04-0629_DARNELL & ASSOCIATES_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into thit2if day of June, 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 Study for the proposed Ortega Ranch Business Center (AC
04-02) located on the west side of Rancho Viejo Road, north of Ortega Highway; 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 December 31, 2004.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not
exceed Thirty -Seven Thousand Nine Hundred Five Dollars ($37,905.00), 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 hourly rate set forth in Exhibit
"B," 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. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site and is aware
of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work under this Agreement. Should Consultant discover any latent or unknown conditions
materially differing from those inherent in the work or as represented by City, it shall
immediately inform City of this and shall not proceed with further work under this
Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
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 shall indemnify, hold harmless, and defend the City, its Council,
officers, agents and employees from and against any and all claims and losses, costs or
expenses, including but not limited to any damage due to death or injury to any person
and/or injury or damage to any property resulting from any act or omission of Consultant
or any of its officers, employees, servants, agents, or subcontractors in the performance
of this Agreement. Such cost and expense shall include reasonable attorney fees.
Notwithstanding any other provision of this section 13, and as a separate and
independent covenant and obligation, Consultant shall indemnify and hold harmless, but
not defend City, its Council, officers, agents and employees from and against any
damage, liability, loss, cost or expense, which arise out of claim, court action, or
administrative proceeding challenging City approval of the Ortega Ranch Business
Center (AC -04-02), the Environmental Impact Report (EIR) for such project, or any part
of the development identified in the project for which Consultant is preparing the
Environmental Impact Report (EIR) if it is determined by a court action having
jurisdiction that Consultant or any of its agents, employees, or subcontractors
negligently performed its services under this agreement. Consultant's obligation to
indemnify the City shall include reasonable attorney fees and costs.
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.
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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;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Workee!cCompensation.
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/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.
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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.
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 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.
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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
By: &1 ---
David F. Adams, City Manager
Darnell & Associates, In
J0 In V
By:
Bill E. Darnell
ATTEST:
R. Monahan, City Clerk
AS TO FORM:
nr
John R. Slh�w, City fforney
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Darnell & ASSOCIATES. INC.
TRANSPORTATION PLANNING & TRAFFIC ENGINEERING
10 i Ram
April 22, 2004
Revised June 2, 2004
Alan Oswald, Senior Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675 D&A Ref. No.: 4107
Subject: Proposal to Prepare Traffic Impact Study for Ortega Ranch Business Center
Traffic Study (AC -04-02)
Dear Mr. Oswald:
Thank you for allowing Darnell & Associates, Inc. (D&A), to prepare this proposal to prepare a
traffic impact study for the proposed 153,000 square foot professional office development and
related site improvements, located on the west side of Rancho Viejo Rod, north of Ortega
Highway. Our proposal has been revised to include the future modeling costs by the city's
consultant, Urban Crossroads.
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.
3. Collect and assemble future forecast volumes for the proposed project study area from
Urban Crossroads.
1446 FRONT STREET • SUITE 300 • SAN DIEGO, CA 92101
PHONE: 619-233-9373 • FAX: 619-233-4034
E-mail: BD492@aol.com
Mr. Alan Oswald
City of San Juan Capistrano
June 2, 2004
Page 2
4. Assemble 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. Ortega Highway/Rancho Viejo Road
C. Ortega Highway/I-5 SB Ramps
d. Ortega Highway/I-5 NB Ramps
e. Ortega Highway/Del Obispo Street
f. Ortega Highway/EI Camino Real
g. Ortega Highway/Camino Capistrano
h. Del Obispo Street/Camino Capistrano
i. Del Obispo Street/Pasco Adelanto
j. Del Obispo Street/Alipaz Street
k. Camino Capistrano/San Juan Creek Road
1. Camino Capistrano/I-5 SB Ramps
in. Junipero Serra/Camino Capistrano
n. Junipero Serra/I-5 SB Ramps
o. Junipero Serra/I-5 NB Ramps
P. Junipero Serra/Rancho Viejo Road
q. Rancho Viejo Road/Avenida Los Cerritos/Project Driveway
r. Rancho Viejo Road/Paseo Espada
S. La Novia Avenue/Calle Arroyo
t. La Novia Avenue/San Juan Creek Road
Up to four (4) additional intersections may be added following trip generation and
distribution.
