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HomeMy WebLinkAboutKORVE ENGINEERING, INC. 1AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M -30). Call 647 -5238 if you have any questions. ----------------------------------------------------------------- The agreement with >✓ , No. /1/ — VVV3— was completed on , and final payment has been made. Department: 1. A' Signature: Date: City of Santa Ana Revised 8 -7 -03 Clerk of the Council C&ICU,y VV Mitre - Ramirez, Norma From: Suter, Monica Sent: Tuesday, September 08, 2009 10:55 AM To: Mercer, Margaret Cc: Mitre - Ramirez, Norma Subject: RE: Term slip Hi Margaret and Norma— Yes, that is my project and indeed it is completed! Ok to terminate it! Thx -- Monica From: Mercer, Margaret Sent: Tuesday, September 08, 2009 10:38 AM To: Suter, Monica Cc: Mitre-Ramirez, Norma Subject: FW: Term slip Monica, Would this happen to be your agreement ? ?? If so, please respond to Norma. Thanks, Margaret Mercer Senior Management Analyst Public Works Agency - Admin. Svcs. City of Santa Ana (714) 647 -5050 From: Mitre - Ramirez, Norma Sent: Wednesday, August 26, 2009 4:17 PM To: Mercer, Margaret Subject: Term slip Hello Margaret, Please confirm that the amend ment,IN- 2003 - 152- 01 is also terminated. You may respond to this email. Thank you much. KORVE N -2003- 2004 -12 2009 9/1/04 TRAFFIC ENGINEERING CONS( ENGINEERING 152 PROVIDE GRADE CROSSING M INC. _ STUDY NTE $9,790 N -03- 152 -01 KORVE N -2003 I I 2004 -12 F 2008 9/1/04 ST AMEND EXTEND TERM BY 162 -ot 1 t,I 3--15z INSURANCE N j UN 111E WORK MAY NOT PROCEED CLERK OF COUNC� DATE, CONSULTANT AGREEMENT IV THIS AGREEMENT made and entered into this 1st day of December, 2003 by and between Korve Engineering, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic engineering, to provide a Grade Crossing Mobility Study. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $9,790.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2004, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled, reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and a all o s for the defense of the City, including fees and costs for special iFdD counsel to be`& the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, the Consultant understands and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers also understand that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: and, Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5616 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Korve Engineering, Inc. 725 S. Figueroa Street, Suite 2350 Los Angeles, California 90017 Telefacsimile (213) 486 -6533 Attn: Juan M. Diaz, P.E., Vice President A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // // // // // // IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By r ..r r c3 ')1q-20Y' -1 La&a 'Sheedy — Assistant City Attorney RECOMMENDED FOR APPROVAL: Pr ITAMES G. ROSS UExecutive Director of the Public Works Agency CITY OF SANTA ANA r-- AVID . REAM City Manager CONSULTANT AN M. DIAZ, P. . Vice President Tax ID # 'qq" --,xv 4, 4'— 35Z 9 Korve 1 Engineering October 30, 2003 Ms. Monica Suter City of Santa Ana 20 Civic Center Plaza M-43 Santa Ana, CA 92702 Subject: Proposal to Provide Professional Traffic Engineering Services for the Grade Crossing Mobility Study covering Lyon Street, McFadden Street and Ritchey Street Dear Ms. Suter: Korve Engineering. Inc. (KORVE) is pleased to submit this proposal to provide traffic engineering services for the Grade Crossing Mobility Study covering Lyon Street, McFadden Street and Ritchey Street rn the City of Santa Ana. Our proposal has been prepared in accordance with your requimments outlined during our meeting on Tuesday, October 7, 2003 and outlines our proposed scope of work, schedule and budgrt. Work Plan We have prepared a detailed .cork plan consisting of our comprehensive approach and detailed scope of services. Scope of SetviCBs KORVE will perform the Scope of Services to en-.sure clarity and consistency with our understanding of the City of Santa Ana odjec5ves. The following are the specific tasks proposed for the project Task 1 — Project AdministrationtMeetincs fCoorcilnation KORVE will attend two