MyFiles\CONTRACTS\damellpsasjhills.wpd -1- 6/25/04 PDF created with FinePrint pdfFactory trial version http://www.finel)rint.com SD 0 0 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. C:\MyFiles\CONTRACTS\damellpsasjhills.wpd -2- 6/25/04 PDF created with FinePrint pdfFactory trial version httl)://www.fineprint.com 0 0 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 C:\MyFiles\CONTRACTS\damellpsasiNlls.wpd -3- 6/25/04 PDF created with FinePrint pdfFactory trial version htto://www.finet)rint.com 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; C:\MyFiles\CONTRACTS\damelipsasihills.wpd -4- 6(25/04 PDF created with FinePrint pdfFactory trial version htta://www.fineprint.com 0 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($ 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. C:\MyFiles\CONTRACTS\damellpsasjhills.wpd -5- 6/25/04 PDF created with FinePrint pdfFactory trial version htto://www.fineorint.com 0 0 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. C:\MyFiles\CONTRACTS\damellpsasihills.wpd -6- 6/25/04 PDF created with FinePrint pdfFactory trial version ham://www.fineprint.com 0 0 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 C:\MyFiles\CONTRACTSWarnellpsasjhills.wpd -7- PDF created with FinePrint pdfFactory trial version http:/Iwww.fineprint.com 6/22/04 0 0 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 0 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). 0 0 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. Powered SYcertificatesNowa' 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 VO/ 1!/ VY '. Vf1111114\G6 —/ 1J4 JYJJ1 VJJ Cavignac i Associate. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POUCYNUMBER • r7j a., v • 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' • 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 Y5 JIJ • 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