04-0608_KEETON KREITZER CONSULTING_Professional Services Agreement.r 1 0
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this @Wday o 4 , 2004, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and Keeton
Kreitzer Consulting (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to Prepare an Initial
Study and Mitigated Negative Declaration for Capital Improvement Project, Lallovia Bridge
Widening; and,
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as set
forth in Exhibit 'A" attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than June 30, 2005, provided
CITY and the project applicant provide timely information and responses to draft work in
a timely manner.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
thirty -thousand, eight -hundred and thirty-eight dollars and no cents ($30,838.00), as set
forth in Exhibit "B," attached hereto 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
"C," attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
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perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City
is required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted
to subcontract any part of this Agreement by City, Consultant shall be responsible to City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
cip-LalloviaBridge-CEQA-psa wpd 2017 April 2004
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Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the proposed construction site, 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 under this Agreement. Should Consultant
discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by City, it shall immediately inform City of this and shall not
proceed with further work under this Agreement until written instructions are received from
the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to
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the City upon demand without additional costs or expense to the City. The City
acknowledges such documents are instruments of Consultant's professional services.
Section 13. Indemnity.
Consultant shall indemnify, hold harmless, and defend the City, its Council, officers,
agents and employees from and against any and all claims and losses, costs or expenses,
including but not limited to any damage due to death or injury to any person and/or injury
or damage to any property resulting from any act or omission of Consultant or any of its
officers, employees, servants, agents, or subcontractors in the performance of this
Agreement. Such cost and expense shall include reasonable attorney fees.
Notwithstanding any other provision of this section 13, and as a separate and
independent covenant and obligation, Consultant shall indemnify and hold harmless, but
not defend City, its Council, officers, agents and employees from and against any damage,
liability, loss, cost or expense, which arise out of claim, court action, or administrative
proceeding challenging City approval of the Rancho Capistrano Master Plan, the
Environmental Impact Report (EIR) for such Plan, or any part of the development project
identified in the Plan for which Consultant is preparing the Environmental Impact Report
(EIR) if it is determined by a court action having jurisdiction that Consultant or any of its
agents, employees, or subcontractors negligently performed its services under this
agreement. Consultant's obligation to indemnify the City shall include reasonable attorney
fees and costs.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A -Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
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14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 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 using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990)
to the City's General Counsel 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 not be required to
maintain Errors and Omissions Coverage.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be canceled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
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14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with
all insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without cause
by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
Attw Director of Administrative Services
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
To Consultant: Keeton Kreitzer Consulting
17782 East 17`" Street, Suite 106
Tustin, CA 92780-1947
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.
cip-LalloviaBridge-CEQA-psa.wpd 6 of 7 April 2004
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.
ATTEST:
J%A%v - V -
Monahan, City Clerk
AS TO FORM:
John R. Shaw, City Attorney
CITY OF SAN JUAN CAPISTRANO
M
Dave Adams, City Manager
Keeton Kreitzer Consulting
Keeton Kreitzer, Principal
Exhibits: Exhibit A, Scope of Work.
Exhibit B, Payment for Services.
Exhibit C, Rate Schedule.
dp-LalloviaBndge-CEQA-psa.wpd 7 of 7 April 2004
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK
SAN JUAN CAPISTRANO, CA
SCOPE OF SERVICES
WORK PROGRAM
A work program has been developed to ensure that the environmental review process is carried out in
accordance with the California Environmental Quality Act (CEQA) and the City of San Juan Capistrano
adopted CEQA procedures. The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to
complete the work identified in this proposal includes: (1) the provision of competent, effective environmental
analysis project management; (2) incorporation of existing technical studies and analysis; (3) preparation
of the environmental documentation (i.e., initial study/mitigated negative declaration); (4) processing of the
environmental documentation and public participation; (5) preparation of the final environmental document;
and (6) preparation of CEQA notices. These several objectives will be achieved through the completion of
several work tasks. Each of these work tasks has been identified and described below.
Task One - Proiect Initiation/Coordination
KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the
required environmental document (i.e., initial study and proposed Negative Declaration). Project
coordination will be an integral part of the planning process. As such, KKC proposes to have a Project
Initiation Meeting as the first step in that process. That meeting will be held at the first available time after
the contract has been awarded and executed. Participants in the meeting will include representatives of the
City of San Juan Capistrano, KKC, and other technical consultants deemed necessary to provide direction
in the planning and environmental review process for the proposed bridge widening project. Topics of
discussion will include the definition of the project description, specific issues to be addressed, technical
analysis required to evaluate the proposed project, identification of responsible agencies and sources of
information, and the project schedule.
In summary, this task will include the following sub -tasks:
Consultation and coordination of the proposed project and environmental document with
the City of San Juan Capistrano to ensure that City policies are incorporated into the Draft
environmental document;
Assurance that the Draft environmental document meets the requirements of CEQA, the
State CEQA Guidelines, and the City's CEQA procedures; and
Coordination with City staff and project technical consultants and attendance at up to three
(3) meetings.
Estimated Time Frame: As Required
Estimated Budget: $2,100.00
Proposal for Environmental Consulting Services
La Novia Avenue Bridge Widening - San Juan Capistrano
April 14, 2004
EXHIBIT A
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Task Two - Sub -Consultant Studies
In order to evaluate the potential noise, air quality and cultural resource impacts associated with activities
necessary to widen the La Novia Avenue Bridge, the RFP developed by the City has identified the need to
prepare several technical studies, including an acoustical analysis, an air quality assessment and a cultural
resources assessment (in accordance with City Council Policy 601). These studies will be conducted by
the firms listed below.
Air Quality Assessment Giroux & Associates
Noise Analysis Giroux & Associates
Cultural Resources Assessment SWCA Environmental Consultants
The firm of Giroux & Associates will evaluate the potential project -related noise and air quality impacts. In
particular, the acoustical analysis will focus on the potential construction -related noise emanating from the
project site. In particular, the potential noise impacts associated with the use of pile drivers and other noise -
generating equipment will be evaluated. The results of the acoustical analysis will be integrated into the
proposed Mitigated Negative Declaration. Giroux & Associates will also evaluate potential construction -
related air quality impacts, based on the numbers and types of construction equipment that would be used
to construct the bridge improvements. The air quality assessment will be conducted in accordance with
current South Coast AQMD requirements. The findings and recommendations presented in the technical
analysis will be summarized in the initial study.
