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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 C:\MyFiles\CONTRACTS\darnellpsaortegaranch.wpd -1- 5/21/04 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:\MyFlles\CONTRACTS\damellpsaoAegamnch.wpd -2- 5121104 PDF created with FinePrint pdfFactory trial version http:llwww.fineprint.com 9 0 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 C:\MyFiles\CONTRACTS\damellpsaortegaranch.wpd -3- 5/21/04 PDF created with FinePrint pdfFactory trial version htti)://www.fineprint.com 0 0 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. C:\MyFiles\CONTRACTS\darnellpsaortegaranch.wpd -4- 5/21/04 9 0 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. C:\MyFiles\CONTRACTS\damellpsaortegaranch.wpd -5- 5/21104 PDF created with FinePrint pdfFactory trial version htto://www.fineorint.com 0 0 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. C:\MyFilesICONTRACTS\darnellpsaortegaranch.wpd -6- 5121104 PDF created with FinePrint pdfFactory trial version htto://www.fineodnt.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 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 C:\MyFiles\CONTRACTSWamellpsaortegamnch_wpd -7- PDF created with FinePrint pdfFactory trial version htto://www.fineorint.com 5121/04 0 0 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 0 0 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. 0 0 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. 0 9 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 0 0 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