HomeMy WebLinkAboutOTTERSON & ASSOCIATES 1 - 2001
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CONSULTANT AGREEMENT CLERK OF .cOUNCIL .
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THIS AGREEMENT, made and entered into this "If" day of PIa, ,2001 by fl,.!
and between Otterson & Associates, a sole proprietor (hereinafter "Consult "), 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
reviewing development proposals.
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 $9,950.00 during the term ofthis 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
December 31,2002, 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 ofthe Public
Works Agency and the City Attorney.
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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 ofthis 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. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
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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
or 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 proofthat 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 oftermination, 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 I 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 pay all costs for the defense ofthe City, including fees and costs for special
counsel to be selected by 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
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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 ofthe 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 oflaw; 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. 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:
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5622
and,
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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:
Otterson & Associates
211 Indianapolis Avenue
Huntington Beach, California 92648-4322
Attn: James D. Otterson
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.
10. 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.
11. 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
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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.
12. 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.
13. 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.
14. 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 ofthe 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.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term ofthis Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision ofthe 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.
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16. 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:
CITY OF SANTA ANA
~HfA&o
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
BY:~N10 >>~~
Lam Sheedy
Deputy City Attorney
OVAL:
CONSULTANT
.d==
> I9hR:J!
ES D. OTTERSON
Owner
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Employer ill # or Individual SS #
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Otterson & Associates
"'-'I 211 Indianapolis Avenue
Huntington Beach, CA 92648-4322
Tel: (714) 960-5620
Fax: (714) 960-5604
Traffic Engineering
Transportation Planning
Civil Engineering
April 28, 2001
City of Santa Ana
Public Works Agency
Transportation and Development Services Division
20 Civic Center Plaza M-93
P.O. Box 1988
Santa Ana, CA 90702-1988
Attention: Ms. Joyce Amerson, Transportation Manager
Subject:
Proposal for Development Review Contractual Services
Dear Ms. Amerson:
Per your request, here is my proposal to provide professional transportation engineering
services to the City of Santa Ana Public Works Agency. It is my understanding that review
comment on privately funded land development proposals and plans will be the primary
focus of the consulting assignment.
As you are aware, I am the former City Traffic Engineer for the City of Huntington Beach. I
am also currently acting as the City Traffic Engineer for the City of Buena Park during the
recruiting period for a new City Traffic Engineer. During my career in traffic and
transportation engineering I have had the good fortune to work in both the public and private
sectors, and in transportation planning, traffic and civil engineering design, and traffic
operations and maintenance. My experience in these different arenas gives me a very broad
perspective and the ability to understand and appreciate the various impacts and
ramifications of any proposed development. I also understand the impacts to adjacent
neighborhoods, political sensitivities, and the issues surrounding perceptions of any given
project.
Qualifications
Registrations as a Civil Engineer or Traffic Engineer are the basic professional credentials
required to perform Development Review Contractual Services. I am a registered Civil
Engineer (RCE 38580), Traffic Engineer (RTE 1578), and Land Surveyor (LS 6196) in
California. I am also a Certified Professional Traffic Operations Engineer (No. 175).
Services to be provided
The City of Santa Ana would like to have Otterson & Associates function as an extension of
city staff and perform reviews of proposed privately funded land developments within the City
of Santa Ana. This would include review and comment on traffic impact assessments, site
EXHIBIT A
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Otterson & Associates
Ms. Joyce Amerson
City of Santa Ana Public Works Agency
Contractual Development Review Services Proposal
April 28, 2001
Page 2 of 3
plans, and other documentation associated with the entitlement of proposed developments.
Review comments will be in written form as directed by the City of Santa Ana Public Works
Agency. Otterson & Associates will perform these duties at the offices of Otterson &
Associates. Preparation of development plans, improvement plans of any type, or traffic
impact assessments are not included within the scope of this engagement. Attendance at
City Council, Planning Commission, homeowners association, or other public meetings may
be required, with appropriate advance notice. Additional services not specified above will
require an amendment to this proposal with the appropriate discussions of scope and
compensation.