SWCA Environmental Consultants will undertake a cultural resources survey pursuant to City Council Policy
601. The survey will also include a records search through the South Central Coastal Information Center
(SCCIC) at California State University, Fullerton. The findings of the records and field survey will be
presented in a report and summarized in the initial study. Each of the technical studies will be appended
to the environmental document.
In order to address City Council Policy 601, KKC also proposes to include the results of a paleontological
records search that will be conducted through the Los Angeles County Museum of Natural History, the
regional clearinghouse for those resources. Because it is not anticipated that paleontological resources will
be uncovered in the project area due to its location within the San Juan Creek flood plain, a paleontological
field survey will not be undertaken. Rather, KKC will contact the Museum of Natural History and request a
records search to determine if paleontological sites have been recorded within the limits of the La Novia
Avenue Bridge project area or in the environs. The results and recommendations of the records search will
be documented and presented in the initial study.
In addition to the technical studies identified above that will be prepared under contract to KKC, other studies
will also be required in order to adequately analyze the potential impacts anticipated from the implementation
of the proposed bridge widening project. Specifically, a biological resources survey (i.e., species/habitat
study), wetland delineation, and hydraulic/hydrologic study will be prepared under separate contract. (The
estimated budget included in this task does not reflect the costs associated with these technical studies.)
The additional technical studies will be made available to KKC and will serve as the basis for evaluating
project -related impacts in each of the environmental issue areas (i.e., biological resources and
hydrology/water quality. Applicable components of these reports will also be appended to the IS/MND.
Estimated Time Frame: Four Weeks
Estimated Budget: $ 8,633.00
Proposal for Environmental Consulting Services
La Novia Avenue Bridge Widening - San Juan Capistrano
April 14, 2004
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK
Task Three - Initial Study/Mitigated Negative Declaration (IS/MND)
KKC will be responsible for the preparation of the initial study for the proposed improvements to the La
Novia Avenue Bridge over San Juan Creek. Based on a review of the State CEQA Guidelines, the proposed
project is neither statutorily nor categorically exempt. Therefore, it would be subject to CEQA review. In
order to achieve the objective of preparing a Negative Declaration, the initial study must necessarily be
extensive and thorough. Each of the topics identified on the City's environmental assessment form or, if
desired by the City, on the State CEQA Guidelines will be analyzed to document the nature and extent of
any potential environmental consequences (and the need for mitigation). The specific purpose of the
analysis will be to document the lack of adverse environmental impacts associated with the proposed bridge
improvements to support the environmental determination that no significant impacts will occur as a result
of project implementation. Where potential significant environmental effects are identified, appropriate
mitigation measures will be prescribed to ensure that the impacts can be reduced to a less than significant
level.
Based on the proposed project, it is anticipated that any potentially significant environmental impacts that
would be anticipated can be mitigated, resulting in the preparation of a mitigated negative declaration. As
reflected above and in the work program, KKC has presented a scope of work for the preparation of an Initial
Study/Mitigated Negative Declaration (IS/MND). The IS/MND will include the elements prescribed in the
scope of work requirements identified by the City, including: (1) Project Description; (2) Surrounding Land
Use and Project Setting; (3) List of Responsible Agencies; (4) Discussion of Environmental Evaluation; (5)
Process Documentation; and (6) References. It is important to note that environmental analysis identified
above will address each of the environmental issues listed on the City's Environmental Checklist. Once
completed, five (5) copies of the proposed IS/MND will be submitted to the City of San Juan Capistrano for
review and comment. KKC will revise the initial study based on the comments made by City staff and
prepare the Draft IS/MND. Ten (10) copies of the Environmental Administrator Draft Initial Study/Mitigated
Negative Declaration will be prepared and submitted to the City, and forty (40) copies of the Public Hearing
Draft IS/MND will be printed and submitted to the City of San Juan Capistrano.
Once completed, the Draft document will be distributed for a 30 -day public review and comment period as
required by the State CEQA Guidelines for local project. KKC will be responsible for distributing the
document to the list of recipients developed in concert with the City of San Juan Capistrano. These
documents will be delivered to each of the recipients via certified mail (return receipt requested). KKC will
be also be responsible for posting the Notice of Intent to Adopt a Negative Declaration with the Orange
County Clerk -Recorder.
Estimated Time Frame: Six Weeks (Including four weeks in Task Two)
Estimated Budget: $12,680.00
Task Four - Preparation of the Final Negative Declaration
The Final IS/MND will include all written comments received on the document during the public comments
period as well as the responses prepared in accordance with CEQA requirements. KKC will prepare written
responses to all comments received during the public review and comment period. These responses will
be submitted to the City of San Juan Capistrano for review prior to completion of the Final Negative
Declaration. It is important to note that the budget identified below reflects a limited amount of public
comments. This budget may be revised if, after a thorough review of all comments received on the Draft
Mitigated Negative Declaration, it is determined that it is inadequate to respond to all of the comments
Proposal for Environmental Consulting Services
La Novia Avenue Bridge Widening - San Juan Capistrano
April 14, 2004
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK
received on that document. Five (5) copies of the Final IS/MND will be submitted to the City of San Juan
Capistrano.
Estimated Time Frame: One Week
Estimated Budget: $ 2,340.00
Task Five - Public Hearings
As indicated in the City's RFP, KKC will attend two (2) public hearings, including one (1) before the San Juan
Capistrano Planning Commission and one (1) before the City Council. In addition, this task will also include
attendance at one (1) hearing before the City's Environmental Administrator. The Principal/Project Manager
will attend the public hearing and will be responsible for making all presentations and responding to
questions raised during the public hearing. Should additional hearings be required, they will be charged at
the appropriate hourly rate.
