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HomeMy WebLinkAboutC-4770 - PSA for Traffic Study at 4221 Dolphin Striker WayAMENDMENT NO. SIX TO '0 PROFESSIONAL SERVICES AGREEMENT WITH KUNZMAN ASSOCIATES, INC. FOR TRAFFIC STUDY AT 4221 DOLPHIN STRIKER WAY THIS AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Six"), is entered into as of this ` 60day of _ I, , 2012, by and between the CITY OF NEWPORT BEACH, a California (Muni 'pal Corporation ("City"), and KUNZMAN ASSOCIATES, INC. a California Corporation whose address is 1111 Town & Country Road, Suite 34, Orange, California 92868 ("Consultant"), and is made with reference to the following: RECITALS: A. On February 14, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement") for to prepare a Traffic Phasing Ordinance (TPO) and parking study for 4221 Dolphin Striker Way ("Project"). The Ridgeway/Whitney Partnership shall reimburse the City for the costs associated with the TPO and parking study services for the Project. B. On March 29, 2012, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. One"). C. On May 16, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. Two"). D. On June 8, 2011, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. Three"). E. On October 26, 2011, City and Consultant entered into Amendment No. Four to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. Four"). F. On April 27, 2012, City and Consultant entered into Amendment No. Five to increase the scope of work, increase the total compensation and to extend the term to December 31, 2012. G. City desires to enter in this Amendment No. Six to reflect additional services not included in the Agreement and to increase the total compensation. H. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated July 9, 2012, which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Thirty One Thousand, Four Hundred Fifty Seventy Dollars and 501100 ($31,457.50) without prior written authorization from City ("Total Amended Compensation"). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2..1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Six, including all reimbursable items and subconsultant fees, in an amount not to exceed Seven Hundred FEighty Seven Dollars and 50/100 ($787.50), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended, shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] KUNZMAN ASSOCIATES, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Six on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1Z- By: a� Aaron C. Harp y City Attorney ATTEST: Date: By: Lei Cit, CITY OF NEWPORT BEACH, A Califor a municipal corporation Date: B Si n G: , dum Public Works Director CONSULTANT: KUNZMAN ASSOCIATES, INC,, a California Corporation / Date:�lf9�f By:_ 01 ��w Carl Ba lard Chief Executive Officer and Chief Financial Officer ;IGNATURES] Attachment: Exhibit A — Additional Services to be Performed KUNZMAN ASSOCIATES, INC. Page 3 Kk UNZ A.NIATES NC, OVER 35 YEARS OF. EXCELLENT 'SERVICE July 9, 2012 Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663-3884 Dear Mr. Keely: INTRODUCTION The firm of Kunzman Associates, Inc. is pleased to submit this proposed agreement to provide professional engineering services for an updated traffic study for the 4221 Dolphin Striker project in the City of Newport Beach. SCOPE OF WORK The updated traffic study will consist of (1) obtaining the updated project description; (2) reviewing the updated project site plan; (3) determining the updated project traffic generation; (4) distributing the project traffic generation to the street system; (5) determining the project's impacts; (6) mitigating the impacts; and (7) preparing a revised written report. COPIES OF REPORT Two copies (one bound and one PDF for the client's use) of the updated traffic study will be prepared and submitted to the client. TIME SCHEDULE It is estimated that the updated traffic study will take approximately 5 working days to complete from the date of authorization, and date of receipt of data essential for the study. COMPENSATION The maximum fee is $787.50. The fee will be based on hours worked and is a maximum not to be exceeded without prior approval from you or your authorized representative. The Kunzman Associates, Inc. standard compensation schedule is attached. till TowN & CouNTRY ROAD, Sum 34 ORANO� CALIFORNIA 92WB (714) 973-8383 W W W,TRAFFIC-ENOINEER.COM Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH July 9, 2012 This letter can serve as a memorandum of agreement and our authorization to proceed. Please sign one copy and return it to us for our files. We are looking forward to serving you on this project. Respectfully submitted, KUNZMAN ASSOCIATES, INC. Qf J J A Carl Ballard, LEED GA Principal Associate #4839f-1 CONTRACT APPROVAL Approved by: Title: Firm: Date: W W W.TRAFFIC-EII'GINEER.COM AMENDMENT NO. FIVE TO !� PROFESSIONAL SERVICES AGREEMENT WITH KUNZMAN ASSOCIATES, INC. J FOR TRAFFIC STUDY AT 4221 DOLPHIN STRIKER WAY THIS AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Five"), is entered into as of this ,?7-?Lday of M91L , 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and KUNZMAN ASSOCIATES, INC. a California Corporation whose address is 1111 Town & Country Road, Suite 34, Orange, California 92868 ("Consultant"), and is made with reference to the following: RECITALS: A. On February 14, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement") for to prepare a Traffic Phasing Ordinance (TPO) and parking study for 4221 Dolphin Striker Way ("Project"). Ridgeway/Whitney Partnership will reimburse the City for the costs associated with the TPO and parking study services for the Project. B. On March 29, 2012, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. One"). C. On May 16, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. Two"). D. On June 8, 2011, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. Three"). E. On October 26, 2011, City and Consultant entered into Amendment No. Four to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. Four"). F. City desires to enter into this Amendment No. Five to reflect additional services not included in the Agreement or prior Amendments, to increase the total compensation and to extend the term to December 31, 2012. G. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: I. TERM Section 1 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on December 31, 2012, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated November 30, 3011, which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Thirty Thousand, Six Hundred Seventy Dollars and no/100 ($30,670.00) without prior written authorization from City ("Total Amended Compensation"). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Five, including all reimbursable items and subconsultant fees, in an amount not to exceed Three Thousand, Three Hundred Dollars and no/100 ($3,300.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, in the Agreement, as amended. shall remain unchanged effect. terms, and covenants set forth and shall be in full force and KUNZMAN ASSOCIATES, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Five on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: '3 /Z q-// z By: --jam Aaron C. Harp City Attorney ATTEST: Date: By: Lei Cit) CITY OF NEWPORT REACH, A Californi9AU icipal corporation Date: 2 ic,Works Director CONSULTANT: KUNZMAN ASSOCIATES, INC., a California Corporation Date: 4.1 1b (I) - By: klqlll, �kv Carl Ballard Chief Executive Officer and Chief Financial Officer Attachment: Exhibit A — Additional Services to be Performed KUNZMAN ASSOCIATES, INC. Page 3 EXHIBIT A KUNZMAN ASSOCIATES, INC. 11\'ER �� �'E\R- ��F \(:LLE\'I 'SFR\ ICE November 30, 2011 Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663-3884 Dear Mr. Keely: INTRODUCTION The firm of Kunzman Associates, Inc. is pleased to submit this proposed agreement to provide professional engineering services for an updated traffic/parking report for the 4221 Dolphin Striker project in the City of Newport Beach. SCOPE OF WORK The revised traffic/parking analysis will consist of (1) obtaining the updated project description; (2) reviewing the updated project site plan; (3) determining the updated project traffic generation; (4) distributing the project traffic generation to the street system; (5) determining the project's impacts; (6) mitigating the impacts; and (7) preparing a revised written traffic/parking analysis report. COPIES OF REPORT Two copies (one bound and one PDF for the client's use) of the updated traffic/parking report will be prepared and submitted to the client. TIME SCHEDULE It is estimated that the updated traffic/parking report will take approximately 10 working days to complete from the date of authorization, and date of receipt of data essential for the study. COMPENSATION The maximum fee for the updated traffic/parking report is as follows: Traffic Study Revisions: $2,100 Parking Study Revisions: $1,200 Total: $3,300 Illi TOWN & COUNTRY ROAD, SUITE 34 ORANGE, CALIFORNIA 92868 (714)973-8383 \,V V, V %V.TR A FF I C-EN1G 1 NIEE R.COM J AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT WITH KUNZMAN ASSOCIATES, INC. FOR TRAFFIC STUDY AT 4221 DOLPHIN STRIKER WAY THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Four"), is entered into as of this WAay of _ (�(, G� , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and Kunzman Associates, Inc., a California Corporation whose address is 1111 Town & Country Road, Suite 34, Orange, California 92868 ("Consultant"), and is made with reference to the following: RECITALS: A. On February 14, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement") to prepare a Traffic Phasing Ordinance (TPO) and parking study for 4221 Dolphin Striker Way ("Project"). Ridgeway/Whitney Partnership will reimburse the City for the costs associated with the TPO and parking study services for the Project. B. On March 29, 2011, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. One"). C. On May 16, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. Two"). D. On June 8, 2011, City and Consultant entered into Amendment No. Three to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. Three"). E. City desires to enter into this Amendment No. Four to reflect additional services not included in the Agreement or prior Amendments, and to increase the total compensation. F. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended shall be supplemented to include the Scope of Services dated October 3, 2011 which is attached hereto as Exhibit `A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Twenty -Seven Thousand, Three Hundred Seventy Dollars and no/100 ($27,370.00) without prior written authorization from City ("Total Amended Compensation"). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Four, including all reimbursable items and subconsultant fees, in an amount not to exceed One Thousand, One Hundred Dollars and no/100 ($1,100.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Four on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: —& Z By: - Leonie Mulvihill Assistant City Attorney ATTEST - Date: Date: 10, 2-b� By:— Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Californimu r cipal corporation Date: /a fephen WBadLfiTr— ublic Works Director CONSULTANT: KUNZMAN ASSOCIATES, INC., a California Corporation Date: to4rhj By: 0 / 'l/`. Carl Ballard, Chief Executive Officer and Chief Financial Officer Attachment: Exlilb*��'Additional Services to be Performed EXHIBIT A K.LINZMAN ASSOCIATES, INC. OVER 35 YEARS OF EXCELLENT SERVICE October 3, 2011 Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663-3884 Dear Mr. Keely: INTRODUCTION The firm of Kunzman Associates, Inc. is pleased to submit this proposed agreement to provide professional engineering services for a revised parking analysis for the 4221 Dolphin Striker redevelopment project in the City of Newport Beach. SCOPE OF WORK The revised parking analysis will consist of (1) obtaining the new project description; (2) reviewing the new project site plan; (3) determining the project's parking impacts; (4) mitigating the parking impacts; and (5) preparing a written report COPIES OF REPORT Three copies (two bound and one PDF for the client's use) of the parking analysis will be prepared and submitted to the client. TIME SCHEDULE It is estimated that the parking analysis will take approximately 5 working days to complete from the date of authorization, and date of receipt of data essential for the study. COMPENSATION The maximum fee is $1,100. The fee will be based on hours worked and is a maximum not to be exceeded without prior approval from you or your authorized representative. The Kunzman Associates, Inc. standard compensation schedule is attached. 1111 TOWN BL COUNTRY ROAD, SUITE 34 ORANGE, CALIFORNIA 92868 (714) 9'73-8383 W W W.TRAFFIC-ENGINEER.COM AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH �h KUNZMAN ASSOCIATES, INC. FOR TRAFFIC STUDY AT 4221 DOLPHIN STRIKER WAY THIS AMENDMENT NO. THREE TO PROFESSIONALRVICES AG("Amendment No. Three"), is entered into as of this day of 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and KUNZMAN ASSOCIATES, INC., a California Corporation whose address is 1111 Town & Country Road, Suite 34, Orange, California 92868 ("Consultant"), and is made with reference to the following: RECITALS: A. On February 14, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement") to prepare a Traffic Phasing Ordinance (TPO) and parking study for 4221 Dolphin Striker Way ("Project"). Ridgeway/Whitney Partnership will reimburse the City for the costs associated with the TPO and parking study services for the Project. B. On March 29, 2011, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. One"). C. On May 16, 2011, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. Two"). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments ad to increase the total compensation. E. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated April 28, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Twenty -Six Thousand, Two Hundred Seventy Dollars and no/100 ($26,270.00) without prior written authorization from City ("Total Amended Compensation"). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Three Thousand, One Hundred Dollars and no/100 ($3,100.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended, shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the dates written below. APPROVED AS TO FORM: OFFICE OF THE C41TY ATTORNEY Date: �I�%�ir // B V r Leo re Mulvihill ,Assistant City Attorney ATTEST: Date: B C Attachment: CITY OF NEWPORT BEACH, A California "u cipal corporation Date: _-V tau m c Works Director CONSULTANT: KUNZMAN ASSOCIATES, INC., a California Corporation Date: 5� 1I1 By: l Carl Ba rd Chief Executive Officer and Chief Financial Officer '- Additional Services to be Performed EXHIBIT A I�UNZN•iAN, AssocIATES, INC. ., a Fa `•$,, April 28, 2011 Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663-3884 Dear Mr. Keely: INTRODUCTION The firm of Kunzman Associates, Inc. is pleased to submit this proposed agreement to provide professional engineering services for a revised traffic/parking analysis for the 4221 Dolphin Striker redevelopment project in the City of Newport Beach. SCOPE OF WORK The revised traffic/parking analysis will consist of (1) obtaining the new project description; (2) determining the project traffic generation; (3) distributing the project traffic generation to the street system; (4) determining the project's impacts; (5) mitigating the impacts; (6) preparing a written report that includes responding to comments from the previous report. Discussions with the project applicant and/or the City of Newport Beach have been attended on April 22/25/26/27, 2011. TIME SCHEDULE It is estimated that the draft revised traffic/parking analysis will take approximately 5 working days to complete from the date of authorization, and date of receipt of data essential for the study. COPIES OF REPORT Four copies (three bound and one PDF for the client's use) of the draft and final traffic/parking analysis will be prepared and submitted to the client. COMPENSATION The maximum fee for the revised traffic/parking analysis is as follows: Traffic Study Revisions: $1,900 Parking Study Revisions: $1,200 Total: $3,100 1111 TOWN & COUNTRY ROAD, SUITE It ORANGE, CA 92868 PHONE: (714) 973-8383 ■ FAX: (714) 973-8821 W W W.TRAFFIC-ENGINEER.COM Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH April 28, 2011 The fee will be based on hours worked and is a maximum not to be exceeded without prior approval from you or your authorized representative. The Kunzman Associates, Inc. standard compensation schedule is attached. This letter can serve as a memorandum of agreement and our authorization to proceed. Please sign one copy and return it to us for our files. We are looking forward to serving you on this project. Respectfully submitted, KUNZMAN ASSOCIATES, INC. Q� 'U A Carl Ballard Principal Associate #4839b CONTRACT APPROVAL Approved by: Title: Firm: Date: W W W.TRAFF IC -ENG I NEER.COM 2 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MD/YY) 27 /27/2011MID11 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Pasadena, CA 91101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 626 844-3070 INSURED INSURERA=Trayelers_Indemnity CO_.- Of..-COnnecticut Kunzman Associates, Inc. INSURERB Trayelers_Pro�erty Casualty Co of Ameri.__ 1111 Town & Country Rd, Suite 34 - - - — INSURER c: American_. Automobile o._. C�----- Orange, CA 92868 _Ins - -- - ----- 714-973-8383 INSURERD:Houston Casualty- Company—_._____.___ INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO.ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER LIMITS A GENERAL LIABILITY 16806135N491 5/19/2011 15/19/2012 EACH OCCURRENCE $j 000_0 0 X COMMERCIAL GENERAL LIABILITY - _ FIRE DAMAGE (Any one fire) $ j 000, Q 00_ CL—P AIMS MADE iX I OCCUR !. '_ MED EXP (Any one person) _ $1 0 , 000 $ j 000,000 PERSONAL & ADV INJURY $ on o GENERAL AGGREGATE $2 000,000 GEN'LAGGREGATE LIMIT APPLIES PER: . POLICY X PRO —I LOC JECT _PRODUCTS-COMP/OPAGG B AUTOMOBILE LIABILITY ANY AUTO ;BA614 2NO64 I 5/19/2011 5/19/2012 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) - $ X No Owned Autos � - GARAGE LIABILITY ONLY - EA ACCIDENT $ _AUTO OTHER THAN EA ACC $ ANY AUTO I $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Waiver Of SUbrO WZP80993637 5/1/2011 5/1/2012 X 1 ORl'LMTs If 19TH - , E.L. EACH ACCIDENT $1, 000 000 E.L. DISEASE - EA EMPLOYEE $1 0 0 0 0 0 0 applies E.L. DISEASE - POLICY LIMIT 1 $ j o Q 0 o o TTHfE.R ssional Liability H71112882 5/19/2011 5/19/2012 $2,000,000 per claim $2,000,000 Annual Aggr DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS E: Traffic Study at 4221 Dolphin Striker Way, Newport Beach, CA. The City of Newport Beach, its officers, agents, employees and volunteers are named as additional insureds as respects general & hired/non-owned auto liability for claims arising from the operations of the named insured as required per contract or agreement. NOTE: Primary & on -contributory wording and waivers of subrogation apply per policy endorsement forms attached. AM BEST'S Rating on 11 policies above: A/XII or greater. CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: CANCELLATIONin nAj Nnt-irr fnr Nnn-PaNrtnnt of Pram City of Newport Beach Attn: Shauna Oyler, Public Works Specialist 3300 Newport Blvd. Newport Beach, CA CA 92658 ACORD 25-S (7/97) OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED FORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER LL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER MED TO THE LEFT. AUTHORIZED REPRESENTA ORD CORPORATION 1988 POLICY NUMBER: 6806135N491 COMMERICAL GENERAL LIABILITY ISSUE DATE: 5/27/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Newport Beach Attn: Shauna Oyler, Public Works Specialist 3300 Newport Blvd. Newport Beach, CA CA 92658 PROJECT/LOCATION OF COVERED OPERATIONS: The City of Newport Beach, its officers, agents, employees and volunteers -- RE: Traffic Study at 4221 Dolphin Striker Way. Newport Beach PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: In the performance of your