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04-1001_KUNZMAN ASSOCIATES_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _I- day of_ 04, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Kunzman Associates (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to prepare a revised Traffic Impact Analysis for the Rancho Viejo Office Park project in the City of San Juan Capistrano, a proposed 34,864 square feet of general office and 37,232 square feet of medical and dental offices; 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. Scone 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. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Five Thousand Three Hundred Dollars ($5,300.00), as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to C:UNyFiles\CONTRACTS\Kunzmanpsaramhoviejo fim.wpd -1- 8/31/04 PDF created with FinePrint pdfFactory trial version http://www.fineprint.com SC • 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 S. 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 workwill be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. C:VWyFiles\CONTRACTS\Kunzmanpsaramhoviejo ffi e.wpd -2- 8131104 PDF created with FinePrint pdfFactory trial version http://www.fineorint.com 0 0 Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to C:VNyFiles\CONTRACTSUtunzmanpwmmhwiejooffice.wpd -3- 8/31/04 PDF created with FinePrint pdfFactory trial version http://www.fineprint.com 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 Junipero Serra High School South Campus, the Environmental Impact Report (EIR) for such project, or any part of the development identified in the project for which Consultant is preparing the Environmental Impact Report (EIR) if it is determined by a court action having jurisdiction that Consultant or any of its agents, employees, or subcontractors negligently performed its services under this agreement. Consultant's obligation to indemnify the City shall include reasonable attorney fees and costs. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. C:\MyFile \CONTRACTS\Kunzmanpwrarchoviejwfim.wpd -4- PDF created with FinePrint pdfFactory trial version htto://www.fineorint.com 8/31/04 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 to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Priorto beginning anywork under this Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. C:\MyFiles\CONTRACTS\KunzmanpwmmhmiejwfFiice.wpd -5- 8/31104 PDF created with FinePrint pdfFactory trial version htto://www.fineorint.com 0 0 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other 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 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Administrative Services To Consultant: Kunzman Associates 1111 Town & Country Road, Suite 34 Orange, CA 92868-4667 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. C:WyFiles\CONTRACTS\Kunzmanps mmhmiejooffice.wpd -6- 8/31/04 PDF created with FinePrint pdfFactory trial version htto://www.finei)rint.com 0 Section 18. Dispute Resolution. 0 In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: l --T- -lM David F. Adams, City Manager Kunzman Associates By: ,Zp,.. William Kunzman, .E., Principal ATTEST: Monahan, City Clerk APPROVED AS TO FORM: John R. St, Itity Attorney C:WyFiles\CONTRACTSU(unzmanpmmmhoviejou ice.wpd -7- PDF created with FinePrint pdfFactory trial version htto://www.finei)rint.com 8/31/04 Sent By KUNZMAN; • July 15, 2004 JetSuite; Mr. Alan Oswald, Senior Engineer CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Oswald: Jul -27-04 8:04AM; • The firm of Kunzman Associates is pleased to submit this provide professional engineering services for a revised traffi Rancho Viejo Office Park project in the City of San Juan Capi: proposed to be developed with 34,864 square feet of general feet of medical and dental offices. This proposal outlines a sc information provided by you, and our understanding of the rel traffic impact analysis. SCOPE OF WORK The revised traffic impact analysis will consist of preparing for submission to the reviewing agency. The report will be p accepted professional transportation engineering standards. will summarize the revised traffic impact analysis findings, m data. It will quantify existing traffic conditions, traffic conditioi and recommend mitigation measures. Specifically, the revised traffic impact analysis will consist traffic generation; (2) distributing the project traffic generatil determining the project's