Estimated Time Frame: As Required
Estimated Budget: $ 1,260.00
Task Six - Legal Notices
KKC will be responsible for preparing both the requisite legal notice for the public advertisement, the Notice
of Intent to Prepare a Negative Declaration, Notice of Completion that is filed with the State Clearinghouse,
and the Notice of Determination that must be filed with the Orange County Clerk/Recorder. Once
completed, these forms will be submitted to the City for review and endorsement. The Notice of
Determination must be filed with the Orange County Clerk -Recorder within five (5) days of City approval of
the proposed project. KKC will be responsible for posting the Notice of Intent and the Notice of
Determination with the Clerk -Recorder. It is important to understand that neither the Notice of Determination
nor Department of Fish and Game filing fees are included in the budget. Any such fees will be the
responsibility of the City of San Juan Capistrano.
Estimated Time Frame: As Required
Estimated Budget: $ 1,200.00
PROJECT SCHEDULE
A project schedule has been developed and presented below that reflects the time frames that will be
necessary to undertake and complete the services outlined in this proposal.
Proposal for Environmental Consulting Services
La Novia Avenue Bridge Widening - San Juan Capistrano
April 14, 2004
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E
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK
Project Schedule
La Novia Avenue Bridge Widening Project
San Juan Capistrano, CA
Task
Description
Estimated Time
1
Project Initiation/Coordination
As Required
2
Sub Consultant Studies
4 Weeks
3a
Initial Study/Negative Declaration
6 Weeks
3b
City Review
2 Weeks
3c
Revisions to the Draft IS/MND
1 Week
Public Review and Comment
4 Weeks
4
Final Mitigated Negative Declaration
1 Week
5
Public Hearings
As Required
6
Filing of Legal Notices
As Required
III. ESTIMATED BUDGET
The scope of services and work described in Section I will be undertaken and completed for a not -to -exceed
fee of $30,838.00. This fee includes meetings and coordination, preparation of the environmental analysis
contained in the initial study, filing of necessary CEQA notices and printing, attendance at public hearings,
and reproduction associated with the Initial Study/ Negative Declaration. A budget summary is presented
below.
Proposal for Environmental Consulting Services
La Novia Avenue Bridge Widening - San Juan Capistrano
April 14, 2004
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK
Budget Summary
La Novia Avenue Bridge Widening Project
San Juan Capistrano, CA
Title
I Man -Hours
I Billin Rate
Estimated
Task One - Project Initiation/Coordination
Project Manager
20
$105.00/Hour
$ 2,100.00
Task Two - Sub -Consultant Studies
Giroux & Associates (Noise)
$ 1,500.00
Giroux & Associates (Air Quality)
$ 2,000.00
SWCA Environmental Consultants
$ 4,383.00
(Cultural Resources)
Museum of Natural History
$ 750.00
(Scientific Resources)
Sub -Total
$ 8,633.00
Task Three - Sub -initial Study/Mitigated Declaration
Principal/Project Manager
32
$105.00/Hour
$ 3,160.00
Environmental Planner
96
$ 75.00/Hour
$ 7,200.00
Graphics
24
$ 50.00/Hour
$ 1,200.00
Word Processing/Administration
32
$ 35.00/Hour
$ 1,120.00
Sub -Total
184
$12,680.00
Task Four - Final Negative Declaration
Principal/Project Manager
8
$105.00/Hour
$ 840.00
Environmental Planner
20
$ 75.00/Hour
$ 1,500.00
Sub -Total
28
$ 2,340.00
Task Five - Public Hearings
Principal
12
$105.00/Hour
$ 1,260.00
Task Six - Legal Notices
Environmental Planner
1 16
$ 75.00/Hour
$ 1,200.00
Sub -Total - Professional Fees
1 260
$28,213.00
Proposal for Environmental Consulting Services
Le Novia Avenue Bridge Widening - San Juan Capistrano
April 14, 2004
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK
Title
Man -Hours
I Billing Rate Estimated Budget
Miscellaneous
Postage'
Printing and Reproduction
Sub -Total
$ 375.00
$ 2,250.00
$ 2,625.00
TOTAL NOT -TO -EXCEED FEE
260
$30,838.00
'Estimated budget for postage (certified/return receipt) and printing is based on 60 copies of
the document as stipulated in the Request for Proposal and discussions with City staff.
IV. BILLING AND PAYMENT
All charges shall be in accordance with the Budget Summary presented in Section 11 of this proposal.
Invoices shall be submitted on a monthly basis which clearly describe the specific services and tasks
performed during the billing period. Each invoice is due and payable within 30 days of receipt and shall be
considered delinquent on the 31 " day.
V. PROJECT MANAGEMENT AND PERSONNEL
Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of
work presented in this proposal for environmental consulting services. Mr. Kreitzer has over 25 years of
environmental planning experience and has served as project manager for several similar projects. He has
been personally responsible for the preparation of over 100 environmental documents required pursuant
to the California Environmental Quality Act and has also prepared environmental studies mandated under
the National Environmental Policy Act. He has recently reestablished his own environmental consulting firm
(Keeton Kreitzer Consulting) in order to provide public and private sector clients with high level, personalized
environmental consulting services, including the preparation of environmental documents pursuant to CEQA
and NEPA. He is currently managing the preparation of several environmental documents, including those
for the Newport Banning Ranch Local Coastal Program in the County of Orange, West Coyote Hills in the
City of Fullerton, the Emery Ranch residential development plans in the Cities of La Mirada and Fullerton,
and for the Central City Redevelopment Project Area in the City of Bell Gardens. Mr. Kreitzer's resume has
been included with this scope of work.
VI. STATEMENT OF QUALIFICATIONS
Keeton Kreitzer Consulting is a small, individual owned environmental consulting firm in Irvine, CA. The firm
was established in March 1998 by Keeton K. Kreitzer. Prior to establishing Keeton Kreitzer Consulting, Mr.