Work Schedule, Availability, and Period of Service
At present I am the acting City Traffic Engineer for the City of Buena Park. I work in the City
of Buena Park on Tuesdays, Wednesday mornings, and Thursdays. I am available to attend
meetings, perform field reviews, and other duties as necessary on Mondays, Wednesday
afternoons, and Fridays. It is my understanding that the term of service to perform
Development Review services is for a short-term period, with the possibility of a contract
extension, with a total contractual amount of $10,000.00. A contract extension would be
considered if 1.) The development review workload continued to require additional outside
consulting assistance; 2.) The City of Santa Ana is satisfied with the quality and timeliness of
the development review services provided by Otterson & Associates; and 3.) The necessary
funds to extend the contract for development review services are available.
Insurance Coverage // t!,tv-o ~rroiZ.w-D~ V4c~ q...~
A photocopy of a C~i~te of Liability Insurance has been enclosed for your review. Exhibit
B of the Consulta t Agreement has also been included for your review. I believe that all City
of Santa Ana . surance requirements have been met with one exception. My current
Automobile lability coverage is $300,000 per accident. If memory serves, you discussed this
with the for the City of Santa Ana and the current automobile liability insurance
coverage that I carry is acceptable to the City of Santa Ana. I do not have any employees or
utilize any hired automobiles on a regular basis to perform my consulting engineering duties.
Also, I do not believe that Employer's Liability insurance would be required, as I have no
employees. Please advise me if my assumption is incorrect.
Compensation
The hourly rate for Development Review services is $130.00 per hour, excluding depositions
and testimony. The hourly rate will be charged for all time spent discharging the duties of
Development Reviews, including travel time to and from meetings, pubic hearings and
meetings, field reviews, review of documents, plans, studies, and other duties as assigned,
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Otterson & Associates
Ms. Joyce Amerson
City of Santa Ana Public Works Agency
Contractual Development Review Services Proposal
April 28, 2001
Page 3 of 3
and other travel during the normal business day associated with Develop Review. Travel
time is billed portal to portal, to and from the offices of Otterson & Associates. Mileage will be
charged at $0.325 per mile.
The City shall reimburse Otterson and Associates for all reproduction, postage, courier
services, long distance telephone calls, and other expenses resulting from the work
performed under this agreement at cost plus fifteen (15) percent, excluding mileage costs.
Otterson and Associates will be responsible to provide the necessary computers and
computer software for use during performance of Development Review services.
Billing statements for work will be submitted monthly. Statements are payable within thirty
(30) days of receipt.
This proposal will remain in effect for 90 days.
Again, thank you very much for the opportunity to submittal a proposal for Development
Review services. Please call me at (714) 960-5620 at your convenience if you should have
any questions regarding this proposal.
Sincerely,
Otter on & Ass~iates
.J.~
ames D. Otterson, P.E., P.L.S.