traffic impacts; (4) analyzing examining internal circulation including emergency vehicle impacts; and (7) preparing a written report. Mitigation mea sizing recommendations, intersection controls, and special t pockets and right turn lanes as might be required by the proji 1111 TOWN & COUNTRY ROAD, SMITE 34 • ORANGE, TELEPHONE: (714) 973-8383 ■ FACSIMILE: Ot E-MAIL: MAIL 0 TRAFFIC-ENGINEER.COM 0 WED; WWW.TR Page 2 proposed agreement to impact analysis for the lrano. The project site is office and 37,232 square )pe of work based on the uirements of this revised objective report suitable eared in accordance with he final illustrated report lodology, and supportive upon project completion, (1) determining project to the street system, (3) 1 access locations; (5) ;cess; (6) mitigating the res will include roadway fitments such as left turn EXHIBIT A Sent By: KUNZMAN; JetSuite; Jul -27-04 8:04AM; Page 3 The revised traffic impact analysis will include calculation of intersection capacity utilization (ICU) and intersection delay utilizing the Highway Capacity Manual (HCM) methodology at up to nine (9) intersections in the project vicir ity during the peak hours for existing conditions as well as with the proposed project. I;QPIF,S OF REPORT Three copies (two bound and one original) of the revised tra is impact analysis will be submitted. DRAFT COMMENTS This proposal does include response to one set of draft co ments, whether the draft comments are verbal or written, once the report is submitte to the reviewing agency. Any changes that may be required after responding to the firs set of draft comments will be charged in addition to the amounts contained in this propo al. MEETING ATTENDANCE This proposal includes one general orientation meeting if necessary for report discussion, and does not include attendance at public eetings. The cost for attendance at meetings will be charged in accordance with rovisions 2 and 3 of the Standard Compensation Schedule. TIME SCHEDt)LE it is estimated that the revised traffic impact analysis will take approximately 20 working days to complete from the date of authorization, and date of receipt of data essential for the study. Additionally, any delays resulting from circumstances beyond our control such as, but not limited to, illness, equipment malfunction, weather, or employee departure, shall extend the time schedule. QUALIFICATIONS Kunzman Associates is located in the City of Orange and sp cializes in transportation planning for governmental agencies and the business comm nity. The firm has highly qualified personnel with experience throughout Southern California at the regional, local, and individual project level. The experience of the firm's personnel in transportation planning and traffic operations for new planned communities, as well as established areas provides the special skills necessary far determining imaginative, practical, and meaningful solutions to transportation problems. The firm was established in 1976 by William Kunzman, P.E., and since lhn the firm has completed over 1,500 transportation studies for over 300 different client Sent By: KUNZMAN; • JetSuite; Jul -27-04 8:05AM; Page 416 • William Kunzman will be Kunzman Associates' project manager and assure that manpower and material resources are allocated to complete the project on time and within the budget. His work experience includes employmen by the Federal Highway Administration, the Counties of Los Angeles and Riverside, z nd the City of Irvine His education includes completing undergraduate studies in en ineering at University of California at Los Angeles (1967) and graduate studies in ti affic engineering at Yale University (1968), Carl Ballard will be the primary person who will prepare the traffic impact analysis. Since 1982, his work experience includes site access evalua ion, intersection capacity analysis, traffic forecasting, circulation planning, traffic impact studies, and transportation demand management plans. His educat n includes completing undergraduate studies in mathematics at California State UnNarsity, Fullerton (1986). EXPERIENCE DIRECTLY RELEVANT Kunzman Associates has extensive experience in working th projects in the City of San Juan Capistrano, Kunzman Associates personnel have nducted numerous traffic impact analyses within the study area over the past 25 years. COMPENSATION The fee for the work outlined in this proposal shall be based upon personnel charges plus