5. Assemble 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, otherwise new traffic counts will be conducted):
a. Ortega Highway: La Novia Avenue/Rancho Viejo Road
b. Ortega Highway: Rancho Viejo Road/I-5 NB Ramp
C. Ortega Highway: I-5 NB to I-5 SB Ramp
d. Ortega Highway: I-5 SB Ramp/Del Obispo Street
e. Ortega Highway: Del Obispo Street/El Camino Real
f. Del Obispo Street: Ortega Highway/Camino Capistrano
g. Del Obispo Street: Camino Capistrano/Paseo Adelanto
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Mr. Alan Oswald
City of San Juan Capistrano
June 2, 2004
Page 3
h. Del Obispo Street: Paseo Adelanto/Alipaz Street
i. Camino Capistrano: Ortega Highway/Del Obispo Street
j. Camino Capistrano: Del Obispo Street/San Juan Creek Road
k. Camino Capistrano: San Juan Creek Road/I-5 SB Ramp
1. Junipero Serra Road: Camino Capistrano/I-5 SB Ramp
in. Junipero Serra Road: I-5 SB Ramp/I-5 NB Ramp
n. Junipero Serra Road: I-5 NB Ramp/Rancho Viejo Road
o. Rancho Viejo Road: Junipero Serra Road/Golf Club Drive (2 lane)
P. Rancho Viejo Road: Golf Club Drive/Ortega Highway
q. Rancho Viejo Road: Ortega Highway/Calle Arroyo
r. La Novia Avenue: Ortega Highway/Calle Arroyo
S. La Novia Avenue: Calle Arroyo/San Juan Creek Road
Up to four (4) additional roadway links may be included following trip generation and
distribution.
6. 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/Q ratio for all roadway segments.
Analysis of the buildout condition will be performed with traffic volumes provided by
City modeling.
8. 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:
a. Ortega Highway: La Novia/El Camino Real (and its intersections)
b. Junipero Serra Road: Camino Capistrano/Rancho Viejo (and its intersections)
9. Project alternatives will be analyzed independently, including with and without medical
use.
10. 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.
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Mr. Alan Oswald
City of San Juan Capistrano
June 2, 2004
Page 4
11. Fair share calculations will be conducted at mitigated locations in accordance with City
Policy.
12. Traffic signal warrants will be conducted at Rancho Viejo Road and the project driveway.
13. 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
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).
Attend one (1) City Council public hearing (3 hours).
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.
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Mr. Alan Oswald
City of San Juan Capistrano
June 2, 2004
Page 5
19 Cil] 0133 D1 1X01"
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 Study
Firm Principal
Senior Traffic Engineer
Transportation Planner
Transportation Technician
Word Processor
Report Copies
Shipping/Mileage/etc.
Urban Crossroads Traffic Modeling
8 hours @ $130/hr
8 hours @ $100/hour
100 hours @ $75/hour
16 hours @ $48/hour
6 hours @ 47/hour
33 each @ $20/each
Lump Sum
Lump Sum
Not to Exceed Preparation of Study:
Collection of New Traffic Counts (if necessary):
Manual (peak hour) Counts 24 each x 3 days x $180
Daily (24-hour) Counts 23 each x 3 days x $75
Not to Exceed New Traffic Counts
Meeting Attendance (if necessary):
Firm Principal
14 hours @ $130/hour
Not to Exceed Meeting Attendance
NOT -TO -EXCEED TOTAL PROJECT COST:
$ 1,040.00
$ 800.00
$ 7,500.00
$ 768.00
$ 282.00
$ 660.00
$6,750.00
150.00
$17,950.00
$12,960.00
S5,175.00
$ 18,135.00
1,820.00
$ 1,820.00
$ 37,905.00
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 Darnell & Associates, Inc. and his or her subconsultants to the Client and to
all contractors and subcontractors on the project for any and all claims, losses, costs, damages or any
nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of
Mr. Alan Oswald
City of San Juan Capistrano
June 2, 2004
Page 6
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 have any questions or require additional information, please feel free to contact this office.