meetings with the City of Santa Ana through the course of this project. The first meeting is a coordination meeving with the City, the railroad a no other parties that the City has invited A second meanng will be conducted with the City to review the City comments an the Draft Technical Memorandum and coordinate the Final Technical Memorandum. At the request of the City, perodic separate meetings can be conducted with City staff and other affected agencies, if required, io review progress of the work, obtain additional input, and coordinate the preparation, of the Grade Crossing Mobility Study as the work progresses. The costs for any rne::t;ncs beyond the two described above are not included in this proposal Task 2 -- Research and Data Collection KORVE will assemble, catalog and revsevr all eA36ng ava]able infomtation on the project area including `as- built" plans, maps, studies. c^nceptual plans and traffic data in order to A Ca ti. r su crtp_- a on 725 S. ' JV` 'u S::v,.l 4J :Si'S Los An;; Ies CA Sr��17 EXH'f3 ff A m Korve i Engineering Ms, Monica Suter October 30, 2003 Pagc 2 beoome rarniliar with the project. KORVE will ascertain the completeness and accuracy of available information based en a field review. KORVE will obtain traffic signal plans. signing and striping plans and traffic signal timing sheets from the City of Santa Ana for the fo lowing wo i rite rsections: • McFadden Street at Lyon Street • Lyon Street at Ritchey Street KORVE will obtain existing AN', and PP.1 peak hour turning movement counts from the City or Santa Ana for the following two Intersections: • McFadden Street at Lynn Street • Lyon Street at Ritchey Street Additional AM and PM peak hour turning movement counts will not be conducted by KORVE for this project. KORVE will also Obtain ACT counts from. ttse City of Sunta Ana. ADT will be reviewr_d for the following three locations + Lynn Street, north of McFadden Strut McFadden Street, east of Lyon Street Ritchey Street, south of McFadden Street Additional 24 -hour ADT counts will not be conducted by KORVE for this project. Task 3 - Grade Grossing Mobility Analysis Upon completion of data collection efforiE. KORVE will conduct a grade crossing mobility analysis at three study locations for the proposed expansion project. The three locations are: • Lyon Street Grade Crossing (DOT No. 025742T) • McFadden Street Grade Crossing (DOT No. 025743A) Ritchey Street Grade Crossing (DOT No. 026744G) The mobility analysis will include a queuing analysis and a LOS analysis using Synchro Highway Capacity Manual (HCfat) Operation Method for AM and P%1 peak hour using the existing traffic conditions. Future traffic condition scenarios are not included jn the scope of this study. The existing signal timing as related -.o 'he hate signals and railroad crossings will also he evaluated. and based on the results, recommendations will be made to address queuing issues. The above lrarfic scenarics will be conducted fcr three possible 21temative operational S cenarios Korve I Engineering Ms. Monica Suter October 30, 2003 Page 3 • Grade crossings with pre - emotion to an adjacent traffic signal, • Grade crossings with pre - signal (queue cutter signal), without railroad pre - emption. • Grade crossings with pre - signal (queue cutter signal), with railroad pre- emption, Task 4 - Cost Estimates for Improvements Studied KORVE will determine a rough order of rnagnitudN cost estimate for each of the three scenarios. including estimates for work conducted on railroad property. The costs will be based on readily available data, including the OCTA Grade Crossing Study. The cost of the three scenarios will I hen b e compared to the relative love] of benefit of e ach. This cost estimate will improve o n t he p tanning level c ust c st irri p rovided i n the O CTA G Fade Crossing Study by evaluating costs specific to the three crossings. Task 5 • Identification of Grant Funding Sources KORVE will Identify potential funding sources for the necessary grade crossing Improvements. Such funding will include Federal, Slate arid local agency programs. KORVE will also identify dateNear when the grant applications are due for the next cycle that