direct expenses as indicated in the Standard Compensation Schedule, a copy of which is attached and is incorporated into the Memorandum of Agreement in its entirety. However, in no case will the total fee for the specified services exceed $5,300 without prior approval from you or your authorized representative. The fee includes Kunzman Associates maintaining broad form general liability insurance workman compensation insurance, and professional liability insurance; however, any insurance required by the client above that currently maintained by Kunzman Associate shall be a reimbursable expense in addition to the total fee quoted. The fee does not include attendance or presentation at a public hearing. Sent By: KUNZMAN; . JetSuite; Jul -27-04 8:05AM; Page 5/6 This letter can serve as a Memorandum of Agreement and ou authorization to proceed, Please sign one copy and return it to us for our files. We are ooking forward to serving you on this project, Respectfully submitted, KUNZMAN ASSOCIATES Q� '0A Carl Ballard Senior Associate #2851a CONTRACT APPROVAL Approved by: Title: Firm: Date: Place of Execution 4 Sent By: KUNZMAN; L Jetsuite; Jul -27-04 6:05AM; Page 6/6 (Effective January, 1999) Senior Associate $125.00 Associate $100.00 Assistant $ 40.00 Technician $ 40.00 General Provisions gj Agreernent 1 Travel, reproduction, and supply costs are billed at cost. 2 Hourly rates appy to work time sa well as travel time and waving timewhich occur at meetings, public hearings, depositions, or court testimony. 3. Statements will be submitted monthly for work in progress or upon cc mplation of work. Statements are payable within 30 days of the statement date. Any invoice unpaid i fter 30 days shat be subled to a service charge of the ma)dmum interest rate allowed bylaw or two per ant par month, whichever Is leas 4. Client hereby agrees that the balance in a trilling statement is correct and binding unless the client notifies the consultant in writing within fifteen days of the date of billln and informs consultant of the alleged Incorrect item. 5. All documents produced as a result of this agreement may be used by the consultantwithout consent from the client 6. The consultant makes no warranty as to his findings exceptthat the wlrk Is performed using generally accepted methods. 7. The consultant will format the report according to client instructions at he beginning oftheproject oun the absence of such the absence of such instructions, In a format chosen by the consultant and consistent with accepted professional transportation engineering stu let. a. The consultant will produce an objective, professional report and me not arrive at the findings dedred by the client 0. The client agrees to limit the consultant's liability to the client because of professional negligent acro, errors, or omissions by the consultant to the consultant's fee. 10. Any controversy or claim arising out of or relating to this contract, or thi o breach thereof, shall be settled by arblustion In accordance with the rules of the American Arbitration j Wisoclation. andjudgment upon the award rendered by the arbitration may be entered in any court he Ang jurisdiction thereof. 11. Where Kunzman initial® arbitration proceedings relating to this conin ict. any resultant fees to process arbitration, such as fling fees and attorney fees, all shall be borne by he client. 12 If any term, condition, or provision of this Agreement Is declared void unenforceable, or limited in its application or effect, such event shall not ailed any other provisions hereof and all of the provisions shall remain fully enforceable. Kunzman Associates Message • Page 1 of 1 Maria Guevara From: Kassidy Hill Sent: Monday, May 01, 2006 11:24 AM To: Maria Guevara Cc: Alan Oswald Subject: FW: NON -PAY LIST.doc Maria, Regarding Kunzman Associates, their project is complete according to Alan (see below) Thanks! Kassicly A. Hill Administrative Assistant Engineering & Building Department City of San Juan Capistrano 949.443.6339 phone 949.493.1251 fax Engineering & Building Department Mission Statement- "To Enhance the Quality of Life and Preserve the City's Heritage and Charm through Timely Response, Effective Design, Environmental Sensitivity, Quality Construction and Neighborhood Improvement. " -----Original Message ----- From: Alan Oswald Sent: Monday, May 01, 2006 11:11 AM To: Kassidy Hill Subject: RE: NON -PAY LIST.doc Kassidy, this project is complete Kunzman Associates - Rancho Viejo Office Park Traffic Impact Analysis OVAX Department Mission Statement "To enhance the quality of life and preserve the City's heritage. and charm through timely response, effective design, environmental sensitivity, quality construction and neighborhood improvements.' -----Original Message ----- From: Kassidy Hill Sent: Monday, May 01, 2006 11:05 AM To: Ziad Mazboudi; Alan Oswald; Brian Ige; Brian Perry; Irene Marcote; Sam Shoucair; Tony Foster Subject: NON -PAY LIST.doc Please see updated list. If you work with the subject company, please contact them to submit docs. / Thanks, Kassidy S� 5/1/2006 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAX www.sanjuancapistrano.org February 15, 2006 Kunzman Associates 111 Town & Country #34 Orange, CA 92868-4667 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN V r^t V V� RE: Compliance with Insurance Requirements — Rancho Viejo Office Park Traffic Impact Analysis The following insurance documents are due to expire: ✓ Workers' Compensation Certificate 2/21/2006 Please submit updated documentation by the above expiration dates to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan C�[Ristrano, CAA2675 or fax to (949) 493-1053. If you have any questions, please on act me at ( 9) 443-6309. -- cc: 0 Printed on recycled paper City Clerk Kassidy Hill, Administrative Assistant San Juan Capistrano: Preserving the Past to Enhance the Future CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Lynnette Adolphson, Management Analyst II FROM: Mitzi Ortiz, Deputy City Clerk DATE: June 1, 2005 SITUATION: On October 1, 2004, the City of San Juan Capistrano entered into a Personal Services Agreement with Kunzman Associates to prepare a Traffic Impact Analysis for the Rancho Viejo Office Park. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2005. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: a41kv y� ��tcct due . �iXz DATE W WHEN NEXT ACTICEN (S) LD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION DATE SIGNED: Tickler Date: 06/01/05 Deadline Date: 06/30/05 /l fay.'_% i �/' i ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** cc: Department Head (600.30/kunzman 2) COMMERCIAL CERTIFICATE OF INSURANCE Issue Date (MM/DD/YY) AGENCY JOHN L EKNO 3/29/2005 210 W BIRCH #205 Name BREA CA 92821 This certificate is issued as a matter of information only and confers no & 714-257-2517 rights upon the certificate holder. This certificate does not amend, extend Address FAX 714-257-2522 or alter the coverage afforded by the policies shown below. 0595969 97 55 316 COMPANIES PROVIDING COVERAGE: ST. DIST. AGENT COMM COMPANYUEUEA TRUCK INSURANCE EXCHANGE A INSURED WILLIAM A KUNZMAN COMPANY g FARMERS INSURANCE EXCHANGE LETTER Name DBA KUNZMAN ASSOCIATES & 111 TOWN & COUNTRY #34 UEET RNY C MID-CENTURY INSURANCE COMPANY Address ORANGE, CA 92868-4667 COMPANY D LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RtUUIREMEN T, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. LTR. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) POLICY LIMITS General Aggregate $ GENERAL LIABILITY Commercial General Liability Products-Comp/Ops Aggregate $ -Occurrence Version Personal & Advertising Injury $ Contractual - Incidental Only Each Occurence $ oe Owners &Contractors Prot. A nre) (y $ Medical E pense ((Any one arson) $ AUTOMOTIVE LIABILITY Limit $ All Owned Commercial Autos gSingle (PerIlF'er5ol5) $ Scheduled Autos Hired Autos odilX Injury Per ccident) $ Non -Owned Autos Property Damage $ Garage Liability Garage Aggregate $ UMBRELLA LIABILITY Limit $ STATUTORY A X WORKERS' COMPENSATION Each Accident $ 1,000,000 AND A2009 - 51 - 90 2/21/2005 2/21/2006 Disease 1,000,000 -each employee $ EMPLOYERS' LIABILITY Disease -policy limits $ 1,000,000 DESCRIPTION OF OPERATIONSNEHICLESIRESTRICTIONS/SPECIAL ITEMS: CERTIFICATE HOLDER CANCELLATION Name ALAN OSWALD OR INS ADMIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION & CITY OF SAN JUAN CAPISTRANO DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO Address 32400 PSEAO ADELANTO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATI? OR LIABILITYPON THE COMPANY. ITS AGENTS OR SAN JUAN CAPISTRANO, CA 92675 AREPREORVFARMERS REPNTATIVE CERTIFICATE OF Issue Date 4MM/DD/YY) AGENCY JOHN L EKNO 4/01/2004 210 W BIRCH H2O5 Name BREA CA 92821 This certificate is issued as a matter of information only and confers no & 714-257-2517 rights upon the certificate holder. This certificate does not amend, extend Address FAX 714-257-2522 or alter the coverage afforded by the policies shown below. 