07-1203_DARNELL & ASSOCIATES, INC_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this'0 day
of December, 2007,.ty-and between the City of San Juan Capistrano (hereinafter referred
to as the "City") and Darnell & Associates, Inc. (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to perform a traffic study of the proposed Koll San Juan project, which consists
of a request for approval of a commercial office project consisting of ten (10.), buildings
totaling 68,000 gross square feet (GSF) of building area on an existing 9.2 -acre parcel
located on the east side of Rancho Viejo Road approximately 500 feet north of Spotted Bull
Lane; 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 the City shall consist of those tasks as set
forth in Exhibit "A", attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than January 31, 2008.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $36,505.00
as set forth in Exhibit "B", attached and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period.
The City will pay monthly progress payments based on approved invoices in
accordance with this Section.
3.3 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 Subcontractina 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 priorwritten 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.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested bythe City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work to be performed underthis
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 the City of this and shall not proceed with further work under this Agreement until
written instructions are received from the City.
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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 work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or 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 the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for damages arising from the negligence,
recklessness, or willful misconduct of Consultant in Consultant's performance under this
agreement.
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Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. 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 an amount not less than
one million dollars per occurrence ($1,000,000.00), combined single limit coverage
for risks associated with the work contemplated by this agreement. If a Commercial
General Liability Insurance form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be performed
under this agreement or the general aggregate limit shall be at least twice the
required occurrence limit.
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 an amount not less than one million dollars per
occurrence ($1,000,000.00).
14.3 Worker's Compensation,
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this
Agreement, Worker's Compensation Employer's Liability Insurance in the statutory
amount as required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising
out of activities performed by or on behalf of Consultant, including the insured's
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; or automobiles
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owned, leased, hired, or borrowed by Consultant. The coverage shall contain no
special limitations on the scope of protection afforded City, its officers, employees,
agents, or volunteers.
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's General
Counsel 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 notterminate, norshall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City,
except that ten (10) days' notice shall be given if there is a cancellation due to
failure to pay a premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party 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.
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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: Administrative Services Director
To Consultant: Darnell & Associates, Inc.
1446 Front Street, 3rd Floor
San Diego, CA 92101
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPIppSTRANO
By:
Dave Adams, City Manager
CONSULTANT
t\
By:
B' 1 E. Darnell, P.E.
APPROVED•FORM:
•
DRAFT SCOPE OF WORK
KOLL SAN JUAN OFFICE DEVELOPMENT
(AC 07-017. RZ 07-002, GPM 07-001)
PROJECT DESCRIPTION: The Koll San Juan project consists of a request for
approval to a commercial office project consisting of ten (10), buildings totaling
68,000 gross square feet (GSF) of building area on an existing 9.2 -acre parcel
located on the east side of Rancho Viejo Road approximately 500 feet north of
Spotted Bull Lane in the "PC" (Planned Community) Zoning District. The project
also includes a proposed amendment to the Gateway Specific Development Plan
(SDP) and a Grading Plan Modification (GPM) for the proposed site grading.
The work required by the City consists of preparation of a traffic report consistent
with the City's Administrative Policy 310, Preparation and Use of Traffic Reports
(see attachment), which addresses the traffic impacts of the proposed project,
including the following:
A. Level of Service (LOS), using both ICU and HCM methods, at the following
intersections based on the City's minimum "D" level -0f -service per the
General Plan Growth Management Element (see attachment):
1. Rancho Viejo Road / Marguerite Parkway / Via Escolar
2. Rancho Viejo Road / Project Driveway
3. Rancho Viejo Road / Spotted Bull Drive
4. Rancho Viejo Road / Village Road
5. Rancho Viejo Road / Junipero Serra Road
6. Junipero Serra Road / 1-5 Northbound Ramps
7. Junipero Serra Road / 1-5 Southbound Ramps
8. Junipero Serra Road / Camino Capistrano
9. Camino Capistrano / Oso Road
10. Avery Parkway / Marguerite Parkway
11. Avery Parkway/ 1-5 Northbound Ramps
12. Avery Parkway / 1-5 Southbound Ramps
13. Avery Parkway / Camino Capistrano
All traffic counts used for this evaluation shall have been taken within one
year of the notice to proceed for this traffic study. Traffic signal cycle lengths
and PHF used in any calculations shall be verified prior to intersection
calculations being performed.