ongoing oper- ations; In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products -completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown h the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 Page I © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission POLICY #-. BA6142N064 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 5/27/2011 Countersigned By: Named Insured: Kunzman Associates, Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): The city of Newport Beach, its officers, agents, employees and volunteers -- RE: Traffic Study at 4221 Dolphin Striker Way. Newport Beach (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured:Kunzman Associates, Inc. Producer: Dealey, Renton & Associates Schedule Person or Organization City of Newport Beach Attn: Shauna Oyler, Public Works Specialist 3300 Newport Blvd. Newport Beach, CA CA 92658 Additional Premium % We have the right to recover our payments from any- one liable for an injury- covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Authorized Representative WC040306 Policy Number WZP80993637 Effective Date 5/27/2011 Job Description The City of Newport Beach, its officers, agents, employees and volunteers -- RE: Traffic Study at 4221 Dolphin Striker Way. Newport Beach You must maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6,3/2011 Dept./Contact Received From: Shauna Oyler Date Completed: 6/3/2011 Sent to: Shauna Oyler By: Joel Company/Person required to have certificate: Kunzman Associates, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Co of CT B. AM BEST RATING (A-: VII or greater): A+, XV C. ADMITTED Company (Must be California Admitted): Is Company admitted, in California? Yes OX No D. LIMITS (Must be $1 M or greater): What is limit provided? $1.000.000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) YesI A No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes FX No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be -included-): Is it included? Yes 0 No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes No XX NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Traverls Property Casualty Co of America B. AM BEST RATING (A-: VII or greater) A+, XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes F_X] No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1.000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will snail III. WORKERS' COMPENSATION A. INSURANCE COMPANY: American Automobile Ins. Co. B. AM BEST RATING (A-: VII or greater): A-'-. XV C. LIMITS: Statutory _ X� D. WAIVER OF SUBROGATION (To include): Is it included? Yes OX No 0 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: .lune 7. 201 1 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach Yes aX No 0 Requires approval/exception/waiver by Risk Management B&B initials Comments: Approved: Risk Management Date * Subject to the terms of the contract. AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH KUNZMAN ASSOCIATES, INC. FOR TRAFFIC STUDY AT 4221 DOLPHIN STRIKER WAY THIS AMENDMENT NO. TWO TO PROF --S TONALZNZAI.., S AGREEMENT ("Amendment No. Two"), is entered into as of this (� day 2011, by and between the CITY OF NEWPORT BEAC , a California Munici al Corporation ("City"), and KUNZMAN ASSOCIATES, INC., a California Corporation whose address is 1111 Town & Country Road, Suite 34, Orange, California 92868 ("Consultant"), and is made with reference to the following: RECITALS: A. On February 14, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement") to prepare a Traffic Phasing Specialty Ordinance (TPO) and parking study for 4221 Dolphin Striker Way ("Project"). Ridgeway/Whitney Partnership will reimburse the City for the costs associated with the TPO and parking study services for the Project. B. On March 29, 2011, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and to increase the total compensation ("Amendment No. Two"). C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement or prior Amendment, and to increase the total compensation. D. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated March 28, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Twenty -Three Thousand, One Hundred Seventy Dollars and no/100 ($23,170.00) without prior written authorization from City ("Total Amended Compensation"). 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Four Thousand, Three Hundred Seventy Dollars and no/100 ($4,370.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and prior amendment shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Two on the dates written below. APPROVED AS TO FORM- OFFICER ORM:OFFICE F T ffY ATTORNEY Date: By: Leonie Mulvihill Assistant City Attorney ATTE,T- /,,/' Date: B �j LE C CITY OF NEWPORT REACH, A Califor' mu icipal corporation Date: J/l M4( (Stephen . ta-dum ubli orks Director CONSULTANT: KUNZMAN ASSOCIATES, INC., a California Corporation Date: SIIdf f( By: Ow Carl Ballard Chief Executive Officer and Chief Financial Officer Date:- [10 �fl Attachment: Exhibit A - Additional Services to be Performed EXHIBIT A KUNZMAN ASSOCIATE'S, INC. Ovt-.R 30 YLARS CSF ExcrLLr-\T SERVICE March 28, 2011 Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663-3884 Dear Mr. Keely: INTRODUCTION The firm of Kunzman Associates, Inc. is pleased to submit this proposed agreement to provide professional engineering services for a revised traffic/parking analysis for the 4221 Dolphin Striker redevelopment project in the City of Newport Beach. SCOPE OF WORK The revised traffic/parking analysis will consist of (1) obtaining the new project description; (2) determining the project traffic generation; (3) distributing the project traffic generation to the street system; (4) determining the project's impacts; (5) mitigating the impacts; (6) preparing a written report that includes responding to comments from the previous report. TIME SCHEDULE It is estimated that the draft revised traffic/parking analysis will take approximately 10 working days to complete from the date of authorization, and date of receipt of data essential for the study. COPIES OF REPORT Four copies (three bound and one PDF for the client's use) of the draft and final traffic/parking analysis will be prepared and submitted to the client. COMPENSATION The maximum fee for the revised traffic/parking analysis is as follows: Traffic Study Revisions: $3,070 Parking Study Revisions: $1,300 Total: $4,370 1111 TOWN & COUNTRY ROAD, SUITE 34, ORANGE, CA 92868 PHONE: (714) 973-8383 ■ FAX: (714) 973-8821 W\4/W.TRn FF I C -E NGI\IEER.COM Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH March 28, 2011 The fee will be based on hours worked and is a maximum not to be exceeded without prior approval from you or your authorized representative. The Kunzman Associates, Inc. standard compensation schedule is attached. This letter can serve as a memorandum of agreement and our authorization to proceed. Please sign one copy and return it to us for our files. We are looking forward to serving you on this project. Respectfully submitted, KUNZMAN ASSOCIATES, INC. Q� 'U A Carl Ballard Principal Associate #4839a2 CONTRACT APPROVAL Approved by: Title: Firm: Date: W V\N,TRAFF IC -ENG I NE E R.COKA 2 KLINZMAN A.SSoCIATES, INC. OVER 30 YEARS QF EXCELLENT SERVICE STANDARD COMPENSATION SCHEDULE (Effective January, 2004) CLASSIFICATION HOURLY RATE Principal $150.00 Principal Associate $125.00 Senior Associate $125.00 Associate $100.00 Junior Associate $ 75.00 Technician $ 40.00 Secretary $ 40.00 GENERAL PROVISIONS OF AGREEMENT 1. Travel, reproduction, and supply costs are billed at cost. 2. Hourly rates apply to work time as well as travel time and waiting time, which occur at meetings, public hearings, depositions, or court testimony. 