Proposal for Environmental Consulting Services
La Novia Avenue Bridge Widening - San Juan Capistrano
April 14, 2004
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK
Kreitzer was the owner and principal of Environmental Perspectives from 1984 to 1997 and served as an
Associate with David Evans and Associates, Inc., for one year (March 1997 through March 1998) at which
time he reentered the consulting arena as an independent consultant specializing in environmental planning
and analysis. Mr. Kreitzer has conducted environmental analysis for a myriad of projects throughout
southern California. A partial list and description of these projects is presented below.
Portola Hills Residential Conversion Draft EIR, Orange County, CA
Mr. Kreitzer served as project manager for the preparation of the Draft EIR for the Portola Hills
project that included a General Plan Amendment and Zone Change on property designed for a
major business park and commercial center. The applicant requested a tentative tract map
approval for over 600 dwelling units and a park on a 245 -acre property that was located within a
Natural Communities Conservation Program sub -region. Significant issues analyzed in the Draft
EIR included land use and relevant planning, population and housing, traffic and circulation, noise
associated with EI Toro MCAS the provision of adequate public services and facilities, and biological
resources.
Marblehead - Coastal Local Coastal Program, San Clemente, CA
The Marblehead - Coastal LCP was recently approved by the City of San Clemente (August 1998).
The environmental analysis conducted for this last major coastal project in the City required
extensive technical analysis in the areas of traffic and circulation, biological resources, hydrology
and water quality and noise and air quality. The applicant proposed the development of
approximately 60 acres of regional commercial along the 1-5 corridor. In addition, the majority of
the remainder of the property included nearly 500 single-family residential dwelling units. Other land
uses proposed for the site were a 10 -acre public park, a 2.5 -acre habitat preservation area, 1 -acre
coastal serving commercial site, and public and private open space. The Draft EIR analyzed a full
range of issues, including the consistency of the project with the City's Local Coastal Program. Mr.
Kreitzer provided extensive coordination between the City, the applicant, the applicant's planner and
several responsible agencies (i.e., California Department of Fish and Game, U.S. Fish and Wildlife
Service„ etc.).
Newport Banning Local Coastal Program, Orange County, CA
Keeton Kreitzer Consulting has been selected to prepare the Draft Program EIR for the Newport
Banning LCP. This 412 -acre coastal project proposes the development of approximately 1,700
mixed residential dwelling units, a coastal inn, visitor -serving commercial, a potential school site,
public and private open space, and wetlands restoration. Although the County of Orange is the
"lead agency", a portion of the site is within the City of Newport Beach corporate limits and the City
will play an important role in the planning and environmental review processes. Several technical
studies must be completed in order to adequately evaluate this significant project in the County and
City of Newport Beach. These studies include soils and geology, traffic and circulation, noise, air
quality, biological resources, cultural and scientific resources, and aesthetics. Mr. Kreitzer will be
responsible for complete project management and preparation of the Draft Program EIR that will
be considered by both the County of Orange and City prior to each agency taking action on the
project.
Proposal for Environmental Consulting Services
La Novia Avenue Bridge Widening - San Juan Capistrano
April 14, 2004
0
9
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK
VII. RESPONSIBILITY OF THE CITY OF SAN JUAN CAPISTRANO
The following information shall be provided to KKC by the City of San Juan Capistrano and/or Project
Applicant in order to complete the analysis described in this proposal.
1. A complete description of the proposed improvements to the La Novia Bridge widening
project.
2. Exhibits illustrating the existing site and proposed improvements.
3. Engineering Plans and Specifications, including cross-sections (as determined necessary
by the City of San Juan Capistrano).
4. All previous environmental documents prepared for the proposed project, or in the vicinity
of the proposed project, including but not limited to: Phase I and II Assessments, hydrology
and water quality assessments, soils and geology, biological assessment, cultural/scientific
resource surveys, etc.
5. Existing topographic map.
6. Aerial photograph (if available).
7. All other pertinent information related to the proposed project.
VIII. STATEMENT OF OFFER/TERMS OF AGREEMENT
KKC is prepared to begin work on this project immediately upon execution of the contract. You may be
assured that should we be selected to provide the environmental services described in this proposal, we
shall devote our full resources to the project and will approach it with the highest degree of enthusiasm,
objectivity, and professionalism.
KKC will perform all work described in this proposal for a budget of $30,838.00. This offer is valid for a
period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions made
on the scope of the project. Should the scope change significantly, necessitating a change to the work
program, we will contact you immediately and amend both the scope of services and budget accordingly.
Offer Presented By:
Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTING
Date: April 14, 2004
Proposal for Environmental Consulting Services
La Novia Avenue Bridge Widening - San Juan Capistrano
April 14, 2004
•
EXHIBIT B, PAYMENT FOR SERVICES
CIP, Lallovia Bridge Widening, Initial Study
Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant
to this agreement shall not exceed $30,838.00. This fee shall include all costs incurred by the
CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses
necessary to complete all work specified in the "Scope of Work" (Exhibit "A").
Section II. Contract Administration and Payment
A. Prepayment by Applicant: The CITY shall require that the applicant shall, upon execution
of this agreement, deposit with the CITY, a cash sum of thirty -thousand, eight -hundred and thirty-
eight dollars and no cents ($30,838.00).
B. Consultant Payment Schedule: The City agrees to make progress payments to the
CONSULTANT according to the following schedule and within thirty (30) days of the submission
of invoices for authorized work completed by the consultant:
1. Not more than ten percent (10%) monthly, up to a maximum of fifty percent
(50%) cumulative of the total contract amount, shall be paid during preparation of
the technical reports and the screencheck draft Expanded Initial Study.
2. Not more than seventy-five percent (75%) cumulative of the total contract
amount shall be paid at submission of the screencheck draft Initial Study.
3. Not more than ninety percent (90%) cumulative of the total contract amount
shall be paid at submission of the draft Expanded Initial Study and approval of
the document by the Environmental Administrator.
4. One -hundred percent (100%) cumulative of the total contract amount shall
be paid at issuance of an Negative Declaration (ND) or Mitigated Negative
Declaration (MND) ordetermination that the project requires preparation of an
environmental impact report.