gets submitted. Task G - Draft Technical Memorandum KORVE will prepare the draft Technical MCrOrandUm upon completion of the grade crossing mobility analysis and cost estimate tasks. The report will discuss the purpose of the report, background, mobility findings, oust estimate, recommendations and funding sources. KORVE will submit three (3) ct)pies of the Draft Technicat Momorandum to the City of Santa Ana for review. Task 7 -Final Technical Memorandum After obtaining comments on the draft repon from the City or Santa Ana, KORVE will address final review comments and submit the ap^.roved Final Grade Crossing Mobility Study Technical Memorandum to the City of Santa Ana_ Three (3) copies of the Final Technical Memorandum will be submitted. Cost KORVE will perform the Scope of Services outlined above for the following amounts on a linie and materials basis. The budget is suntcr:arized beiow, with a detailed cost summary included as Table 1. VI KOrve Engineering Ms. MOniCa Suter October 30, 2003 Page 4 Task 1 - Project Administ ration (ivieetingsiCoordiriatiarn ..... ............ .... ........ I — —.... $ 1,310.00 Task 2 - research and Data Coilection _ _... ------ . _... _....... _ ... . ........ ........... ........... $ 210.00 Task 3 - Grade Crossing Mohility Analysis _. ....... _.. _._ ................ .. _.................. $ 2:135.00 Task 4 - -Cost Estimate for Improvements Studied ...... ... ... - ............................ $ 1,430.00 Task 5 - Identification of Grant Funding Sour.nes. ... ... _ ..... ........ ............... .... ..... $ 1,000.00 Task 6 - Draft Report ............ ........ .......................... .......... .- ...... .......... ........ ....... - $ 2.630.00 Task 7 - Final Report. ......... .......... ........................ ............................ ........ $ 1.190.00 Other Direct Costs $ 185.00 TOTAL $ 9,790.00 The above eslimale and enclosed cost summ=ary were developed wth the assumPUons outllned below. Assurrnptions: Two coordination meetings All available project data (traffic counts) will be provided by the City of Santa Ana. KORVE will obtain the plans described ir, Task 2 (torn the City of Santa Arta during the initial meeting with the City on November 6, 2Q03. Schedule Once given a Notice to Proceed. KORVE anticipates that the major project milestones will be completed as follows: Milestone Duration- Project Administration 10 weeks Research and Data Collection 2 v:eek Grade Crossing Mobility Analysis 4 weeks Cost Estimates 4 weeks Identification of Fundinq Sources 5 weeks Draft Technical Memo 6 weeks Agency Review 8 weeks Final Technical Memo 10 week Tunatinn frnm Notir.;, h -Proud (NTP) A proposed project schedule is provided as Figure 1. Project Team The KORVE Team will consist of the following key individuals: Juan M. Diaz, PE Prncipal -In- Charge and QA,QC Manager Joaquin Siqucs, TE Project tllanager Ali Banava Assccia'e Enomeer KQCve 1W Engineering Ms. Monica Suter October 30, 2003 Pagc 5 We are pleased to provide mesa services to the City of Santa Ana and look rorvard to your favorable reply. Should you have any questions. please Call me at (213) 486 -6578. Sincerely. KORVE ENGINEERING, INC. F Juan M Diaz. PE� Vice President Enrii ZZ ; \ \ \ \ \ \ j ) �; § , « , �� �aj. \ \ \), \ \ \( � \ \ \\� \ �,�, \ \) \ \ � \ \! \ ( t m \ ©\ \ \ \ \ \ \ \ z � / / 2 ZZ C Q @ C r. N D U d m m m a r u .6 N C U R m y � C a � T N @ o a " o g CL` ur c m � r. T � J rn o � O T 9 N L' Q O a c w 0 U 0 a R m C L y ac 0 V LLI EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative ACORD,M CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 01/U9/200a PRODUCER 877- 559 -6769 Willis North America, Inc. - Regional Cert Center 11201 M. Tatum Boulevard THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Suite 300 Phoenix, Az 85028 INSURED Korve Engineering INSURERA:St. Paul Fire and Marine Insurance Compan 24767 -100 INSURERB:American Home Assurance Company 19380 -000 155 Grand Avenue Suite 400 GENERAL LIABILITY Oakland, CA 94612 INSURERC: INSURER D: EACH OCCURRENCE INSURER E: FIRE DAMAGE (Any one fire) %Iwv n-VVV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MM D1YY1 POLICY EXPIRATION DATE