3. Statements will be submitted monthly for work in progress or upon completion of work. Statements are payable within 30 days of the statement date. Any invoice unpaid after 30 days shall be subject to a service charge of the maximum interest rate allowed by law or two percent per month, whichever is less. 4. The consultant makes no warranty as to his findings except that the work is performed using generally accepted methods. 5. The consultant will format the report according to client instructions at the beginning of the project, or in the absence of such instructions, in a format chosen by the consultant and consistent with accepted professional transportation engineering studies. 6. The consultant will produce an objective, professional report, and may not arrive at the findings desired by the client. 7. If any term, condition, or provision of this Agreement is declared void, unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all of the provisions shall remain fully enforceable. 1111 TOWN 8r COUNTR), ROAD, SLI ITE 34, ORANGE, CA 92868 PHONE: (714) 973-8383 ■ FAx: (714) 973-8821 WWW.I'RAFFIC-EN -GIS IEER.COM AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH KUNZMAN ASSOCIATES, INC. FOR �,. TRAFFIC STUDY AT 4221 DOLPHIN STRIKER WAY THIS AMENDMENT NO. ONE TO PROFESSI L SERV SJ?EEMENT ("Amendment No. One"), is entered into as of this day of 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and KUNZMAN ASSOCIATES, INC., a California Corporation whose address is 1111 Town & Country Road, Suite 34, Orange, CA 92868, California 92868 ("Consultant"), and is made with reference to the following: RECITALS: A. On February 14, 2011, City and Consultant entered into a Professional Services Agreement ("Agreement") to prepare a Traffic Phasing Specialty Ordinance (TPO) and parking study for 4221 Dolphin Striker Way ("Project"). RidgewayMhitney Partnership will reimburse the City for the costs associated with the TPO and parking study services for the ("Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, shall be supplemented to include the Scope of Services dated February 15, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference, The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eighteen Thousand, Eight Hundred Dollars and no/100 ($18,800.00) without prior written authorization from City ("Total Amended Compensation"). 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Nine Hundred Dollars and no/100 ($900.00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates written below. APPROVED AS TO FORM: OFFICE "F HE CITY ATTORNEY Date: By: �_ / 1 v v Leonie Mulvihill Assistant City Attorney ATTEST Date - CITY CITY OF NEWPORT BEACH, A Californiio-rr�-,�nicipal corporation Date: CQKSULTANT:KUNZMAN ASSOCIATES, INC., a California Corporation Date: 3 /4-111 �B . By: wl- B wn Carl Ballard City Clerk �A Chief Executive Officer and Chief Financial Officer s ��FO FrA Attachment: Exhi it A — Additional Services to be Performed EXHIBIT A KLINZMAN ASSOCIATES, INC... February 15, 2011 Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663-3884 Dear Mr. Keely: The firm of Kunzman Associates, Inc. is pleased to submit this proposed agreement addendum for the 4221 Dolphin Striker redevelopment project in the City of Newport Beach. The Existing (2011) Plus Project scenario will also be evaluated. The maximum fee is $900 for the additional scenario. This letter can serve as a memorandum of agreement and our authorization to proceed. Please sign one copy and return it to us for our files. We are looking forward to serving you on this project. Respectfully submitted, KUNZMAN ASSOCIATES, INC. Q� '0 A Carl Ballard Principal Associate #4839 CONTRACT APPROVAL Approved by: Title: Firm: Date: illi TOWN & COUNTRY ROAD, SUITE 34, ORANGE, CA 92868 PHONE: (714) 973-8383 ■ FAX: (714) 973-8821 WW W.TRAFFIC-ENGINEMCOM PROFESSIONAL SERVICES AGREEMENT WITH KUNZMAN ASSOCIATES, INC. FOR FOR TRAFFIC STUDY AT 4221 DOLPHIN STRIKER WAY THIS AGREEMENT FOR PROFESSJONAL SERVICES ("Agreement") is made _+'� and entered into as of this 4day of _ FROag , 2011, by and between the CITY OF NEWPORT BEACH, a California Mu i ipal Corporation ("City"), and KUNZMAN ASSOCIATES, INC., a California corporation ("Consultant"), whose address is 1111 Town & Country Road, Suite 34, Orange, CA 92868 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Ridgeway/Whitney Partnership is planning to convert an existing 8,000 sq. ft. building into a 16,000 sq. ft. development for fast food and special retail use. C. City desires to engage Consultant to prepare a Traffic Phasing Specialty Ordinance (TPO) and parking study for 4221 Dolphin Striker Way ("Project"). Ridegway/Whitney Partnership will reimburse the City for the costs associated with the TPO and parking study. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Carl Ballard. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on December 31, 2011 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Work" or "Services"). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Seventeen Thousand, Nine Hundred Dollars and no/100 ($17,900.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: [Kunzman Associates, Inc.] Page 2 A. The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Carl Ballard to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Socheata Chhouk or her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: [Kunzman Associates, Inc.] Page 3 A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. B. Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever [Kunzman Associates, Inc.] Page 4 (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. [Kunzman Associates, Inc.] Page 5 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. [Kunzman Associates, Inc.] Page 6 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification [Kunzman Associates, Inc.] Page 7 only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty- five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its [Kunzman Associates, Inc.] Page 8 officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an [Kunzman Associates, Inc.] Page 9 immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Socheata Chhouk Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3346 Fax: 949-644-3318 [Kunzman Associates, Inc.] Page 10 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Carl Ballard Kunzman Associates, Inc. 1111 Town & Country Road, Suite 34 Orange, CA 92868 Phone: 714-973-8383 Fax: 714-973-8821 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared 'by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. [Kunzman Associates, Inc.] Page 11 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. [Kunzman Associates, Inc.] Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS OFFICE OF T ` Date: 1 /X TO FORM: CITY ATTORNEY By: 1 Leonie M I Assistant City AttorneyNO ATTEST: Date: q'• V B Y Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: `&I 111-1'aN By: N— I I -�&M ) Dave i City Manager CONS ULTANT:KUNZMAN ASSOCIATES, INC., a California Corporation Date: I /o//1 T By: Cil Bal hard Chief Executive Officer Date: 1L2�J/I By: 0) � W� Carl Balla d Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates [Kunzman Associates, Inc.] Page 13 EXHIBIT A KL1NZMAN AssocIATEs, INC. 0VFR 30 WARS pr- Excrt-u.NT StRVIC - January 4, 2011 Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663-3884 Dear Mr. Keely: INTRODUCTION The firm of Kunzman Associates, Inc. is pleased to submit this proposed agreement to provide professional engineering services for a traffic/parking analysis for the 4221 Dolphin Striker redevelopment project in the City of Newport Beach. The proposed project consists of a 16,000 square foot development, including approximately 8,000 square feet of fast food restaurant use and 8,000 square feet of specialty retail. The existing site is currently vacant, but was a quality restaurant. The existing building is approximately 8,000 square feet. This proposal outlines a scope of work based on the information provided by you and our understanding of the requirements of this traffic/parking analysis. The proposed project would require a Traffic Phasing Ordinance (TPO) traffic analysis to determine the impact of the subject project on the City of Newport Beach traffic circulation system. In addition to a standard TPO study, the traffic study is required to include a cumulative traffic analysis consistent with the California Environmental Quality Act (CEQA), examine project access and on-site circulation. The cumulative traffic analysis includes reasonably foreseeable projects, which have not yet been approved. The scenarios to be evaluated are: ■ Existing Conditions (Standard TPO); ■ Existing Plus Approved Projects Conditions (Standard TPO); ■ Existing Plus Approved Projects Plus Project Conditions (Standard TPO); ■ Existing Plus Approved Projects Plus Cumulative Projects Conditions (Cumulative Traffic Analysis); and ■ Existing Plus Approved Projects Plus Cumulative Projects Plus Project Conditions (Cumulative Traffic Analysis). The TPO traffic analysis will identify the trip generation credit and net change and the CEQA traffic analysis will have no credit for the proposed project. 1111 TOWN 8L COUNTRY ROAD, SUITE 34, ORANGE, CA 92868 PHONE (714) 973-8383 ■ FAx: (714) 973-8821 W W W.TR AFF I C -ENG I NEE R.COM Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH January 4, 2011 SCOPE OF WORK The traffic/parking analysis will consist of preparing an objective report suitable for submission to the reviewing agency. The report will be prepared in accordance with accepted professional transportation engineering standards. The final illustrated report will summarize the traffic/parking analysis findings, methodology, and supportive data. It will quantify existing traffic conditions, traffic conditions upon project completion, and recommend mitigation measures. Specifically, the traffic analysis will consist of (1) conducting a field survey; (2) documenting existing traffic conditions; (3) determining project traffic generation based upon the Institute of Transportation Engineers, Trip Generation_8th Edition, 2008; (4) distributing the project traffic generation to the street system; (5) determining the project's traffic impacts; (6) examining internal circulation including emergency vehicle access; (7) mitigating the impacts; (8) including a discussion of the Congestion Management Program; and (9) preparing a written report. Feasible mitigation measures (including concept plans, engineering cost estimates, and project fair share per TPO) will be recommended for all significantly impacted study area intersections. The traffic analysis will include calculation of project contribution at the following fifteen (15) study area intersections during the morning and evening peak hours on a typical weekday: Bristol Street South/Irvine Avenue Bristol Street North/Campus Drive Bristol Street South/Birch Street Bristol Street North/Birth Street Bristol Street South/Bayview Place Bristol Street South/Jamboree Road Bristol Street North/Jamboree Road MacArthur Boulevard/Campus Drive MacArthur Boulevard/Birch Street MacArthur Boulevard/Von Karman Avenue MacArthur Boulevard/Jamboree Road Von Karman Avenue/Campus Drive Von Karman Avenue/Birch Street Jamboree Road/Campus Drive Jamboree Road/Birch Street The City of Newport Beach will provide morning and evening peak hour counts for all intersections. Specifically, the parking analysis will consist of (1) conducting a field survey; (2) documenting the existing number of on-site parking spaces provided; (3) conducting a parking survey on a weekday for a total of 18 hours; (4) conducting a parking survey on a weekend for a total of 18 hours; and (5) preparing a written report. The study will include a shared parking analysis utilizing procedures recommended by the Urban Land Institute (ULI). The idea of a shared parking analysis is that if the various land uses have peak parking demands at different points in time, or on different days of the week, then the number of parking spaces required is not the sum of the parking requirements for each land use, but rather less. If W W W.TRAFFIC-ENGI NEER.COM Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH January 4, 2011 the peak demands for the various land uses are non -coincidental, then there is an opportunity for sharing of parking. To determine the degree to which shared parking can occur, the cumulative hourly parking demand of the land uses