97 55 316 COMPANIES PROVIDING COVERAGE: ST. DIST. AGENT COMPANY A TRUCK INSURANCE EXCHANGE INSURED WILLIAM A KUNZMAN COMPANY g FARMERS INSURANCE EXCHANGE LETTER Name DBA KUNZMAN ASSOCIATES & 111 TOWN & COUNTRY #34 TTEER r C MID-CENTURY INSURANCE COMPANY Address ORANGE, CA 92868-4667 COMPANY D LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THI INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MA' HAVE BEEN REDUCED BY PAID CLAIMS. CO.POLICY LTR. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MWDD/YY) POLICY LIMITS General Aggregate $ 2,000,00 A GENERAL LIABILITY Commercial General Liability Aggregate omp/Ops $ 1,000,00 X -Occurrence Version 01488-21-47 12/29/2003 12/29/2004 Personal & AdvertisingInjury $ 1,000,00 Contractual - Incidental Only Each Occurence $ Fire Damage (Any one Flre) $ 100,00 Owners & Contractors Prot. Medical Expense (Any one Person) $ 5,00 Comnd A AUTOMOTIVE LIABILITY S ngle Limit $ 1,000,00 All Owned Commercial Autos (Perll� Injury $ Scheduled Autos Hired Autos 01488 - 21 - 47 12/29/2003 12/29/2004Baa rllXccieent) $ X Non -Owned Autos Property Damage $ Garage Liability .. Garage Aggregate $ A X UMBRELLA LIABILITY 01485 - 79 - 76 12/29/2003 12/29/2004 Limit $ 5,000,00 STATUTORY A X WORKERS' COMPENSATION Each Accident $ 1,000,00 AND A2009 - 51 - 90 2/21/2004 2/21/2005 Dise -each@see mployee $ 1,000,00 EMPLOYERS' LIABILITY Disease -policy limits $ 1,000,00 DESCRIPTION OF OPERATIONSIVEHICLES/RESTRICTIONS/SPECIAL ITEMS: CERTIFICATE HOLDER Name AND ADDITIONAL INSURED & CITY OF SAN JUAN CAPISTRANO Address 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABI OF ANY KIND ON THE COMPANY, ITS AGENTS OR REPRESENTATI ORIZED REPRESENTATIVE COMM IAL CERTIFICATE OF INSURANCE Issue Date (MM/DD/YY) 3ENCY JOHN L EKNO 2/02/2004 210 W BIRCH #205 ame BREA CA 92821 This certificate is issued as a matter of information only and confers no & 714-257-2517 rights upon the certificate holder. This certificate does not amend, extend ldress FAX 714-257-2522 or alter the coverage afforded by the policies shown below. COMPANIES PROVIDING COVERAGE: 97 DIST._ 55 AGENT 316 T. _- COMPANY A TRUCK INSURANCE EXCHANGE LETTER ISURED WILLIAM A KUNZMAN COMPANY B FARMERS INSURANCE EXCHANGE LETTER ame DBA KUNZMAN ASSOCIATES & 111 TOWN & COUNTRY 1134 FETTER"Y C MID-CENTURY INSURANCE COMPANY ddress ORANGE, CA 92868-4667 COMPANY D LETTER OVERAGES THIS IS TO CERTIFY THAT THE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �. R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDNY) POLICY EXPIRATION DATE (MM/DDNY) POLICY LIMITS General Aggregate $ 2,000.000 GENERAL LIABILITY omp/Ops Argg Commercial General Liability egase $ 1,000,000 X -Occurrence Version 01488 - 21 - 47 12/29/2003 12/29/2004 Personal& Advertising Injury $ 1,000,000 Contractual - Incidental Only Each Occurence $ Fire Dama e (Any one FF�re) $ 100,000 Owners & Contractors Prot. Medical Expense (Any one Person) $ 5,000 AUTOMOTIVE LIABILITY omb Sngelned Limit $ 1.000,000 All Owned Commercial Autos Bodil (Per rsoNllw) $ Scheduled Autos 01488 - 21 - 47 12/29/2003 12/29/2004 Bodil Injury Hired Autos (Per cadent) $ X Non -Owned Autos Property Damage $ Garage Liability Garage Aggregate $ X UMBRELLA LIABILITY 01485 - 79 - 76 12/29/2003 12/29/2004 Limit $ 5,000,000 STATUTORY X WORKERS' COMPENSATION Each Accident $ 1,000,000 AND A2009-51-90 2/21/2003 2/21/2004 Disease -each employee $ 1.000,000 EMPLOYERS' LIABILITY Disease -policy limits $ 1,000,000 SCRIPTION OF OPERATIONSNEHICLESIRESTRICTIONS/SPECIAL ITEMS: ERTIFICATE HOLDER Name AND ADDITIONAL INSURED & CITY OF SAN JUAN CAPISTRANO 4ddress 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR S 0 0 POLICY NUMBER: 0148a-21-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: , C MMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name Person or Organization: CITY OF SAN JUAN CAPISTRANO ATTN:ALAN OSWALD, SR ENGINEER (If no 4ntry appears above, information required to complete this endorsement will be shown in the Declara- tionsLLs applicable to this endorsement.) WHO tp AN INSURED (Section ti) is amended to include as an insured the person ororganization shown in the Schede le as an insured but only with respect to liability arising out of your operations or premises owned by or rented to .you. CG 2026 11 81 £d wtie1:ot 400Z Z0 'qaA Copyright, Insurance Services Office, Inc., 1984 OVBL£8SS0e : 'OJ Aij *0'J'y'"1 : WWA 0 E Pocky ChtiaSes Endorsement Description I I I ADD ADDITIONAL INSURED CG20261184 _ CITY OF SAN JUAN CAPISTRANO ATTENTION: ALAN OSWALD, SENIOR ENGINEER 32400 PASEOADEIAL`ITO i SAN JUAN CAPISTRANO, CA 92675 Re i ova! If Covered Property is removed to a new location that is described on this Polity Change, per It you may extend this imutancc to include that Covered Property at each location during the r=ovaL Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change. after that, this insurance does not jI apply at the previous location. f f 914271 1 ENION f4in 01- 9d WOOS :01 IM 1n&" Cwkhw ffis", Im" W'6' cokk Inc ndh is Mn b00Z eo 'qad 0t8L£8SS08 : '0N AdA k2flltr Pry[ 2 Of 2 : WMH Jah 13 04 12:00p Fran'- Crowl Co (818) 5D1-0229 P.1 TE I -AcoRD CERTIFICATE OF LIABILITY INSURANC111 °A0171'070' 2WIL 01/13/09 'RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frank A. Crowl Company, Ina ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic# 05D8258 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR L5260 Ventura Blvd. , #675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sherman Oaks CA 91403 INSURERS AFFORDING COVERAGE Phone:818-783-1533 Fax;FAX-501-0229 u<ucan INSURERA: NATIONAL UNION FIRE INS. CO. INSURER B: WILLIAM RUNZMAN DHA: XUNZMAN & INSURER C: ASSOCIATES 1111 Town & Country Rd, Ste 34 INSURER D: Orange, CA 92668 I INSURER E' ' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CUIMS. p DDIYY LIMITS TR TYPE OF MSURANCE POLICY NUMBER DATEC MMIDDMy DATE MM GENERAL LABILITY EACH OCCURRENCE s2,000,000 A COMMERCIAL GENERAL LIABILITY MCPL925-50-22 12/30/03 12/30/04 FIRE DAMAGE(Anyme Ere) f ]L CIAIh15 MADE ❑OCCUR MED EXP (My one person) f XX i PROFESSIONAL LIAR PERSONAL &ADV INJURY f GENERA -AGGREGATE $2,000,000 -COMPOP AGO f GENL AGGREGATE LIMIT APPLIES PER (PRODUCTS POLICY Ll )ECT PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f (Ea a¢IOeM) ANY AUTO ALL OWNED AUTOS 'BODILY INJURY f person) SCHEDULED AUTOS ((Per HIRED AUTOS (BODILY INJURY S (Per acritlmp NON -OWNED AUTOS PROPERTY DAMAGE $ (Per emdwt) GARAGE LABILITY AUTO ONLY. EA ACCIDENT S OTHERTHAN EA ACC f ANY AUTO AUTO ONLY: AGO f EXCESS LIABILITY EACH OCCURRENCE f AGGREGATE _ S OCCUR El CLAIMS MADE S $ DEDUCTIBLE S RETENTION E WORKERS COMPENSATION AND TORY LIMITS ER ELEACHACCIDENT S EMPLOYERS' LABILITY E.LDISFASE-EAEMPLOYEE S EL. DISEASE -POLICY LIMIT S OTHER �,.-ee....0 ne neeoernuen nrreTl(YLenIFNN:LE3lEYm ILunNS ADDED BY EN°ORSENENT/SPECAL PRONSIONE ;10,000• DEDUCTIBLE PER CLAIM ZETRO DATE: 3-1-97 :ERTIFICATE HOLDER N , ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION CITYSA3 SHOULD ANY OF THE ABOVE DESCRIBED PWM55 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MNL _N _ DAYS WMTEN CITY OF SAN JUAN CAPISTRANO NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO W SO SHALL ATTN: ALAN OSWALD,SR. ENGINEER IMPOSE NO OBLIGATION OR LIASIUTY OF MY KIND UPON THE INSURER, ITS AGENTS OR 324 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 REPRESvAT .91/23/2004 11:52 POLICY NUMBER 714257252? 01499-21-47 FARMERS PAGE 02 0 L:UMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY_ ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. scHEDULE Name d Person or oryanlration: CITY OF SAN JUAN CAPISTRANO 32400 PASEO AAELANTO SAN JUAN CAPISTRANO CA 92675 (If no entry appears above, information required to complete this endorsement will be shown In the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an Insured the person or organization shown In the Schedule as an insured but only with respect to liability arising out of your operations or promises owned by or rented to you. CG 20 26 11 65 Copyright, Insurance Services Office, Inc., 1984 0- 32400 PASEO ADEL.ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www. sanjuancapis trano.OF9 October 1, 2004 Kunzman Associates 111 Town & County Road, Suite 34 Orange, CA 92868-4667 Dear Sir or Madam: i MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L. BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Enclosed is an executed, original professional services agreement for preparation fo a revised traffic impact analysis for the Rancho Viejo Office Park. We have received documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the Project Manager, Lynnette Adolphson, Management Analyst II (949) 443-6324. Me onah n, CMC Ci Clerk cc: Lynnette Adolphson, Management Analyst II Finance �� San Juan Capistrano: Preserving the Past to Enhance the Future