06-0418_DARNELL & ASSOCIATES, INC_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this Atoday of April, 2006, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and Darnell
& Associates. Inc. (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to prepare a Traffic Impact Study for the proposed Habitat for Humanity project
for development of twenty-seven (27) affordable ownership condominiums (Tentative Tract
17027 and AC 06-01 - Calle Rolando Villas); 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, 2006.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Thirty -Two Thousand Eight Hundred Ten Dollars ($32,810.00), as set forth in Exhibit "A,"
attached and incorporated herein by reference.
3.2 Rate Schedule.
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The services shall be billed to the City at the rates set forth in Exhibit "A,"
attached and incorporated herein by reference. Included within the compensation are all
the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
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.
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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.
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.
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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 errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/anyone occurrence/not limited to
contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
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$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 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City Clerk's office for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of 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.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
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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.
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").
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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: Q. -...Y --F-- Qvtr,�
David F. Adams, City Manager
Darnell & Associates, Inc.
By:
Bill E. Darnell, P.E.
V
AS TO FORM:
Clerk
John R. S w, City Attorney
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224/06
Darnell & ASSOCIATES, INC.
TRANSPORTATION PLANNING & TRAFFIC ENGINEERING
March 13. 2006
Lynette Adolphson
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA. 92675 D&A No.: 060211C
Subject: Additional Services for Habitat for Humanity 27 Unit Affordable housing
Development Traffic Study.
Dear Ms. Adolphson:
In accordance with our meeting last week, we have identified additional traffic counts to be
collected and included in our intersection and roadway segment analysis.
Additional three (3) day AM/PM Counts (Manual Peak Hour):
• Alipaz/ Via Positivia—Valle Pacificia; and
• Alipaz/ Camino Del Avion.
Additional three (3) day roadway segment (Daily 24- Hour):
• Alipaz—N/0 Calle Rolando;
• Alipaz—N/0 Camino Del Avion;
• Camino Del Avion — Del Obispo to Alipaz; and
• Calle Rolando — E/O Alipaz.
The above roadway segments and intersections will be included in our report.
The cost to add the intersections and roadway segments is as follows:
Manual Peak Hour Counts — Two @ 3day/$160 = $960.00
Daily 24 Hour Counts — Four @ 3days/$50 = $600.00
Total: $1,560.00
Approval of this augment will increase our not -to -exceed $31,250.00 to $32,810.00.
Please call if you have any questions.
Sincerely,
Darnell & Associates, Inc.
Bill E. Darnell, P.E.
RCE: 22338
BED/jam
EXHIBIT A
Darnell & ASSOCIATES, INC.
TRANSPORTATION PLANNING & TRAFFIC ENGINEERING
EXHIBIT A
February 16, 2006
Alan Oswald, Senior Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675 D&A Ref. No.: 4574
Subject: Proposal to Prepare Traffic Impact Study Habitat for Humanity Development Traffic
Study (Construction of an Owner -Occupied Affordable Housing Development).
Dear Mr. Oswald:
Thank you for allowing Darnell & Associates, Inc. (D&A), to prepare this proposal to prepare a traffic impact
study for development of twenty seven (27) affordable condominiums.
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
1. 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. Prepare future forecast volumes for the proposed project study area using the City's consultant Urban
Crossroads.