Contract Amount
$30,838
Project Milestone
Maximum
Maximum
Percentage
Payment
During preparation of the technical reports and the
50%
$15,419
screencheck draft Initial Study.
Submission of the screencheck draft Initial Study.
75%
$23,129
Submission of the draft Initial Study and approval by the
90%
$27,754
Environmental Administrator.
Issuance of an Negative Declaration (ND) or Mitigated Negative
100%
$30,838
Declaration (MND) or determination that the project requires
preparation of an environmental impact report (EIR).
dp-L9NoAa8ddge-CEOA-pf8.wpd
Keeton Kreitzer Consulting
Schedule of Fees
Attendance at Public Hearings
Project Management/Coordination
Report Preparation
Research and Analysis
Graphics
Administration/Word Processing
Printing and Reproduction
Postage and Supplies
Effective January 1, 2004
$105.00
S 90.00
$ 75.00
$ 60.00
S 50.00
S 35.00
Cost + 10%
Cost + 10%
r
L)
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Lynnette Adolphson, Management Analyst II
FROM: Mitzi Ortiz, Deputy City Clerk DATE: December 2, 2005
�iull1%0911A
On June 8, 2004, the City of San Juan Capistrano entered into a Personal Services
Agreement with Keeton Kreitzer Consulting to prepare an Initial Study and Mitigated
Negative Declaration for Capital Improvement Project, La Novia Bridge Widening.
ACTION REQUESTED:
Said Agreement states services shall be completed by June 30, 2005.
On June 14, 2005, said agreement extended to December 31, 2005.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
DATE //WHEN NEXT ACTION (S) SHOULD BE TAKEN:
/lou,
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED: /"q/5/0-nr
'FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 06/01/05 12/01/05
Deadline Date: 06/30/05 12/31/05
(600.30/keeton)
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Lynnette Adolphson, Management Analyst I I
FROM: Mitzi Ortiz, Deputy City Clerk DATE: June 1, 2005
SITUATION:
On June 8, 2004, the City of San Juan Capistrano entered into a Personal Services
Agreement with Keeton Kreitzer Consulting to prepare an Initial Study and Mitigated
Negative Declaration for Capital Improvement Project, La Novia Bridge Widening.
ACTION REQUESTED:
Said Agreement states services shall be completed by June 30, 2005.
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
k -M, 2�s
SIGNATURE OF OFFICIAL TAKING ACTION: rT Ii�t�tr LCO�d('d`r/J�IhJ
DATE SIGNED: OJT
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 06/01/05
Deadline Date: 06/30/05
cc: Department Head
(600.30/Keeton)
Certificate of Insurance
1 of I NM81959
Description of Operations/LocationsNehicles/Restrictions/Special items:
RE: LA NOVIA AVENUE BRIDGE WIDENING. ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY: THE CITY OF SAN JUAN CAPISTRANO, ITS
ELECTED AND APPOINTED OFFICIALS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED PER ATTACHED PRIMARY ENDORSEMENT.
Certificate Holder:
City of San Juan Capistrano
Attn: Maria Guevara
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN
THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN,
Authonzetl Repr"entative: _ 08/19/04
Agency Name and Address:
THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice
INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc.
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
2030 Main Street, Suite 350
NOT AMEND, EXTEND OR ALTER THE COVERAGE
Irvine, CA 92614-7248
AFFORDED THE POLICIES LISTED BELOW.
Insureds Name and Address:
Keeton Kreitzer Consulting
17782 East 17th Street, Suite 106
Tustin, CA 92780
Companies Affording Policies:
A. United States Fidelity & Guaranty Co
B. Continental Casualty Company
C
D
E.
F.
Description of Operations/LocationsNehicles/Restrictions/Special items:
RE: LA NOVIA AVENUE BRIDGE WIDENING. ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY: THE CITY OF SAN JUAN CAPISTRANO, ITS
ELECTED AND APPOINTED OFFICIALS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED PER ATTACHED PRIMARY ENDORSEMENT.
Certificate Holder:
City of San Juan Capistrano
Attn: Maria Guevara
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN
THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN,
Authonzetl Repr"entative: _ 08/19/04
•
Policy Number: BKO1835543
Liability Coverage Enhancement —
Architects And Engineers
ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART.
1. The following is added to paragraph 2 of SECTION
II — WHO IS AN INSURED:
I. If you are required to add another person or
organization as an insured under this policy by a
written contract or agreement which is in effect
during the policy period, that person or organization
is an insured. Such person or organization is
referred to in this Coverage Part as an Additional
Insured.
However, such person or organization is not an
insured with respect to any:
(1) "Property damage "to:
(a) Property owned, occupied or used by
the Additional Insured;
(b) Property rented, leased or loaned to,
in the care, custody or control of, or
over which physical control is being
exercised for any purpose by the
Additional Insured; or
(c) "Your work" performed for the
Additional Insured;
(2) "Bodily injury", "property damage", "personal
injury', "advertising injury" which is not caused
in whole or in part by the negligent acts or
omissions of any Named Insured, or the
negligent acts or omissions of anyone directly
or indirectly employed by a Named Insured or
for whose acts a Named Insured may be
liable;
(3) "Bodily injury", "property damage", "personal
injury", or "advertising injury for which such
person or organization has assumed liability in
a contract or agreement, except for liability for
damages that such person or organization
would have in absence of the contract or
agreement; or
L
2. The following is added prior to the final paragraph
of SECTION II — WHO IS AN INSURED:
You are an insured for your participation in any past
or present "unnamed joint venture". However, you
are not an insured if the "unnamed joint venture
has:
a. Direct employees; or
b. Owns, rents, or leases any real or
personal property.
No other member or partner, or their spouses, of
any past or present "unnamed joint venture" is an
insured. This insurance is excess over any "other
insurance" available to you for your participation in
any past or present "unnamed joint venture".