Principal
Attachments: Resume for James D. Otterson
Certificate of Insurance
Consultant Agreement Exhibit B
Automobile Liability Insurance Certificate
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Otterson & Associates
'wi 211 Indianapolis Avenue
Huntington Beach. CA 92648-4322
Tel: (714) 960-5620
Fax: (714) 960-5604
Traffic Engineering
Transportation Planning
Civil Engineering
Professional Registration
Professional Civil Engineer, Califomiall984/ C 38580
Professional Land Surveyor, Californiall989/ LS 6196
Professional Traffic Engineer, Californiall991/ TR 1578
Professional Traffic Operations Engineer, U.S./1999/No. 175
Professional Experience
Otterson & Associates:
Linscott, Law, & Greenspan Engineers:
Parsons Transportation Group:
City of Huntington Beach:
Herman Kimmel & AssociateslRBF:
City ofSimi Valley:
Principal Engineer
Associate Principal Engineer
Senior Project Manager
City Traffic Engineer
Project Manager
Associate Civil Engineer
Areas of Professional Expertise/Specialized Training
U. C Berkeley - Institute of Transportation Studies:
Fundamentals of Traffic Engineering
Special Event Planning and Traffic Control
Urban Street Design
Intersection Capacity Analysis, 1985 Highway Capacity Manual Delay Method
Traffic Modeling
Traffic Signal Maintenance Management
Roadway Lighting Design
Legal Liability
Traffic Signal Timing & Control Functions
Traffic Signal Coordination (Passer II and Transyt 7F programs)
Roadside Safety Design
Construction Project Administration & Management
The Transportation Engineer as an Effective Witness
San Diego Regional Law Enforcement Training Center:
Intermediate Traffic Accident Investigation Course (Skid Mark Analysis-40 hours)
Strong Concepts:
Special One Day Short course on TEAPAC Signal Timing and Progression Analysis Software,
taught by Dennis Strong, program author
Trafficware:
Three-day course on Synchro 5.0 and SimTraffic 5.0 intersection analysis, coordination and
simulation software
Federal Highway Administration:
Video Surveillance for Advanced Transportation Management Systems
Association of Em'ironmental Planners:
California Environmental Quality Act Fundamentals
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Otterson & Associates
American Public Works Association:
Public Works Administration and Management (40 Hours)
California Land Surveyors Association:
Subdivision Map Act Fundamentals
Legal Description Fundamentals
Representative Experience
Mr. Otterson has in excess of 20 years experience in civil and traffic engineering, focusing on
traffic, transportation, and highway design. Projects have included major street design
channelization, signalization, and construction traffic control projects in Orange, Los Angeles,
Ventura, Santa Barbara and Riverside Counties; traffic impact assessments in Orange, Los
Angeles, Ventura, Riverside, and San Bernardino Counties. Jim has also served as City Traffic
Engineer for 7.5 years in Huntington Beach. This position included full traffic system
maintenance responsibilities, municipal traffic operations, new traffic signal master control and
communications system selection and implementation, transportation planning and inter-
governmental coordination efforts. Jim has extensive experience dealing with the public, elected
officials, private land developers, the press, and contractors. Other assignments included
environmental engineering, geodesy, photogrammetry, and construction engineering in California
and Saudi Arabia.
Otterson & Associates
Otterson and Associates focuses on providing quality traffic engineering services to municipal and
private sector clients. The primary focus of services to be provided will be municipal traffic
operations and management; traffic signal, signing and striping, street lighting, and work zone
traffic control plan design services; and expert witness testimony. Other services offered include
peer review of traffic impact assessments and shared parking analyses, traffic impact assessments,
transportation planning, plan checking of traffic and civil improvement plans, and traffic signal
timing. Jim is currently serving as the contract City Traffic Engineer for the City of Buena Park.
Linscott, Law, & Greenspan Engineers; Associate Principal Engineer:
Supervision of traffic and civil engineering design, traffic operations, and major traffic and
transportation planning efforts for the Costa Mesa office of Linscott, Law & Greenspan
Engineers. Provided quality assurance and review of plans, specifications, estimates, and reports
generated by the Costa Mesa, Pasadena, and San Diego offices and provided technical assistance
and support to the San Diego and Pasadena offices when requested. Major assignments included
channelization, signalization, and street lighting design for the Playa Vista Entertainment, Media,
and Technology District project in Los Angeles; work zone traffic control plan preparation for
one-half mile of 42" storm drain installed within Harbor Boulevard in Santa Ana and Costa Mesa;
peer review of the Treasure Island Resort shared parking analysis and traffic impact assessment
for the City of Laguna Beach; traffic signal modification and installation plans, striping plans,
street lighting plans, and work zone traffic control plans for the Bixby Ranch "Old Ranch"
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Otterson & Associates
development project in Seal Beach; transportation planning for the Tonner Hills Specific Plan in
Brea; design of channelization, traffic signal, and street lighting plans for the Huntington Central
Park Master Plan project in Huntington Beach; preliminary roadway design and right-of-way
research for the Armstrong Ranch Specific Plan in Santa Ana; design of traffic signal, striping,
and work zone traffic control plans for The Pinnacle at MacArthur Place in Santa Ana; design and
processing of traffic mitigation measures, traffic signal modifications, striping, and street lighting
through Caltrans District 7 for the Marina Shores Shopping Center in Long Beach and the
Monterey Park Town Center Plaza in Monterey Park. Jim also provided on-call traffic signal
timing services for the City of Corona.