is calculated at all points in time throughout the day for both weekdays and weekends. An option task will include a separate parking analysis based upon an alternative land use scenario. RESPONSES TO COMMENTS Review one set of governmental agency comments, whether verbal or written, and revise the draft traffic/parking analysis (if necessary). Prepare responses to public comments received during the public review period associated with the CEQA document. MEETING ATTENDANCE The proposed fee includes attendance at one (1) kick off meeting and up to two public hearings, which may be required to secure approval of the project. If additional meetings are required and requested, attendance at follow-up meetings or hearings will be billed on a time -and -materials basis. COPIES OF REPORT Four copies (three bound and one PDF for the client's use) of the draft and final traffic/parking analysis will be prepared and submitted to the client. TIME SCHEDULE It is estimated that the draft traffic/parking analysis will take approximately 20 working days to complete from the date of authorization, and date of receipt of data essential for the study. The final traffic/parking analysis will take approximately 10 working days to complete. 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. The 20 working days does not include revising the draft traffic/parking analysis. QUALIFICATIONS Kunzman Associates, Inc. is located in the City of Orange and specializes in transportation planning for governmental agencies and the business community. 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 for determining imaginative, practical, and meaningful solutions to transportation problems. The firm was established in 1976 by William Kunzman, P.E., and since then the firm has completed over 4,000 transportation studies for over 800 different clients. WWW.TRAFF IC-ENGI NEER.COAA 3 Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH January 4, 2011 William Kunzman, P.E. will be the Kunzman Associates, Inc. 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 employment by the Federal Highway Administration, the Counties of Los Angeles and Riverside, and the City of Irvine. His education includes completing undergraduate studies in engineering at University of California at Los Angeles (1967) and graduate studies in traffic engineering at Yale University (1968). His resume is included in Appendix A. Carl Ballard will be the Kunzman Associates, Inc. primary person who will prepare the traffic/parking analysis. Since 1982, his Southern California work experience includes site access evaluation, intersection capacity analysis, traffic forecasting, circulation planning, traffic impact studies, and transportation demand management plans. His education includes completing undergraduate studies in mathematics at California State University, Fullerton (1986) and certificates with the Institute of Transportation Engineers. His resume is included in Appendix A. EXPERIENCE DIRECTLY RELEVANT Kunzman Associates, Inc. has extensive experience in working with projects in the City of Newport Beach. Kunzman Associates, Inc. personnel have conducted numerous traffic/parking analyses within the study area over the past 30 years. CERTIFICATIONS Kunzman Associates, Inc. has the following certifications: N CBE — Community Business Enterprise with the County of Los Angeles Office of Affirmative Action Compliance. ■ DBE — Disadvantaged Business Enterprise with the State of California as part of the California Unified Certification Program (CUCP). ■ MBE — Minority -Owned Business Enterprise with the Los Angeles County Metropolitan Transportation Authority (Metro). ■ RBE — Regional Business Enterprise with the Metropolitan Water District of Southern California. ■ SBE — Small Business Enterprise with the State of California, the Port of Long Beach, and San Diego County Water Authority. INSURANCE The fee includes Kunzman Associates, Inc. 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 Associates, Inc. shall be a reimbursable expense in addition to the total fee quoted. The Client agrees to limit the design professional's liability to the client and to all construction contractors and subcontractors on the project, due to the design professional's WWW.TRAFFIC-ENG 1 NEER.00M 4 Mr. David Keely, Senior Civil Engineer CITY OF NEWPORT BEACH January 4, 2011 negligent acts, errors, or omissions, such that the total aggregate liability of the design professional to all those named shall not exceed $1,000,000. In the event that a lawsuit is brought for the enforcement of any of the terms of this agreement, the prevailing party shall be entitled to attorney fees and costs. COMPENSATION The maximum fee is $17,900 for the traffic/parking analysis. An option task will include a separate parking analysis based upon an alternative land use scenario for $1,300 per alternative. The fee will be based on hours worked and is a maximum not to be exceeded without prior approval from you or your authorized representative. The Kunzman Associates, Inc. standard compensation schedule is included in Appendix B. This letter can serve as a memorandum of agreement and our authorization to proceed. Please sign one copy and return it to us for our files. We are looking forward to serving you on this project. Respectfully submitted, KUNZMAN ASSOCIATES, INC. Q,/( JC., A Carl Ballard Principal Associate #4839 CONTRACT APPROVAL Approved by: Title: Firm: Date: W WW.TRAFFIC-ENGINEER.COM 5 EXHIBIT -B KUNZMAN ASSOCIATES, I NC, L)\ ER 30 WARS ci Ex(- i-[ l ENT SERVh E STANDARD COMPENSATION SCHEDULE (Effective January, 2004) CLASSIFICATION HOURLY RATE Principal $150.00 Principal Associate $125.00 Senior Associate $125.00 Associate $100.00 Junior Associate $ 75.00 Technician $ 40.00 Secretary $ 40.00 GENERAL PROVISIONS OF AGREEMENT 1. Travel, reproduction, and supply costs are billed at cost. 2. Hourly rates apply to work time as well as travel time and waiting time, which occur at meetings, public hearings, depositions, or court testimony. 3. Statements will be submitted monthly for work in progress or upon completion of work. Statements are payable within 30 days of the statement date. Any invoice unpaid after 30 days shall be subject to a service charge of the maximum interest rate allowed by law or two percent per month, whichever is less. 4. Client hereby agrees that the balance in a billing statement is correct and binding unless the client notifies the consultant in writing within fifteen days of the date of billing and informs consultant of the alleged incorrect item. S. All documents produced as a result of this agreement may be used by the consultant without consent from the client. 