Sincerely,
Bill A..eg .
BED/lag
4170-0rtegaRanchPPL.wpd/ 04/06
Message Page 1 of 1
Mitzi Ortiz
From:
Alan Oswald
Sent:
Wednesday, January 05, 2005 3:40 PM
To:
Mitzi Ortiz
Cc:
Lynnette Adolphson
Subject: RE: Agreement Status
Yes, it has.
-----Original Message -----
From: Mitzi Ortiz
Sent: Wednesday, January 05, 2005 12:13 PM
To: Alan Oswald
Subject: Agreement Status
Hi Alan,
Can you tell me if the agreement with Darnell & Associates for the Ortega Ranch traffic study has been
completed?
Thank you!
lJ-
1/5/2005
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CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Lynnette Adolphson, Management Analyst II
FROM: Mitzi Ortiz, Deputy City Clerk DATE: December 1, 2004
SITUATION:
On June 29, 2004, the City of San Juan Capistrano entered into a Personal Services
Agreement with Darnell & Associates, Inc. to prepare a Traffic Study for the Ortega Ranch
Business Center (AC 04-02).
ACTION REQUESTED:
Said Agreement states services shall be completed by December 31, 2004.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
&vim we6 cue 60(70 "x- 66,4 CLe" �))urxz/
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 12/01/04
Deadline Date: 12/31/04
cc: Department Head
(600.30/darnell 2)
ACORD. CERTIFICATLWOF LIABILITY INSURAI E
PRODUCER OA99520 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A
Cavignac & Associates ONLY AND CONFERS NO RIGHTS
HOLDER. THIS CERTIFICATE DOES
450 B Street, Suite 1800 ALTER THE COVERAGE AFFORDED
DATE (MWDD/YV)
06/21/05
San Diego, CA 92101-8005 INSURERS AFFORDING COVERAGE
Dorothy Amundson
INSURED INSURER A: Liberty Insurance Underwriters, Inc.
Darnell & Associates, Inc.
INSURER B:St. Paul Fire & Marina Ia9uzance Company
1446 Front Street, 3rd Floor INSURERC:Dnited States Fidelity & Guaranty Company
San Diego, CA 92101 INSURER D:
INSURER E:
C(1VFRA(:FS
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AB04E 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
IMMIDD�
POLICY EXPIRATION
LIMITS
-LIILDAM
C
GENERAL LIABILITY
BK01896181
06/15/05
06/15/06
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Anyone lire) $1,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE I X I OCCUR
MED EXP (My one 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
17 POLICY X jECT
C
AUTOMOBILE
X
LIABILITY
ANY AUTO
BA01896263
06/15/05
06/15/06
COMBINED SINGLE LIMIT $ 11000,000
(Ea acciOeM)
BODILY INJURY
(Per person) $
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY $
(Per acdr t)
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE $
(Per accitl nt)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGO $
EXCESS LIABILITY
EACH OCCURRENCE $
OCCUR CLAIMS MADE
AGGREGATE $
$
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPENSATION AND
WVA7504172
06/15/05
06/15/06
X WCY MTIITI- OTH-
E.L. EACH ACCIDENT $ 1,000,000
EMPLOYERS' LIABILITY
E.L. DISEASE - EA EMPLOYEE $1,000,000
E.L. DISEASE -POLICY LIMIT $ 1,000,000
A
OTHER
Professional Liability
ARE1968690105
06/15/05
06/15/06
Each Claim $ 1,000,000
Aggregate $2,000,000
f
DESCRIPTION OF OPEMTIONSILOCAnONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMEN(SPECUIL PROVISIONS
Professional Liability - Claims made form, Aggregate limit policy. Defense costs included within limit of liability.
RE: Ortega Ranch Business Center/Project #4107. Certificate Bolder is named as Additional Insured with respect to
General Liability per attached endorsement. •10 days NOC for non-payment of premium.
y
City of San Juan Capistrano
Director of Administrative Services
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
DSA
ACORD 25-S (7/97) Katherine
2987386
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 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO =HALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INSURER, ff5 NTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Q ACORD CORPORATION 1988
0 0
Named Insured: Darnall R Associates, Inc.