Parsons Transportation Group; Senior Project Manager:
Design oversight of the Toll Collection and Revenue Management System (TCARMS) for the
Transportation Corridor Agencies (TCA) of Orange County, California, as well as design
management of three Variable Message Signs for TCA at various locations on the state highway
system. Jim was the resident engineer for the construction phase of the project and directly
supervised the construction inspection team.
Alameda Corridor Transportation Program, Mid Corridor Trench. The Mid Corridor Trench is a
twelve mile long, 3D-foot deep, 51-foot wide trench being constructed to accommodate the
relocated twin track mainline railroad from the Ports of Long Beach and Los Angeles to the
Union Pacific and Burlington Northern/Santa Fe Railroad yards in downtown Los Angeles. This
rail corridor handles the majority of inbound and outbound freight to and from the Pacific Rim
and the United States. The Ports of Long Beach and Los Angeles, combined, are the busiest port
in the United States and the third busiest port in the world. The Alameda Corridor Project will
grade separate rail traffic and surface street traffic along the length of the corridor, including
construction of 31 bridges. Jim was the project manager and lead engineer for preparation of the
Traffic Management Plan for construction of the Mid Corridor Trench.
Newport BoulevardlBalboa Boulevard Merge Circulation Study. Newport Beach, California. Jim
was the project manager for a comprehensive review and analysis of various scenarios to revise
the channelization and configuration of the Newport and Balboa Boulevard Merge on Balboa
Peninsula. This is a historic area with very high pedestrian traffic flows during the summer season
and very valuable real estate abutting the existing streets. The project included an extensive public
outreach program and multiple public meetings with various constituencies, including the local
business community and homeowner associations.
Milpas Street Roundabout, Santa Barbara, California. Jim was responsible for design of the
signing, striping, signal modification and installation, street lighting, and construction traffic
control for an approximate one half-mile long project involving four signalized intersections and
four freeway on/off ramps at the intersection of Milpas Street and State Route 101. The project
involves installation of a modern ovalized roundabout at the intersection of a very heavily used
arterial, two freeway off ramps, and one freeway on ramp. This effort was made to improve
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intersection congestion and provide an opportunity to beautify the project area. Decorative street
lighting and traffic signals, extensive landscaping and decorative paving were also key features of
this project.
City of Huntington Beach; City Traffic Engineer:
As City Traffic Engineer, Jim interfaced directly with the City Administrator, City Council
members, the public, other public agencies, consultants, contractors, developers, the press and
regularly made presentations at City Council meetings, which are televised. The City of
Huntington Beach has a complete state-of-the-art sign shop, striping maintenance operation,
traffic signal, and street lighting maintenance section. Traffic signal maintenance is performed on
a 24 hours-a-day, seven-days-a-week basis. The traffic signal and street lighting maintenance
sections were instituted following Jim's appointment as City Traffic Engineer. The City is
completing the installation of a citywide spread spectrum radio-based traffic signal master control
and surveillance system, which is to be the platform for future Intelligent Transportation System
(ITS) applications. This master control and surveillance system was funded by a combination of
Caltrans Transportation System Management (ISM) Grants and U.S. Department of Energy
Petroleum Violator Escrow Account (PVEA) Grants. Jim's duties also included review and
approval of all transportation related studies and improvement plans. He also designed and
installed the first modem roundabout installed in Orange County in over 100 years. Jim also
represented the City of Huntington Beach in tort liability lawsuits involving traffic accidents.
Jim supervised or designed the construction traffic control plans for numerous arterial street
rehabilitation projects, arterial widenings, a city-wide bridge seismic retrofit project, a county
sanitation district trunk sewer main replacement project, and numerous special events, including
the 1996 Olympic Torch Run, which made its only Orange County stop in Huntington Beach.