MMIDD/YY LIMITS A GENERAL LIABILITY BKO1576088 9/11/2003 9/1/2004 EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE (Any one fire) $ 11000,000 X COMMERCIAL GENERAL LIABILITY MED EXP(Any one person) $ 10,000 CLAIMS MADE 1XI OCCUR PERSONAL 8ADV INJURY $ 2,000,000 GENERALAGGREGATE $ 41000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2, 00,000 POLICY PE OT LOC A AUTOMOBILE LIABILITY BKO1576088 9/11/2003 9/1/2004 COMBINED SINGLE LIMIT $ 2,000,000 ANY AUTO (Ea accident) ALLOWNEDAUTOS BODILYINJURY $ (Per person) SCHEDULED AUTOS HIREDAUTOS _ ' - -" " BODILY INJURY $ (Per accident) X NON -OWNEDAUTOS PROPERTY DAMAGE $ - �`'JiA : /� ;� (Per accident) GARAGE LIABILITY �- - j 'i AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND WC3281718 9/1/2003 9/1/2004 X TORYLAMITS OER E.L. EACH ACCIDENT $ 11000,000 EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYEE $ 1 000,000 E.L. DISEASE - POLICY LIMIT $ 1 000,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 1/9/2004 WITH ID: 3931502 The City of Santa Ana, its officers, employees, agents, volunteers are named as additional insured per the attached endorsement. c1= 0TICI1`ATF unI nFR I I AnnMnuAi wwsimr -n• wsimr -P i FTTFR• CANCELLATION ACORD 25-S (7/97) Coll:893527 Tpl:219096 Cert:3934320 VACORDCORPORATION99SS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XXZNaW i0CMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFI= z5Fw1If7AaZXX01XALL 747C7II�:aGii City of Santa Ana, M -93 AUT ES ENTATIVE 20 Civic Center Plaza Santa Ana, CA 92702 MER ACORD 25-S (7/97) Coll:893527 Tpl:219096 Cert:3934320 VACORDCORPORATION99SS Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) Coll:893527 Tpl:219096 Cert:3934320 ADDITIONAL PROTECTED PERSONS ENDORSEMENT — CONTRACTORS TheStPaVl GENERAL LIABILITY — INCLUDING COMPLETED WORK This endorsement changes your Contractors Commercial General Liability Protection How Coverage Is Changed There are two changes which are described architect, engineer, or surveyor professional below. services. 1. The following is added to the Who is Protected Under This Agreement section. This change adds certain protected persons and limits their protection. Additional protected person. The person or organization named below is an additional protected person as required by a contract or agreement entered into by you. But only for covered injury or damage arising out of: • your work for that person or organization; • your completed work for that person or organization if your contract or agreement requires such coverage; • premises you own, rent, or lease from that person or organization; or • your maintenance, operation, or use of equipment leased from that person or organization. We explain what we mean by your work and your completed work in the Products and completed work total limit section. If the additional protected person is an architect, engineer, or surveyor, we won't cover injury or damage arising out of the performance or failure to perform Person Or Organization: Architect, engineer, or surveyor professional services includes: • the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specification; and • supervisory, inspection, or engineering services. 2. The following is added to the Other primary insurance section. This change broadens coverage. Well consider this insurance to be primary to and non - contributory with the insurance issued directly to the additional protected persons listed below if: • your contract specifically requires that we consider this insurance to be primary or primary and non - contributory insurance; or • you request before a loss that we consider this insurance to be primary or primary and non - contributory insurance. Other Terms All other terms of your policy remain the same. Any Person or Organization You Are Required By Written Contract to Add as an Additional Protected Person. 30 Day Notice Cancelation even for non - payment. ❑The City of Santa Ana, its officers, employees, agents, volunteers Name of Insured: Policy Number: BKO1576088 Effective Date 2003/09/11 Processing Date 2003/11/12 G0322 Rev. 12 -97 Printed in U.S.A. Endorsement ©St. Paul Fire and Marine Insurance Co. 1997 All Rights Reserved Page 1 of 1