4. Collect three (3) day AM/PM traffic counts at the follow fourteen (14) intersections:
a) Del Obispo Street/Camino Del Avion
b) Alipaz Street/Calle Rolando
c) Del Obispo Street/Alipaz Street
d) Del Obispo Street/Paseo Adelanto
e) Del Obispo Street/Camino Capistrano
i) Del Obispo Street/Ortega Highway
g) Ortega Highway/1-5 SB Ramps
h) Ortega Highway/1-5 NB Ramps
i) Ortega Highway/Rancho Viejo Road
j) Ortega Highway/Camino Capistrano
Mr. Alan Oswald
City of San Juan Capistrano
February 16, 2006
Page 2
k) Camino Capistrano/San Juan Creek Road
1) Camino Capistrano/1-5 SB Ramps
m) San Juan Creek Road/Valle Road
n) Valle Road/I-5 NB Ramps/La Novia Avenue
Collect 24 hr machine counts at the following eighteen (18) intersections:
a) Camino Del Avion, Del Obispo Street to the West City Limits (Shipside Dive)
b) Del Obispo Street, Bluefin Drive to Camino Del Avion
c) Del Obispo Street, Camino Del Avion to Aquacate Street
d) Del Obispo Street, Aquacate Street to Alipaz Street
e) Del Obispo Street, Alipaz Street to Paseo Adelanto
f) Del Obispo Street, Paseo Adelanto to Camino Capistrano
g) Del Obispo Street, Camino Capistrano to Ortega Highway
h) Ortega Highway, Camino Capistrano to El Camino Real
i) Ortega Highway, El Camino Real to Del Obispo Street
j) Ortega Highway, Del Obispo Street to I-5 SB Ramps
k) Ortega Highway, I-5 SB Ramps to I-5 NB Ramps
1) Ortega Highway, I-5NB Ramps to Rancho Viejo Road
m) Camino Capistrano, Ortega Highway to Del Obispo Street
n) Camino Capistrano, Del Obispo Street to San Juan Creek Road
o) Camino Capistrano, San Juan Creek Road to I-5 SB Ramps
p) San Juan Creek Road, Camino Capistrano to Valle Road\
q) San Juan Creek Road, Valle Road to La Novia Avenue
r) Valle Road, San Juan Creek Road to I-5 NB Ramps/La Novia Avenue
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.
7. 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) Del Obispo Street from Alipaz to Camino Capistrano
b) Ortega Highway from Del Obispo Street to Rancho Viejo Road.
9. Project access will be analyzed independently from Calle Rolando to Alipaz.
10. Fair share calculations will be conducted at mitigated locations in accordance with City Policy.
11. Traffic signal warrants will be conducted Alipaz and Calle Rolando.
12. Conduct on-site circulation and parking review to determine its adequacy and conformance to City
requirements..
•
Mr. Alan Oswald
City of San Juan Capistrano
February 16, 2006
Page 3
CONSULTANT MEETINGS
1. Attend three (3) staff meetings (1 hour each).
2. Attend two (2) Transportation Commission meeting (2 hours each).
3. Attend two (2) Planning Commission public hearing (2 hours each).
4. Attend one (1) City Council public hearing (3 hours).
SCHEDULE
D&A can begin work within two (2) weeks on this project and will meet the following submission deadlines:
Submit five (5) copies of the Screen Check Impact Study and Appendices to the City within six (6)
weeks following authorization to proceed.
Submit five (5) copies of the Final Traffic Impact Study and Appendices will be submitted within two
(2) weeks following receipt of City comments on the Draft Traffic Impact Study.
PROPOSED FEE
The proposed fee is based on the following computation of man-hours and costs. The fee is broken down into
three (3) sections, including (a) costs for preparing the traffic study (which includes response to comments), (b)
costs for collecting new and additional traffic counts (if necessary); and (c) costs for attending meetings (if
necessary).
Preparation of Traffic Study
Firm Principal
Transportation Planner
Transportation Technician
Word Processor
Report Copies
Shipping/Mileage/etc.
City Modeling
Urban Crossroads
Collection of New Traffic Counts:
Manual (peak hour) Counts
Daily (24-hour) Counts
Meeting Attendance (if necessary):
Firm Principal
12 hours @ $150/hr
64 hours @ $90/hour
10 hours @ $60/hour
8 hours @ 50/hour
10 each @ $30/each
Lump Sum
Sub Total
Lump Sum
18 each x 3 days x $160
14 each x 3 days x $50
Sub Total
14 hours @ $150/hour
Sub -Total
$ 1,800.00
$ 5,760.00
$ 600.00
$ 400.00
$ 300.00
150.00
$9,010.00
9,400.00
$8,640.00
$2,100.00
$ 20,140.00
$2,100.00
$ 2,100.00
NOT -TO -EXCEED TOTAL PROJECT COST: $ 31,250.00
0
Mr. Alan Oswald
City of San Juan Capistrano
February 16, 2006
Page 4
0
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 Darnell & Associates, Inc. and his or
her subconsultants to all those named shall not exceed $75,000, or D&A's total fee for services rendered on this
project, whichever is greater. Such claims and causes include, but are not limited to negligence, professional
errors or omissions, strict liability, breach of contract or warranty.