B. Level of Service (LOS), using ADT and peak -hour Link Capacity Analysis
Methodology, on the following links based on the City's minimum " C" levekof-
service per the General Plan Growth Management Element:
1. Rancho Viejo Road, Via Escolar to Project driveway
2. Rancho Viejo Road, Project driveway to Spotted Bull Drive
3. Rancho Viejo Road, Spotted Bull Drive to Village Road
EXHIBIT A
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Koll San Juan Traffic Study Scope of Work 2 of 4 September 18, 2007
4. Rancho Viejo Road, Village Road to Junipero Serra Road
5. Rancho Viejo Road, Junipero Serra Road to Golf Club Drive
6. Junipero Serra Road, Rancho Viejo Road to 1-5 NB Ramps
7. Junipero Serra Road, 1-5 NB Ramps to 1-5 SB Ramps
8. Junipero Serra Road, 1-5 SB Ramps to Camino Capistrano
9. Camino Capistrano, Junipero Serra Road to Oso Road
10. Marguerite Parkway, Via Escolar to Avery Parkway
11. Avery Parkway, Marguerite Parkway to 1-5 NB Ramps
12. Avery Parkway, 1-5 NB Ramps to 1-5 SB Ramps
13. Avery Parkway, 1-5 SB Ramps to Camino Capistrano
C. the "existing", "existing plus project", "existing plus project plus. cumulative
(near-term)" and "existing plus project plus buildout" scenarios.
In addition, at locations where project -related impacts are identified, the
project's "Fair Share" shall be calculated, and shall be that percentage of
cost based on the ratio of traffic generated by the project to the total future
projected peak hour traffic generation from potential development within the
City at that particular location. Existing traffic and future though traffic will be
subtracted out and will not be considered in the calculations.
D. Level of Service (LOS), using an operational analysis (SYNCHRO) along
Junipero Serra Road at the following intersections, based on the City's
minimum "D" LOS per the General Plan Growth Management Element:
Junipero Serra Road / Camino Capistrano
Junipero Serra Road / 1-5 Southbound Ramps
Junipero Serra Road / 1-5 Northbound Ramps
Junipero Serra Road / Rancho Viejo Road
Turning movement counts at:
- Rancho Viejo Road/Mission Hills Drive and
- Rancho Viejo Road / Malaspina Road
should be obtained by the consultant as a part of the Junipero Serra Road
operational analysis.
E. up to four (4) links and four (4) additional intersections, to be determined by
the City subsequent to the completion of the trip generation, trip distribution
and/or project impact evaluation sections of the traffic report.
F. on-site traffic circulation, parking review and driveway sight distance
evaluation.
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Koll San Juan Traffic Study Scope of Work 3 of 4 September 18, 2007
II. MEETING ATTENDANCE: The consultant may be required, at the direction of the
City, to attend the following meetings to answer questions and/or make
presentations to Commissions and/or the City Council. Meeting attendance will be
limited to one individual, the principal/project manager:
A. Three (3) staff meetings (one hour each).
B. One (1) Environmental Administrator meeting (one hour).
C. Two (2) Transportation Commission meeting (three hours each).
D. Two (2) Planning Commission public hearings (three hours each).
E. Two (2) City Council public hearings (three hours each).
III. PROJECT SCHEDULE: The consultant will be required to meet the following
schedule:
Submit screencheck draft traffic report within five (5) weeks of notice to
proceed.
Submit draft report within one (1) week of receipt of City comments on
screencheck.
Submit final report within one (1) week of Environmental Administrator
action.
IV. PROJECT COST: The proposal will include a detailed cost estimate reflecting
discrete costs by task for all personnel, subtotals for project management,
preparation of the report, meeting attendance, and production of products/
deliverables. The cost for evaluating the four (4) links and four (4) additional
intersections will not be included in the base cost, but as additive items listed per
link or per intersection.
V. PRODUCTS (DELIVERABLES): The following products will be prepared by the
consultant as part of this contract:
A. Three (3) copies of the screencheck draft traffic report (staff review).
B. Ten (10) copies of the draft traffic report (Environmental Administrator
review).
C. Twenty (20) copies of the final traffic report (Commission/Council review).
VI. TRAFFIC REPORT: The contents of the traffic report shall conform to the City of
San Juan Capistrano, Administrative Policy #310, Preparation and Use of Traffic
Reports. Mitigation measures regarding off-site improvements will be consistent
with City Council Policy #111, Fair Share Methodology (see attachment).
All pertinent materials, studies, or persons consulted in the preparation of the report
shall be listed within the appendices. The identity of all Federal, State, and local
agencies, or other organizations and private individuals consulted in the report
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Koll San Juan Traffic Study Scope of Work 4 of 4 September 18, 2007
preparation and the identity of all persons, firms, and City staff preparing the report
by contact or other authorization, shall also be listed. Reference to these sources
within the text of the appropriate sections shall be made by footnote or other means
acceptable to the City.