Policy Number: BK01896181
Owners, Lessees Or Contractors (Form Q
ADDITIONAL INSURED Effective: 06/15/05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
This endorsement modifies insurance provided under the following;
LIABILITY COVERAGE PART.
Schedule
Name of Person or Organization:
City of San Juan Capistrano
BB: Ortega Ranch Business Center/Project #4107
1. 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.
CLEF 22 45 09 99 Includes copyrighted material or Insaance a Services Office, Inc., with its permission. Page 1 of 1
Copyrighted, Inmranc2 Sepvices Olfmce, IM., 1984
9
Cavignac a Associates
450 H 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
OSA
0
If you have questions regarding the content of this document, please contact
the Insured listed on the certificate or Cavignac & 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 ByCertifieatesNowm
32400 PASEO ADELA NTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www s anjuancapRstrano- org
June 9, 2005
Darnell & Associates
1446 Front Street, 3rd Floor
San Diego, CA 92101
N
DNAPIARIIO
• tl1A/BSMF/ I 1961
1776
MEMBERS OF THE CITY COUNCIL
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
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
✓ 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, 3240 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above
exp)ra*n dues. lf�you have any questions, please contact me at (949) 443-6309.
Secretary
cc: Dawn M. Schanderl, Administrative Assistant
San Juan Capistrano: Preserving the Past to Enhance the Future
�� PnnfarlonmrvdeLnaon,
06/•17/04 ConfirmNet -> 19494931053
Pg 2/3
ACORD,a CERTIFICATE OF LIABILITY INSURANCE 6/17 MNDNYI
06/17/04
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
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1230 Columbia Street, Suite 85D ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego, CA 92101 INSURERS AFFORDING COVERAGE
Dorothy Amundaon
INSURED INSURERA:United States Fidelity & Guaranty Company
Darnell & Associates, Inc.
INSURERB:St. Paul Fire & Marine Insurance Company
1446 Front Street, 3rd Floor INSURER ¢Liberty Insurance Underwriters
San Diego, CA 92101 INSURER D.
INSURER E:
COVERAGES
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 AFFORDEDBY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVEBEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICYNUMBER
POLICYEFFECTNE
DATE MMUDDNYI
POLICYEXPIRATIONLTR
DATE iMMMnWI
LIMBS
A
GENERAL LIABILITY
BRO1896101
06/15/04
06/15/05
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(My one fire) $1,000,000
X COMMERCIALGENERALLIABILITY
IXIOCCUR
MED EXP(Any n,e persdi) $10,000
PERSONAL&ADV NJURY $ 1,000,000
X Broad Farm
X
Blanket Contractual
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS-COMPIOPAGG $2.000,000
POLICY X IFCPRO- LOC
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
BA01896263
06/15/04
06/15/05
COMBINED SINGLE LIMIT $1,000,000
(Ea acotlen0
BODILY INJURY $
(Per persml
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY $
(Per acdtlenl)
HIRED AUTOS
NOV-OWNED PDT08
PROPERTY DAMAGE $
(Per acdJenl)
GARAGE LIABILITY
AUTOONLY-EAACCIDENT S
OTHER THAN EA AUG $
ANY AUTO
AUTO ONLY AGG $
EXCESS LIABILITY
EACH OCCURRENCE $ '
AGGREGATE $
OCCUR Ll CLAIMSMADE
g
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPENSATION AND
EMPLOYERVLIABILITY
wVA7504172
06/15/04
06/15/OS
X WC BTAT"- OTHLIM T,-
EL EACH ACCIDENT $110001000
El. DISEASE - EA EMPLON'Ed $1,000,000
EL DISEASE - PCLUYLIMIT I $1,000,000
OTHER
C
Professional Liability
AEB1968690104
06/15/04
06/15/05
Each Claim 11000,000
Aggregate 21000,000
DESCRIPTION OF OPERATIONSILOCATONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROMMONS
Professional Liability - Claims Made Form, Aggregate Limit Polity. Defense costa Included within Limit of Liability.