Darnell & Associates, Inc. (D&A) has the right to complete all services agreed to be rendered pursuant to this
proposal. In the event of termination by either party, the Client shall within fifteen (15) calendar days of
termination, pay D&A for all services rendered and all reimbursable costs incurred by D&A up to the date of
termination, in accordance with the payment provisions of this proposal.
I would like to take this opportunity to notify you that I am licensed by the California Board for
Professional Engineers and Land Surveys as a Civil Engineer (Registration Number 22338) and as a
Traffic Engineer (Registration Number 539). This notification to you is to comply with the
requirements, effective March 10, 2000 of Title 16, California Code of Regulations, section 463.5. Your
signature in the signature block below also serves as acknowledgment that you have received this
notification.
If you concur with the provisions of this proposal, please sign in the space provided below and return the
original copy to our office. Receipt of the signed proposal will constitute our formal authorization to proceed.
If you have any questions or require additional information, please feel free to contact this office.
Sincerely,
1
Bill E. Darnell, Date Signed: /
BED/lag
4574-11abitat-Humanity-PPLd / 2-06
• 0IBIT B
ACORD CERTIFICATE OF LIABILITY INSURANCE
2/24M/DDY"'
02/24/06
PRODUCER OA99520 1-619-234-6848
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cavignac 6 Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
GENERAL LIABILITY
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
450 B Street, Suite 1800
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
San Diego, CA 92101-8005
Dorothy Amundson
$1,000,000
INSURED
Darnell k Associates, Inc.
INSURERA. Liberty Insurance Underwriters, Inc.
INSURERS. St. Paul Fire A Marine Insurance Compflny
1446 Front Street, 3rd Floor
INSURER C. United States Fidelity A Guaranty Coapany
San Diego, CA 92101
INSURER
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 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 EXPIRATION LIMITS
C
GENERAL LIABILITY
SK01896181
06/15/05
06/15/06
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one fire)
$1,000,000
% OOMMERGIALGENERAL LIABILITY
CLAIMSMADE % OCCUR
$10,000
MED EXP (Any one person)
PERSONAL B ADV INJURY
$ 1,000,000
X Broad Form
X BII.nket Contractual
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE
LIMIT APPLIES PER
$2,000,000
PRODUCTS - COMPIOP AGG
POLICYX
PRO- LOC
C
AUTOMOBILE
%
LIABILITY
ANY AUTO
BA01896263
06/15/05
06/15/06
COMBINED SINGLE OMIT
(Ea accident)
$1,000,000
BODILY INJURY
(Per person)
IS
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
HIRED AUTOS
NON -OWNED AUTOS
$
PROPERTY DAMAGE
(Per accident)
IS
_
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN _EAACC$
ANY AUTO
-$
AUTO ONLY: AGG
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR CLAIMS MADE
AGGREGATE
_
.$ _
$
DEDUCTIBLE
$
RETENTION $
H
WORKERS COMPENSATION AND
WVA7504172
06/15/05
06/15/06
X WCSTATU- OTH-
EMPLOYERS' LIABILITY
E L EACH ACCIDENT
$ 1,000,000
E. L. DISEASE - E_A EMPLOYEE
$1,000,000
E. L. DISEASE -POLICY LIMIT
$1,000,000
OTHER
A
Professional Liability
AEE1968690105
06/15/05
06/15/06
Each Claim x1,000,000
Aggregate 12,000,000
s
DESCRIPTION OF OPERATIONS/LOCATIONWEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability - Claims made form, aggregate limit policy. Defense costs included within limit of liability.