Attachments: Administrative Policy #310, Preparation and Use of Traffic Reports
City Council Policy #111, Fair Share Methodology
Man\Development Rev{ew\Ventanas\Kdl San Juan Soope of Wmk.doc
E
Darnell & ASSOCIATES, INC.
TRANSPORTATION PLANNING & TRAFFIC ENGINEERING
September 18, 2007
19
Mr. Alan Oswald
City of San Juan Capistrano
324000 Paseo Adelanto
San Juan Capistrano, CA •92675 D&A Ref. No.: 4900
Subject: Proposal to Prepare Traffic Impact Study for Koll San Juan Office Development
Dear Mr. Oswald:
Thank you for the opportunity to submit this proposal to prepare a traffic impact study to address
potential traffic related impacts to the proposed Ventanas Office -Industrial development.
The following proposal summarizes our scope of services, schedule and budget.
SCOPE OF SERVICES
Data Collection
1. Obtain a site plan for the proposed project, showing project location and access points.
2. Collect new traffic counts (3 consecutive days) at the following 13 locations (and up to four
additional locations if required by the City following traffic distribution):
1. Rancho Viejo Road / Marguerite Parkway / Via Escobar
2. Rancho Viejo Road / Project Driveway
3. Rancho Viejo Road / Spotted Bull Drive
4. Rancho Viejo Road / Village Road
5. Rancho Viejo Road / Junipero Serra Road
6. Junipero Serra Road / I-5 Northbound Ramps
7. Junipero Serra Road / I-5 Southbound Ramps
8. Junipero Serra Road / Camino Capistrano
9. Camino Capistrano / Oso Road
1.0. Avery Parkway / Marguerite Parkway
11. Avery Parkway / 1-5 Northbound Ramps
12. Avery Parkway / I-5 Southbound Ramps
13. Avery Parkway ( Camino Capistrano
14. Four (4) additional locations as needed.
3. Collect new traffic counts (3 consecutive days) on the following 13 roadway segments (and up to
four additional locations if required by the City following traffic distribution):
1. Rancho Viejo Road, Via Escobar to Project driveway
2. Rancho Viejo Road, Project driveway to Spotted Bull Drive
3. Rancho Viejo Road, Spotted Bull Drive to Village Road
EXHIBIT B
Mr. Alan Oswald
City of San Juan Capistrano
September 18, 2007
Page 2
4. Rancho Viejo Road, Village Road to Jumpero Serra Road
5. Rancho Viejo Road, Junipero Serra Road to Golf Club Drive
6. Junipero Serra Road, Rancho Viejo Road to I-5 NB Ramps
7. Junipero Serra Road, I-5 NB Ramps to I-5 SB Ramps
8. Junipero Serra Road, I-5 SB Ramps to Camino Capistrano
9. Camino Capistrano, Junipero Serra Road to Oso Road
10. Marguerite Parkway, Via Escobar to Avery Parkway
11. Avery Parkway, Marguerite Parkway to I-5 NB Ramps
12. Avery Parkway, I-5 NB Ramps to I-5 SB Ramps
13. Avery Parkway, I-5 SB Ramps to Camino Capistrano., and
14. Four (4) additional segments as needed.
4. Obtain future model data from Urban Systems for involved intersections and.roadway links.
Traffic Analyses
5. Generate list of cumulative projects, including trip generation and distribution for each project
which may impact the project study area.
6. Generate trip generation and distribution for the proposed project using regionally acceptable rate
sources.
7. Analyze the project's impacts and fair share. mitigations at the above listed intersections for the
following conditions using the City's current impact study guidelines and Administrative Policy
310 and Fav Share Methodology (City Council Policy #111), which include ICU, HCM, for peak
hour intersection analyses:
Existing Condition
Existing Plus Project Condition
Near Term Cumulative Condition
Future (With and Without Project) Condition
8. Analyze the project's impacts at the above listed roadway segments for the following conditions
using the City's current impact study guidelines, which include Volume to Capacity (V/Q ratios
for daily roadway link analysis.
Existing Condition
Existing Plus Project Condition
Near Term Cumulative Condition
Future (With and Without Project) Condition
9. Analyzetheperformance of the following roadway links during both peak hours using the
SYNCHRO coordination software for all traffic conditions (includingintersectionswithin these
links). Turning movement counts at Rancho Viejo Road/Mission Hills Drive and Rancho Viejo
Road/Malispina Road will be used as a part of the Junipero Serra Road analysis.