Herman Kimmel & AssociatesIRBF; Project Managerffraffic Engineer:
Jim was responsible for the design of traffic signals, signing and striping plans, and
construction traffic control plans for several large projects in Orange County, including the
Newport Boulevard (State Route 55) widening and interchange modification at Coast Highway
(State Route 1) in Newport Beach and for the installation of four miles of 72" diameter water
main in Trabuco Road in Orange County for the Santa Margarita Water District. Jim also
prepared a Project Study Report and two Project Reports within CaItrans District 7 and District
8. His experience includes large traffic control, signing and striping, and traffic signal design
projects to Caltrans specifications within Caltrans Districts 7, 8, and 12 while employed by
Herman Kimmel & Associates.
City ofSimi Valley; Associate Civil Engineerffraffic:
Jim prepared and reviewed extensive signing, striping, traffic signal, and construction traffic
control plans during a period ofvery rapid growth in Simi Valley.
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Otterson & Associates
Education
Bachelor of Science, Civil Engineering, California State Polytechnic University, Pomona, 1981
Professional Memberships
Member, American Society of Civil Engineers
Member, International Municipal Signal Association
Member, Institute of Transportation Engineers
Member, Orange County Traffic Engineers Committee (president, 1996/1997)
Member, Tau Beta Pi, Cal Nu Chapter (National Engineering Scholastic Honor Society)
Member, update committee; "Orange County Traffic Engineering Council Report on Protected
Permissive Left Phasing" (to be published in 2001)
Professional Instruction
In 1990 Jim's former employer, Robert Bein, William Frost and Associates (REF) asked him to
be an instructor in Transportation and Highway Design Fundamentals for the company's annual
Professional Engineering Examination Review Program. Jim taught these subjects in 1991, 1992,
and 1993.
ProfessiOfla1 Panel Presentations
Panel Chair and presenter, Yellow and All Red Clearance Intervals for Traffic Signals, Institute of
Transportation Engineers, Southern California Section Spring Mini-Conference, May 31, 1996,
Newport Beach, California
1996, 1997, and 2000; City Traffic Engineers Association Traffic Commissioners Workshop
Presenter, Traffic Signal fundamentals and issues (1996 & 1997), Signing, Striping, and Traffic
Signal applications (2000)
Publications
"Multi-Jurisdictional Traffic Signal Coordination - A Pleasant Experience!" Albert L. Grover,
PE, James D. Otterson, P.E., P.L.S., Chalap K. Sadam, P.E., 1995 Compendium of Technical
Papers. Jim presented this paper at the 65th Institute of Transportation Engineers Annual meeting
in Denver, Colorado.
"Orange County Traffic Engineering Council Report on Protected-Permissive Left Turn Phasing,"
1995.
Work Area Traffic Control Handbook, 9th Edition (2001) - Update Committee Member
Page 5 of5
.
.
."",
...,;
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
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
8
'-'
....."
.a.~Dt:lO.
9 OT
CERTIFICATE OF LIABILITY INSURANCE
. .
Dea~ey, Renton, AS80ciate8
6CO S, Lake Avenue, Suite 308
Pasadena, CA 91106
626 84~-3070
0... TI PAwOO/'N)
04/27/200
1$ ISSueD AS A IolA TTER Of' I/oFORMATION
ClNL Y ~D CONl'_ NO IIIGHTS UPON THE CERTlflCATI!
1tOLDI1I_ TillS CI!ll1'lI'lCATl! CO!! NOT AMINO, IXI'INIl Oil
AL1III THI COVIIIAGE AFFORDED BV 1lfE POI.ICIES llELOW_
lNSi.lftliO
Oteereon & Associates
211 Indianapolis Avenue
H~ntington Beach, ~ 9264S-4322
, INSUIlEAS AFFOl'iDlNO COY.RAG!
l~A American Manufact1.lrers M1.ltuali" .,-_.
