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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 cip-LalloviaBddge-CEOA-psa-revpgl.wpd 1 of 7 Apnl 2004 SD 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 LI 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 cip-LalloviaBridge-CEQA-psa.wpd 3 of 7 April 2004 0 9 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. Cip-LalloviaBridge-CEQA-psa.wpd 4 of 7 April 2004 0 9 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. cip-LalloviaBridge-CEQA-psa.wpd 5 of 7 April 2004 0 0 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other 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 0 0 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 0 0 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 0 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 0 0 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