Jumpero Serra Road / Camino Capistrano
Junipero Serra Road / I-5 Southbound Ramps
Junipero Serra Road / I-5 Northbound Ramps
Mr. Alan Oswald
City of San Juan Capistrano
September 18, 2007
Page 3
Junipero Serra Road / Rancho Viejo Road
10. Analyze project access, internal circulation, and provide a parking review.
Traffic Study Documentation
11. Prepare a traffic report documenting our findings and conclusions.
12. Submit a screen -check draft report (3 copies) to the City for comments.
13. Prepare a draft traffic report (10 copies) following receipt of City comments.
14. Prepare a final traffic report (20 copies) following final City comments.
Meeting Attendance
15. The firm principal and/or lead transportation planner will be available to attend the following
meetings:
Three (3) staff meetings (one hour each)
Two (2) Environmental Administrator meeting (one hour each)
One (1) Transportation Commission meeting (three hours)
Two (2) Planning Commission public hearings (three hours)
Two (2) City Council public hearings (three hours)
PROJECT SCHEDULE
We can begin work immediately and prepare the draft report within five (5) weeks following after receipt
of the Urban Crossroads Modeling. Response to City comments will take an additional two (2) weeks
after receipt of comments.
PROJECT BUDGET
We can perform the items listed in Tasks 5-14 (Traffic Analysis and Documentation) for a not -to -exceed
fee of $10,490. This fee is based on the computation of man-hours and costs in the table below.
Traffic counts will be billed on a "cost -per" basis. Based on the intersection data, up to 17 intersection
counts are required. Based on the roadway segment data, up to 17 locations require new counts. A new
model from Urban Crossroads is also required as part of the data collection. For a budgeting purposes we
have included a budget of $10,000 for this work. The cost associated with Tasks 2-4 is estimated at
$20,965 and is summarized in the table below.
Meeting attendance is billed on a time -and materials basis. Meeting attendance is estimated at $5,050 and
is summarized in the table below.
The overall estimated cost of the project is a not -to -exceed fee of $36,505.00. This includes traffic
analysis and report preparation ($10,490), traffic count data collection ($20,965), and meeting costs
($5,050.00).
The Client agrees that the technical methods, design details, techniques and pricing data contained in any
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Mr. Alan Oswald
City of San Juan Capistrano
September 18, 2007
Page 4
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.
Report Analysis & Documentation Tasks 1 5-14
Firm Principal
10
hours@
$150.00
$1,500.00
Transportation Planner
72
hours @
$90.00
$6,480.00
Transportation Technician
12
hours @
$60.00
$720.00
Word Processor
10
hours @
$50.00
$500.00
Report Copies
33
each@
$30.00
$990.00
Misc Expenses
I
each P
$300.00
$300.00
Analysis & Documentation Total
$10,490.00
Data Collection asks 2, 3, 4
Intersections (3 day count)
17
each @
$525.00
$8,925.00
24-hour Segment (3 day count)
17
each @
$120.00
$2,040.00
Urban Crossroads Model
1
each
$10,000.00
$10,000.00
Data Collection Total
$20 965.00
Meeting Attendance Task 1
Firm Principal
20
hours @
$150.00
$3,000.00
Transportation Planner
20
hours @
$90.00
$1,800.00
Misc Ex enses/Milea e
1
each @
$250.00
$250.00
Meeting Attendance Total
$5,050.00
Total Estimated Project Cost
S36,505.00
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
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
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Mr. Alan Oswald
City of San Juan Capistrano
September 18, 2007
Page 5
requirements, effective March 10, 2000 of Title 16, California Code of Regulations, section 463.5.
Your signature in the signature block below also serves as acknowledgment that you have received
this notification.
If you concur with the provisions of this proposal, please sign in the space provided below and return the
original copy to our office. Receipt of the signed proposal will constitute our formal authorization to
proceed.
This proposal is valid for sixty (60) days.
Please feel free to contact our office should you have any questions or comments.
Sincerely,
DARNELL &ASSOCIATES, INC.
Bill E. Daniell, P.E.
RCE: 22338
BED/bh/jam
4900-SIC.Koll-PPV
We concur with the provisions of the proposal
and authorize D&A to perform the services
described above.
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(Signature)
(Print name & title)
(Date)
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 493-1053 FAx
www. sanj uancapistrano. org
TRANSMITTAL
Darnell & Associates, Inc.
1446 Front Street, 3`d Floor
San Diego, CA 92101
DATE: December 7, 2007
FROM: Maria Morris, Deputy City Clerk (949) 443-6309
RE: Personal Services Agreement — Koll San Juan Project Traffic Study
MEMBERS OF THE CITY COUNCIL
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
OR. LONORES USO
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949)443-6309.
If you have questions concerning the agreement, please contact Alan Oswald, Senior Traffic
Engineer (949) 443-6356.
An original agreement is enclosed for your records.
Cc: Alan Oswald, Senior Traffic Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
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�,� Printed on 100% recycletl paper