3. The final paragraph of SECTION II — WHO IS AN
INSURED is replaced by the following:
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture (except "unnamed join
venture") or limited liability company this is not
shown as a Named Insured in the Declarations.
4. Paragraph 2 of SECTION III — LIMITS OF
LIABILITY is replaced by the following:
(2). The General Aggregate Limit is that most we
will pay at each of "your premises" listed in the
Schedule of Premises and is the most we will
Pay at each of "your projects" for the sum of:
a.
(4) "Bodily injury", "property damage", "personal
injury" or "advertising injury arising out of any
architect's, engineer's or surveyor's rendering
of, or failure to render, any professional b.
services, when such person or organization is
an architect, engineer, or surveyor.
CL/8F 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission.
Copyright, Insurance Services Offices, Inc.. 2001
Damages under Section I. A. except
damages because of "bodily injury" and
"property damage" included in the
"products completed operations hazard"
and damage to premises rented to you or
temporarily occupied by you with
permission of the owner; and
Medical payments under SECTION 1. B.
Page I of 2
r �. • •
1
5. The following is added to SECTION IV -
CONDITIONS, 5. Other Insurance,
a. Primary Insurance;
In addition, this insurance will be considered
primary to, and non-contributory with, "other
insurance' issued directly to a person or
organization added as an additional insured
under SECTION II. 2. 1., if you specifically
agree, in that written contract or agreement,
that this insurance must be primary to, and
non-contributory with, such "other insurance'.
This insurance will then be applied as primary
insurance for damages for "bodily injury",
"property damage", "personal injury" or
"advertising injury" to which this insurance
applies and that are incurred by such person or
organization, and we will not share those
damages with such "other insurance".
6. The following is added to SECTION IV—
CONDITIONS, 8. Transfer Of Rights Of
Recovery Against Others To Us.
We waive any right of recovery we may have
against any person or organization added
under SECTION II. 2.1., for payments we make
because of injury or damage arising out of
"your work" under the written contract or
agreement with such person or organization,
provided that the injury or damage occurs
subsequent to the execution of that written
contract or agreement.
7. The following are added to SECTION V —
DEFINITIONS:
"Unnamed joint venture" means any joint venture
in which you are a member or partner where:
a. Each and every one of your co -ventures in that
joint venture is an architectural, engineering or
surveying firm; and
b. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site or
location that you own or rent or lease from
others.
"Your project"
Means any premises, site or location at, on, or in
which "your work" is not yet completed;
and
a. Means any premises, site or location at, on, or
in which "your work" is not yet completed;
and
b. Does not include "your premises" or any
location listed in the Schedule of Premises.
All other terms of your policy remain the same.
ADDITIONAL INSURED:
THE CITY OF SAN JUAN CAPISTRANO, ITS ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES
WIN 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission.
Copyright, Insurance Services Offices, Inc.. 2001
Page 2 of 2
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 493-1053 FAX
www san. juancapistrano.Org
August 25, 2004
Keeton Kreitzer Consulting
17782 East 17th Street, Suite 200
Tustin, CA 92780
Jwp„
Al
(r)�t IA[XXIXInFI
ff1RIlISXFO � 1961
1776
MEMBERS OF THE CITY COUNCIL
RE: Compliance with Insurance Requirements — La Novia Bridge Widening
The following insurance documents are due to expire:
SAM ALLEVATO
DIANE L. BATH3ATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
✓ General Liability Certificate 09/01/2004 \"
✓ General Liability Endorsement Form naming the City of Sari Juan
Capistrano as additional insured.
✓ Automobile Liability Certificate 09/01/2004 \v—
Please submit updated documentation to the City of San Juan Capistrano, attention City
Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above
expiration date,. If yp>�i ave any questions, please contact me at (949) 443-6309.
Secretary
cc: Lynnette Adolphson, Management Analyst II
San Juan Capistrano: Preserving the Past to Enhance the Future
Keeton Kreitzer Consulting
17291 Irvine Boulevard, Suite 305
Tustin, CA 92780
December 23, 2004
Ms. Meg Monahan, CMC, City Clerk
City of Sar. Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SUBJECT: Workman's Compensation Insurance/San Juan Hills Golf Course Project
Dear Ms. Monahan:
As a follow-up to my conversation with Mr. William Ramsey, I am providing you with this
clarification regarding the City's contract provision requiring Workman's Compensation insurance.
As indicated in the City's standard contract/agreement for professional services, the City of San Juan
Capistrano requires that the Consultant maintain Workman's Compensation insurance coverage.
However, as a "sole proprietor" without either full-time or part-time employees, I am not required
to carry such insurance. Although I do meet the minimum insurance coverage as prescribed by the
City for other areas, I do not carry Workman's Compensation insurance for the reason stated above.
However, please understand that should I hire any employees during the term of the contract for
the San Juan Hills Golf Course project, I shall procure the requisite Workman's Compensation
insurance to comply with the insurance requirements stipulated in the City's standard
contractlagreement for professional services.
Please don't hesitate to call me if you have any questions or require additional clarification
Very sincerely,
KEETON KREITZER CONSULTING
Keeton K. Kreitzer
Principal
KKK:rjr
CC: Mr. William A. Ramsey, AICP, Principal Planner
V
17291 Imine Boulevard, Suite 305 - Tustin, CA 92780 -Tel (714) 665-8509 - Fax (714) 665-8539
Keeton Kreitzer Consulting
17782 East 17th Street, Suite 106
Tustin, CA 92780-1947 RECEIVED
June 3, 2004
Ms. Meg Monahan, CMC, City Clerk
City of San juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
1004 .JUN -U P I: 00
CII' ✓.._i:,;
SAN JUAil CAPISI ",NO
SUBJECT: Workman's Compensation Insurance/La Novia Avenue Bridge Widening
Dear Ms. Monahan:
As a follow-up to my conversation with Ms. Lynnette Adolphson, I am providing you with this
clarification regarding the City's contract provision requiring Workman's Compensation insurance.