1::..~;.!rIlCUZ:itY Ins,. Ce. 9LH_~}:1. o;:~__.__.
IUJII~}~:..~....___ __'_"__.'_'." .
""""iRCo
>-..... . -------- --..--.----------.- -_. -
1'>.lIUOIIU
COVll\AllIeI
THS OOOOESOI'I~9.;FWlCe UST;o BELOW HAV.IIIN IISU'~ TO 'rM' I..-Ie "AMIO AIlOVli FOR THE F'OUCYF'eR",OINOf(;ATEO NOTWlr~$rANOING
ANY AtOlI..,....,-, TMN 01'1 CXlNOIT'ON OF Njy CON'l'llACT O~ OTH!/! 00ClJ1III!N1 W1l'i .....er TO V/I'lIOH r""! ceRTIFICATE w.,y BE ISSUI!D OR
MAV ~~~ THE INSlFIANOE .....FORceo IV "". POlIOllS OIeCI'IltIO ...MIII< II _rOT TO ALl rHE YSAtolS, ElCC'USIONSANDCONoITlOl>4 o.sue;;
PO<.ICIH, .......iUGAT. U>.Irs SMO\M< ..... ~vE &SiN AiIlUeED IiV PAlO CUlWl.
""HOfIIN~ot f/IO.JtJI......
A "N!RALL~UTl' 7RE79063100
1 Y,. iCOMM.AO~3i....iA""'I.I"'I5."",
! -1"-1 Ct.A1U1 MAD! Iil ~ i
i : i
'-'
...-J___ "._ ~.__.I
OiN1.NiGRiGAlIUnrAflPLIII,.,,: !
~o<:IJC\'l LOO I
A i~:~:': 117RE790S3100
~ . ~'CUI.I= AUTOS
,.:l:'_ H'.IO IWTOl I
R NCN-OwNil) ~
102
!
14 01,02/14/02
L.Iolns
14102 ....::"oo::u'!'~NCE I':" OOO,o..OQ..
...........I"'."...l~.Q..Q..,OC 0
I ~:.'Ml.~~....L!lQ.,..Q.Q. -Q-.
.~~_"P.'!!'JU'" l'l,OOO,_Q.Q.O__
'_.,AQa.~r' ~OOO. 000
~'!!l5!Uer5 .e~~i2L~~: 12.000.000
. I
~IN'.","'''wr 1'1 000 000
:ll...O$....l} "
t--------;---....-....
i eot)lI,.YloII.A.It'\Y 11-
; ~~,1------~-:-
PROIDT"Y DANNtI.
~"'~11
i5
i
~ GAMQI UA8U1'\1
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rl~NJTQ
l..!!.,caa LJ&IJl.JlV
~J cxc~ C ClJJMS MAD~ !
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weAlCWCOItPlNl&1IOHAHO I
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i lAOt OC'C:UP!I\I!I\ICf
~"~q.~Q",":I
CL
ed
Deputy Qity Allerne
~.
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,
I i.1. i"'C~ .ACCfClNT
~lASli:.'''~Ot.~'
I J., D.IEMI . ..c:tLICY LUI4lT I.
02/14/01 02/14/02 'I $1,000,000 per claim
i I $2.000,000 annl A99r.
I ,
, .
"'iCR.P'n(>>t OP QIIIeN.TIONtfJ.CIClA'nON.....fWlC\o.IM;('c..uJIICNSACD!D lS'f' 1!!Nf)OM........".,.ClAI. fIlAQ\I'I$lONI
Rill City of Santa Ana
The City of Santa Ana, its ottioers, employees, Agents, volunteers. And
representatives are named as additional insured as respects genera~
liaoility ~or cla~ml arising ~rom ~he operations ct che narne~ insured.
a i."". Profeuional
fLia.bi li ty
iSAR0302504
SlTIFICATi HOLDER
~ ADDI'nCINALllaJIED~NlUIIII"l.I:~
City of Santa Ana
20 Civic Center Plaza
Santa An_, ~ 92701
..OUloQi IH1t1FtMI~a."'lOtIClI.IM"'CAJCILUD I!~lll. .:dlM'nOft
bAT!: f)t!1a!'0I'. ~....... IN.... wu. -~X.N1. 3, a. ..DA"WNmN
It01'SOI TV'l'H1 CIJlmAeAft HCLOt:IltIlfMlCO 'f'OWI ~~ -.....,fCIUt.....~x.