6. The consultant makes no warranty as to his findings except that the work is performed using generally accepted methods. 7. The consultant will format the report according to client instructions at the beginning of the project, or in the absence of such instructions, in a format chosen by the consultant and consistent with accepted professional transportation engineering studies. 8. The consultant will produce an objective, professional report, and may not arrive at the findings desired by the client. 9. The client agrees to limit the consultant's liability to the client, because of professional negligent acts, 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 the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof. 11. Where Kunzman Associates, Inc. initiates arbitration proceedings relating to this contract, any resultant fees to process arbitration, such as filing fees and attorney fees, all shall be borne by the 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 affect any other provisions hereof and all of the provisions shall remain fully enforceable. 1111 TOWN 8c COUNTRY R SUITE 34, ORANGE, CR 92868 PHONE: (714) 973-8383 ■ FAX: (714) 973-8821 W W W.TRAFF IC -ENG INEER.COM ACOROT. CERTIFICATE OF LIABILITY INSURANCE M/D 1 2828/ / 201111 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, POLICY EXPIRATION DATE (MMIDDIYYI 626 844-3070 INSURERS AFFORDING COVERAGE INSURED INSURERA:Travelers Co. of Connecticut Kurtzman Associates, Inc. 1111 Town & Country Road, Suite 34 Orange CA 92868 _Indemnity INSURER B: Travelers Property CasualtV Cc of Ameri INSURER c:American Automobile Ins. Co. INSURER D: Houston Casualty_ Company INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYYI LIMITS A GENERAL LIABILITY 6806135N491 5/19/2010 5/19/2011 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $1 000, 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx7 OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1 000, 000 GENERAL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000, 000 PRO LOC POLICY }{ jEcT B AUTOMOBILE LIABILITY ANY AUTO BA6142NO64 5/19/2010 5/19/2011 COMBINED SINGLE LIMIT $1, 000, 000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) . X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGELIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR F-1 CLAIMS MADE AGGREGATE $ $ 71 DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZ28082090 5/1/2010 5/1/2011 TH- X WCSTATU- OER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $1000000 E.L. DISEASE -POLICY LIMIT $1000000 D OTHER Professional Liability H71018417 5/19/2010 i 5/19/2011 $2,000,000 per claim $2,000,000 annual aggr DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLU SION S ADDED BY ENDORSEMENT/SPECIAL PROVISIONS E: City of Newport Beach -- Traffic Study at 4221 Dolphin Striker Way. The City of Newport Beach, its officers, gents, employees and volunteers are named as additional insureds as respects General & Auto Liability for claims rising from the operations of the named insured as required per contract or agreement. Primary and Non -Contributing coverage and Waivers of Subrogation apply as required by written contract per policy endorsment forms attached. Waiver f Subrogation for Work Comp is included as required by written contract. AM BEST'S RATING ON ALL ABOVE POLICIES: /XII or greater. CERT11-IGATEHULDER I I ADDITIONAL INSURED: INSURER LETTER: GANGELLA11UN10 Dav Notice for Non-Pavmnt of Prem City of Newport Beach Attn: Shauna Oyler, Public Works Specialist 3300 Newport Blvd. Newport Beach, CA CA 92658 ACORD 25_R 17/971 ,D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED .E THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER TO THE LEFT. AUTHORIZED REPRESENTA CORPORATION 1988 POLICY NUMBER: 6806135N491 COMMERICAL GENERAL LIABILITY ISSUE DATE: 1/28/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Newport Beach Attn: Shauna Oyler, Public Works Specialist 3300 Newport Blvd. Newport Beach, CA CA 92658 PROJECT/LOCATION OF COVERED OPERATIONS: RE: City of Newport Beach -- Traffic Study at 4221 Dolphin Striker Way PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: In the performance of your ongoing oper- ations; In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products -completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown h the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 Page I © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8, Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the ,.contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission POLICY #: BA6142N064 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 1/28/2011 Countersigned By: Named Insured: Kunzman Associates, Inc. J Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): RE: city of Newport Beach -- Traffic Study at 4221 Dolphin Striker Way (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the police. Insured:Kunzman Associates, Inc. Producer: Dealey, Renton & Associates Schedule Person or Organization City of Newport Beach Attn: Shauna Oyler, Public Works Specialist 3300 Newport Blvd. Newport Beach, CA CA 92658 Additional Premium % We have the right to recover our payments from any- one liable for an injury- covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) 40AI—C Authorized Representative WC040306 Policy Number WZP8082090 Effective Date 1/28/2011 Job Description RE: City of Newport Beach -- Traffic Study at 4221 Dolphin Striker Way You mist maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 2-01-2011 Dept./Contact Received From: Shauna Oyler Date Completed: 2-01-2011 Sent to: Shauna Oyler By: Joel Griffin Company/Person required to have certificate: Kunzman Associates, Inc. I. GENERAL LIABILITY A. B. C. D. E. F. G. H. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut AM BEST RATING (A-: VII or greater): A+: XV ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1 M Occurrence/$2M LIMITS (Must be $1 M or greater): What is limit provided? Aggregate PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Insurer will mail 30 days written notice. ❑ No ❑ No ❑ No ® No II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Co. of America B. AM BEST RATING (A- : VII or greater) A+: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 CSL E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Insurer will mail 30 days written notice. WORKERS' COMPENSATION A. INSURANCE COMPANY: American Automobile Ins. Co. B. AM BEST RATING (A-: VII or greater): A: XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include) HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Is it included? ® Yes ❑ No February 1, 2011 Date ❑ Requires approval/exception/waiver by Risk Management B&B initials Comments: Approved: Risk Management Date ® Yes ❑ No