As indicated in the City's standard contract/agreement for professional services, the City of San Juan
Capistrano requires that the Consultant maintain Workman's Compensation insurance coverage.
However, as a "sole proprietor" without either full-time or part-time employees, I am not required
to carry such insurance. Although I do meet the minimum insurance coverage as prescribed by the
City for other areas, I do not carry Workman's Compensation insurance for the reason stated above.
However, please understand that should I hire any employees during the term of the contract for
the La Novia Avenue Bridge Widening project, I shall procure the requisite Workman's
Compensation insurance to comply with the insurance requirements stipulated in the City's
standard contract/agreement for professional services.
Please don't hesitate to call me if you have any questions or require additional clarification.
Very sincerely,
KEETON KREITZER CONSULTING .
Keeton K. Kreitzer
Principal
KKK:rjr
cc: Ms. Lynnette Adolphson, Management Analyst II
17782 East 17111 Street, Suite 106 - Tustin, CA 92780-1947- Tel (714) 665-8509 -Fax (714) 665-8539
C
Certificate of Insurance
1 of 1 #77893
COVERAGES: THIS IS TO CERTIFY THAT 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
TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE
•
GENERAL LIABILITY
Agency Name and Address:
THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice
INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc.
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
2244 West Coast Highway, Suite 200
NOT AMEND, EXTEND OR ALTER THE COVERAGE
Newport Beach, CA 92663
AFFORDED THE POLICIES LISTED BELOW.
Combined Single Limit:
$1,000,000
Insureds Name and Address:
Companies Affording Policies:
A United States Fidelity & Guaranty Co
Keeton Kreitzer Consulting
B.Continental Casualty Company
17782 East 17th Street, Suite 106
D
Tustin, CA 92780
D.
Aggregate:
E.
714-665-8539
F.
Protective
COVERAGES: THIS IS TO CERTIFY THAT 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
TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE
•
GENERAL LIABILITY
BKO1835543
09/01/03
09/01/04
$2,000,000
ER Commercial General Liability
$1,000,000
Each Occurrence:
$1.000.000
Fire Dmg. (any one fire):
❑ Claims Made
Combined Single Limit:
$1,000,000
Bodily Injury/person:
$0
® Occurrence
$0
Property Damage:
$0
Each Occurrence:
❑ Owner's and Contractors
Aggregate:
Statutory Limits
Protective
Disease/Policy Limit:
Disease/Employee:
El
Per Claim
$1,000,000
Aggregate
•
AUTO LIABILITY
BKO1835543
09/01/03
09/01/04
❑ Any Automobile
❑ All Owned Autos
❑ Scheduled Autos
❑X Hired Autos
X❑ Non -owned Autos
❑ Garage Liability
EXCESS LIABILITY
❑ Umbrella Form
❑ Other than Umbrella Form
WORKERS'
COMPENSATION
AND EMPLOYER'S
LIABILITY
g
PROFESSIONAL
MCA254020947
05/06/04
05/06/05
LIABILITY'
POLICY LIMITS
General Aggregate:
$2,000,000
Products-Com/Ops
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
Aggregate:
$2,000,000
Personal and Adv. Injury:
$1,000,000
Each Occurrence:
$1.000.000
Fire Dmg. (any one fire):
$300,000
Combined Single Limit:
$1,000,000
Bodily Injury/person:
$0
Bodily Injury/accident:
$0
Property Damage:
$0
Each Occurrence:
Aggregate:
Statutory Limits
Each Accident:
Disease/Policy Limit:
Disease/Employee:
Per Claim
$1,000,000
Aggregate
$1,000,000
$0
Description of Operations/LocationsNehicles/Restrictions/Special items:
RE: LA NOVIA AVENUE BRIDGE WIDENING. ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY: THE CITY OF SAN JUAN CAPISTRANO, ITS
ELECTED AND APPOINTED OFFICIALS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED PER ATTACHED PRIMARY ENDORSEMENT.
'Written at aaareaate limits of liability not less than amount shown
Certificate Holder:
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
City of San Juan Capistrano
CANCELLATION:
Attn: Maria Guevara
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30
32400 Paseo Adelanto
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN
San Juan Capistrano, CA 92675
THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN.
Authanzed Representative: 06/03/04
cc
0 0
Policy Number: BKO1835543
Liability Coverage Enhancement —
Architects And Engineers
ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILITY COVERAGE PART.
1. The following is added to paragraph 2 of SECTION
II — WHO IS AN INSURED:
I. If you are required to add another person or
organization as an insured under this policy by a
written contract or agreement which is in effect
during the policy period, that person or organization
is an insured. Such person or organization is
referred to in this Coverage Part as an Additional
Insured.
However, such person or organization is not an
insured with respect to any:
(1) "Property damage "to:
(a) Property owned, occupied or used by
the Additional Insured;
(b) Property rented, leased or loaned to,
in the care, custody or control of, or
over which physical control is being
exercised for any purpose by the
Additional Insured; or
(c) "Your work" performed for the
Additional Insured;
(2) "Bodily injury", "property damage', "personal
injury', "advertising injury" which is not caused
in whole or in part by the negligent acts or
omissions of any Named Insured, or the
negligent acts or omissions of anyone directly
or indirectly employed by a Named Insured or
for whose acts a Named Insured may be
liable;
(3) "Bodily injury", "property damage", "personal
injury", or "advertising Injury for which such
person or organization has assumed liability in
a contract or agreement, except for liability for
damages that such person or organization
would have in absence of the contract or
agreement; or
(4) "Bodily injury", "property damage", "personal
injury' or "advertising injury arising out of any
architect's, engineer's or surveyor's rendering
of, or failure to render, any professional
services, when such person or organization is
an architect, engineer, or surveyor.
2. The following is added prior to the final paragraph
of SECTION II — WHO IS AN INSURED:
You are an insured for your participation in any past
or present "unnamed joint venture". However, you
are not an insured if the "unnamed joint venture
has:
a. Direct employees; or
b. Owns, rents, or leases any real or
personal property.