EE: Habitat for Humanity Development/#060211. Certificate Holder in named as Additional Insured with respect to
General Liability per attached and Auto Liability endorsement to follow. Waiver of Subrogation applies to General
Liability included in policy form and Workers Compensation per attached. 10 days NOC for non-payment of premium.
CERTIFICATE HOLDER I y I ADDITIONAL INSURED: INSURER LETTER: C CANCELLATION
ACORD 25-S (7/97) Katherine 0 ACORD CORPORATION 1988
4009875
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of San Juan Capistrano
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
32400 Paseo Adelanto
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
San Juan Capistrano, CA 92675
DSA
ACORD 25-S (7/97) Katherine 0 ACORD CORPORATION 1988
4009875
0
WC 04 03 06 (Ed. 4-84)
0
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
slated.
(The fallowing 'attaching clause' need be completed only when this endorsement Is issued subsequent to preparation of the policy.)
This endorsement, effective on 02/24/06 at 12:01 A.M. standard time, forms a part of
Policy No. WVA7504172 Endorsement No.
Of the St. Paul Fire a Marine Insurance Company NCCI Carrier Code 13706
Issued to: Darnell 4 Associates. Inc.
Policy Expiration Date: 06/15/06
Premium (if any)$
Authorized Representative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization Job Description
City of San Juan Capistrano Habitat for Humanity Developsient/11060211
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
VSA
• 0
Named Insured: Darnell R Associates, Inc.
Policy Number: Hxo18961a1
Owners, Lessees Or Contractors (Form C)
ADDITIONAL INSURED Effective: 06/15/05
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 Han .loan Capistrano
RH: Habitat for Humanity Development/41060211
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
applicable limit of insurance or none of the loss
5. Other Insurance. remains, whichever comes first.
The insurance afforded by this Coverage Pad 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.
CUTE F 22 45 09 99 Includes copyrighted material of Insurance a Services Office, Inc. ,with its permission. Page I of 1
Copyrighted, Insurance Services Office, Inl., 1984
•
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
May 8, 2006
Bill E. Darnell
Darnell & Associates
1446 Front Street, 3rd Floor
San Diego, CA 92101
Dear Mr. Darnell:
10 [0 aPOMlH
• astntuam � 1961
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A fully executed, original Personal Services Agreement related to preparing a Traffic
Impact Study for the proposed Habitat for Humanity project for development of twenty
seven affordable ownership condominiums (Tentative Tract 17027 and AC 06-01 (Calle
Rolando Villas) is enclosed for your records.
Thank you for forwarding documentation confirming current compliance with the terms
of insurance under your agreement 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
1, Management Analyst 11 (949) 443-6324.
cc: Lynnette Adolphson, Management Analyst II
Dottie Shaw, Accounting Technician
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% Recycled Paper
I -)1L-lac-i-
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Lynnette Adolphson, Management Analyst II
FROM: Christy Swanson, Administrative Secretary DATE: December 1, 2006
SITUATION:
On April 18, 2006, the City of San Juan Capistrano entered into a Personal Services
Agreement with Darnell & Associates to prepare a Traffic Impact Study for the proposed
Habitat for Humanity project for development of twenty-seven (27) affordable ownership
condominiums (Tentative Tract 17027 and AC 06-01 — Calle Rolando Villas).
ACTION REQUESTED:
Said Agreement states services shall be completed by December 31, 2006.
Please notify our office if agreement has been completed or will be extended.
ACTION TO BE TAKEN:
l� rlyt r9-lct `d r%zk de- i ,
DATEWHENHEN NEXT ACTION (S) SHOULD BE TAKEN:
abE
SIGNATURE OF OFFICIAL TAKING ACTION: i
DATE SIGNED: �a /�/l�(2
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 12/01/06
Deadline Date: 12/31/06
cc: Department Head
(600.30/darnel/ & assoc)