RE: Project X030903. Certificate Holder is named as Additional Insured as respects to General Liability per attached
andorsement. A10 days notice of cancellation for non-payment of premium.
CERTIFICATE MOLDER I y I IHSORcs-wramcelcr.cs. A CANCFI I ATION
:ity of San Juan Capistrano
Director of Administative Services
32400 Paseo Adslanto
San Juan Capistrano, CA 92675
USA
Catherine
1886063
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL A30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ADTHORUED REPRESENTATIVE /I
Ota✓(f`�.-(Y .mal ,-..._
G ACC
06/117/04 ConfirmiNet —> 19494931053
Named Insured: Darne 3l & Aeane iatea, m<.
Policy Number : BK01896181
Owners, Lessees Or Contractors (Form C)
ADDITIONAL INSURED Effective: 06/15/04
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 Sen Juan Capistrano
Project 4030903
1. SECTION II - MO IS AN INSURED is amended to include as
an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of
"your work" for that insured by or for you.
Z With respect to 1. above the following additional provision
applies:
SECTION IV. 5. Other Insurance is replaced by the
following:
5. Other Insurance.
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
Pg 3/3
•
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.
CUBF 32 45 08 88 Includes copynghted material of Insures ce a samcas Office. Inc.. uUh its pem11661ae. Page I of I
Cop9nghted, Insurarte Swicas Me, Int.. 1984
06,P17/04 ConfirmNet ->
19494931053
TO:
City of San Juan Capistrano
Attn: Director of Administetive Services
Falc 1-949-493-1053
FROM: Bernell & Associates, Inc.
Phone:
Agency: Cavignac & Associates
Phone: 1-619-234-6848
Pg 1/3
Subject:
This insurance document was brought to you by CertificatesNow, from Cavignac & Associates.
If you have questions regarding the content of this document, please contact
the Insured listed on the certificate of insurance or the notice of
cancellation/reinstatement.
The data included in this notice and in the attached document is confidential to ConfirmNet and the
parry responsible for bringing you this information.
Powered ByCertirmatssNown'
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92575
(949) 493-1171
(949) 493-1053 FAX
w w.sanjuancaplstrano. org
May 17, 2004
Darnell & Associates
1446 Front Street, 3rd Floor
San Diego, CA 92101
Ig11AlIRAlf1
F�IISX[1 I 1961
1776
�I
MEMBERS OF THE CITY COUNCIL
RE: Compliance with Insurance Requirements — Plan Check Services/Traffic
Engineering Services
The following insurance documents are due to expire:
SAM ALLEVATO
DIANE L BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
✓ General Liability Certificate 06/15/2004 *�
✓ General Liability Endorsement Form naming the City of San Juan
Capistrano as additional insured.
✓ Automobile Liability Certificate 06/15/2004 kxj
✓ Professional Liability Certificate 06/15/2004 \%
✓ Workers Compensation Certificate 06/15/2004
Please submit update ocumentation to the City of San Juan Capistrano, attention City
Clerk's office, 2400 seo Adelanto, San Juan Capistrano, CA 92675 by the above
expiratgn yi
ACORD„ CERTIFICATTOF LIABILITY INSURAIME DATE 7/04D Y)
06/17/04
PRODUCER IA19521
Cavignac & Associates
1230 Columbia Street, Suite 850
San Diego, CA 92101
Dorothy Amundson
INSURED
Darnell & Associates, Inc.