No other member or partner, or their spouses, of
any past or present "unnamed joint venture" is an
insured. This insurance is excess over any "other
insurance" available to you for your participation in
any past or present "unnamed joint venture".
3. The final paragraph of SECTION II — WHO IS AN
INSURED is replaced by the following:
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture (except "unnamed join
venture") or limited liability company this is not
shown as a Named Insured in the Declarations.
4. Paragraph 2 of SECTION III — LIMITS OF
LIABILITY is replaced by the following:
(2). The General Aggregate Limit is that most we
will pay at each of "your premises" listed in the
Schedule of Premises and is the most we will
pay at each of "your projects" for the sum of:
a. Damages under Section I. A. except
damages because of "bodily injury' and
"property damage" 'included in the
"products completed operations hazard"
and damage to premises rented to you or
temporarily occupied by you with
permission of the owner; and
b. Medical payments under SECTION 1. B.
CL/BF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page 1 of 2
Copyright, Insurance Services Offices, Inc., 2001
0
5. The following is added to SECTION IV -
CONDITIONS, 5. Other Insurance,
a. Primary Insurance;
In addition, this insurance will be considered
primary to, and non-contributory with, "other
insurance" issued directly to a person or
organization added as an additional insured
under SECTION II. 2. I., if you specifically
agree, in that written contract or agreement,
that this insurance must be primary to, and
non-contributory with, such "other insurance".
This insurance will then be applied as primary
insurance for damages for "bodily injury",
"property damage", "personal injury" or
"advertising injury" to which this insurance
applies and that are incurred by such person or
organization, and we will not share those
damages with such "other insurance".
6. The following is added to SECTION IV—
CONDITIONS, 8. Transfer Of Rights Of
Recovery Against Others To Us.
We waive any right of recovery we may have
against any person or organization added
under SECTION IL 2.1., for payments we make
because of injury or damage arising out of
"your work" under the written contract or
agreement with such person or organization,
Provided that the injury or damage occurs
subsequent to the execution of that written
contract or agreement.
ADDITIONAL INSURED:
0
7. The following are added to SECTION V —
DEFINITIONS:
"Unnamed joint venture" means any joint venture
in which you are a member or partner where:
a. Each and every one of your co -ventures in that
joint venture is an architectural, engineering or
surveying firm; and
b. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site or
location that you own or rent or lease from
others.
"Your project"
Means a ny premises, site o r location at, on, or in
which "your work" is not yet completed;
and
a. Means any premises, site or location at, on, or
in which "your work" is not yet completed;
and
b. Does not include "your premises" or any
location listed in the Schedule of Premises.
All other terms of your policy remain the same.
CITY OF SAN JUAN CAPISTRANO, ITS ELECTED AND APPOINTED OFFICIALS AND
EMPLOYEES
CL/BF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 2
Copyright, Insurance Services Offices, Inc., 2001
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sai yuancapistrano. org
May 18, 2004
Keeton Kreitzer Consulting
17882 East 17th Street, Suite 106
Tustin, CA 92780-1947
Dear Sir or Madam:
IAD961
niRmsxm , 1961
1776
MEMBERS OF THE CIT' COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
An original, executed Personal Services Agreement related to preparing an initial study
and mitigated negative declaration for capital improvement project — La Novia Bridge
Widening is enclosed for your records.
Thank you for forwarding the required insurance documentation to our office. Please
keep in mind it must remain current, or all work under this agreement must stop and all
payments for services rendered will be withheld, until these documents are brought
current.
You may proceed with work under this agreement in coordination with the Project
Manager, Lynnette Adolphson, Management Analyst II, (949) 443-6324.
Thank you,
cc: Lynnette Adolphson, Management Analyst Il
San Juan Capistrano: Preserving the Past to Enhance the Future
Maria Guevara
From: Lynnette Adolphson
Sent: Thursday, June 03, 2004 5:23 PM
To: Maria Guevara
Cc: Molly Bogh
Subject: Keeton Kreitzer Workers Compensation Insurance Coverage
Hi Maria,
I contacted Keeton. He does not employ any employees, so he does not need workers compensation insurance. Keeton
will be sending me a letter to that effect, and I will forward it to you for your file. I think that will take care of his insurance
requirements.
Lynnette Adolphson, Management Analyst II
City of San Juan Capistrano Planning Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6324
Fax: (949) 493-1053
Email Address: ladolphson@sanjuancapistrano.org
Website Address: www.sanivancapistrano.org
9 0
Maria Guevara
From:
Lynnette Adolphson
Sent:
Wednesday, June 02, 2004 5:53 PM
To:
Maria Guevara
Subject:
Keeton Kreitzer
Hi Maria,
I left message with Keeton to let me know about workers' comp. Regarding the term, there is a new contract being
processed for La Novia Brige that Meg has not finalized pending insurance certificates that has the new term on it.
Lynnette Adolphson, Management Analyst II
City of San Juan Capistrano Planning Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949)443-6324
Fax: (949) 493-1053
Email Address: ladolphson@sanjuancapistrano.org
Website Address: www.san4uancapistrano.org
�- I
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
May 18, 2004
Keeton Kreitzer Consulting
17882 East 17�h Street, Suite 106
Tustin, CA 92780-1947
Dear Sir or Madam:
s
Jwor,
anniseee i 1961
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A Personal Services Agreement related to preparing an initial study and mitigated
negative declaration for capital improvement project — La Novia Bridge Widening is in
the process of being executed. It will be issued upon receipt of required documentation
related to contract terms under Section 14. Insurance.
Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK --
followed by original signed documents. I have enclosed a copy of the agreement terms
for your reference in supplying this documentation. j
If you have questions specific to the contact, please contact the project m,
Lynnette Adolphson, Management Analyst II, (949) 443-6324. Please call
Guevara, Secretary, (949) 443-6310 if you have questions regarding the fe
insurance needed. /
Thank you,
g Mon han, CMC
C ty Clerk
cc: Lynnette Adolphson, Management Analyst IId-V
of
San Juan Capistrano: Preserving the Past to Enhance the Future