1446 Front Street, 3rd Floor
San Diego, CA 92101
COVERAGES
1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
RE_ C
INSURERS AFFORDING COVERAGE
I
—_
10U4 JUN 22 4:_
�P 1_ :16'__E _ _ —
INSURERA United States Fidelity & Guaranty Company___
INSURERS St Paul Fire & Marine Insurance Company
INSURER Liberty Insurance Underwriters
SO Jul i.:, t.. i. l.(; I III INSURER
I INCI IRFR F -
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 POLICY EXPIRATIOI TRN LIMITS
A
GENERAL LIABILITY
BKO1896181
06/15/04
06/15/05
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any we lire)
$1,000,000
CLAIMS MADE LX] OCCUR
MED EXP (Any one person)
$ 10, 000
PERSONAL 8 ADV INJURY
$ 1,000,000
X Broad Form
GENERAL AGGREGATE
$2,000,000
X Blanket Contractual _
PRODUCTS - COMP/OP AGS_
$2,000,000
C71 AGGREGATE LIMIT APPLIES PER:
POLICY X "O_IFCT LOC
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
BA01896263
06/15/04
06/15/05
COMBINED SINGLE LIMIT
Ea accident)
$ 1,000,000
BODILY INJURY
(Per person)
$
_
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accid M)
$
— -
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per acciden)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
$
$
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPEHSAncNi AND
EMPLOYERS' LIABILITY
WVA7504172
06/15104
06/15/05
X WC STATU- OTH-
Y IMI
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EIVIPLOYEN
$1,000,000
E.L. DISEASE -POLICY LIMIT
I $1,000,000
OTHER
C
Professional Liability
AEE1968690104
06/15/04
06/15/05
Each Claim 11000,000
Aggregate 2,000,000
DESCRIPTION OF OPERATIONS/LOCAnONSNEHICLEWEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
-Professional Liability - Claims Made Form, Aggregate Limit Policy. Defense coats Included within Limit of Liability.
2E: Project #011009C. Certificate Holder is named as Additional Insured as respects to General Liability per attached.
-10 days NOC for non-payment of premium.
CFRTIFICATF Hf1L FIFR I Iennrtlnuei weuvcn. wvuvcv,errcv. A CANCFI I ATInKI
:ity of San Juan Capistrano
lisector of Engineering and Building
12400 Paseo Adelanto
;an Juan Capistrano, CA 92675
USA
Katheri
1886045
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL 9 MXWY4 MAIL '30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, WJrAXX=KX5X&'60 SHALL
XOLffiE4BC77G1R7BL1f7AiXNO WlYXY1BCH7P7gNGPiNCY[BOB WOID77]07BXNOL911iK7GX0[S�G7LXN79LLR
AUTHORIZED REPRESENTATIVE /"/
o ACORD CORPORATION!
0 0
Named Insured: Darnell & Aaeociatea, Inc.
Policy Number : BKO1896181
Owners, Lessees Or Contractors (Form C)
ADDITIONAL INSURED Effective: 06/15/04
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: Project #011009C
1. 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.
CLIBF 22 45 09 99 Includes copyrighted material or Insurance e Services Office, Inc., with its permission. Page 1 of 1
Copyrighted, insurance Services OtfCe, Int., 1964
Cavignac & Associates 0
1230 Columbia Street, Suite 850
San Diego, CA 92101
City of San Juan Capistrano
Director of Engineering and Building
32900 Paseo Adelanto
San Juan Capistrano, CA 92675
USA RE C�', 1.
USA
2004 JUN 22 P 4: 1 b
C'.
SAN JU,"„'.r15;,a:
C.
This insurance document was brought to you by CertificatesNow, from Cavignac & Associates.
If you have questions regarding the content of this document, please contact
the Insured listed on the certificate of insurance or the notice of cancellation/reinstatement.
?ECEIVED
.JUN 21 2004
!'iISION
The data included in this notice and in the attached document is confidential to Confirm et
and the party responsible for bringing you this information.
Powered ByCertificatesNowN
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
H it rrsaryuancapistrano. m g
June 30, 2004
Darnell & Associates, Inc.
1446 Front Street, Ste 300
San Diego, CA 92101
Dear Sir or Madam:
IAIpA1pAAlfp
tstaimnfo � 1951
1776
MEMBERS OF THE CRY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
Enclosed is an executed, original personal services agreement related to preparation of
a traffic study for the proposed Ortega Ranch Business Center (AC 04-02) located on
the west side of Rancho Viejo Road.
Thank you for maintaining documentation confirming current compliance with the terms
of insurance under your agreements with the city. 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 11
Finance
San Juan Capistrano: Preserving the Past to Enhance the Future