NIUflIlIGll:
D
MLE ill ACOAD OO.PORATION 1t88
ACOIlll2H(1J17l1 of 1
i1S59018/M55770
.
'-
...,
A~~-27-2e.l le,ee AM OTT&R$Q~ & ~8.QC1.TES
.
"'14'588684
~..IiI.
IXJIIIJIT B
"nnTTtON..u. INIlURRn llNDaURU'J!NT
POll COMMJ:'llrUT. ~"'. LURILrrv Pin .tv:J:
huurance Company ~rit'.l'ln manLl.1-SnhA.?J"Vl Mu.~l
Thi. endonelNll\t modiflea IlUCh IllIUTInlle .. is alfordld by lhe provltiolll of Polley
* 7~'1ciI()~31 - DO reIalina to tile fil&wilJ,J:
1 , The City of SIlIta kla. 30 CIviC! Center PIau, 5111ta AD., C&lit'onlia 92 70 J; Iu
of!IeeI.. employees, ...nll, volllllleerlaM rep,.....lClIItl_ are lIIllIecI u 8ddltlOlll.llnlUred.
('acldillonallnlUl'lclt'? wllh resarcl to liability and deteIlI. of'auill ari.inS &-om the operlliona
wt IlIeI performed by or on bobalfotthe lIIllIed llllUred.
:Z, Willll'llplCt 10 Cllalllll Wlna out of Ill. o!*lllon. tIld lIIU ptdottnecI by or on
beha1t of the nmnld inSllred, IIlch IIIIUt11lee II la &.ft'orded by lhl. poU;y i. prirnuy and I. not
addIllona! to or eontrlbulina with any oeher illlUrlllC8 earned by or for the _fll olth.
addltiOlllllnl\ll'edl.
3. TlIi.llllllranCf appu.. ltpIrawly 10 wbluured a..ln'l whorn clllm I. made or
suit I.t brought except with I'IIPect 10 ~be oomPllly'lllmIlS or 1Ia1ll11ty. The Indutioll of any
penon or orpZ'JDtiOll u an iJII&nd Iha1I not IfI'Iot any riJht which auch person or oraaniMtion
would h.ve II . oIaimanl if' nOllO Included.
4. Wllh r.pecllo tha addhional ~ till, InlllflllCl. 111&11 nOl be cancelled, ...
'1-"1111) "lrTi ,. rauf"qlf Ir 1111111 _ept 18. thhty (30) day. written IlOtice lw betn
li\l1ln to lhe City ofSIIllI Aft.. 20 Civic Cemer Piau, Senta Ana, Calilbmia 92701
(Completion ofthc fbllowlnl, includill8 ;olll1ilTaipatura, ill'lqulrecI to make t1ti. endonement
.~YI.)
EffOCltivo ZLt 1.1 / ~ I . thI. endorllOtllald f'orm .. I plrt of
Policyil ~~I_~
ISI\Ied to Jr A j.'\fes
Named IlIIUI'Id
AudIorize4 J..p1'll'lIl&l.ive
Coulllel1lanecl by
10
,CO./tOO", HO,.
~ilV!~,~:=V " ~r"',Hl":''lo'' I~f'T'V~'"
.,....................... ........- ....- -..---
-
\.; III 82 39 .. INSURED'S COPY l~
RENEWAL DECLARATION OFFER
EFFECTIVE 03/03/01
~:taM~,"~,"~,,"!e.~~!~c~~l.~IC~.r~"~.!IN THE EVENT PAYMENT IS NOT RECEIVED
-iE CuRFleNT STATUS OF YOU,IIi COvERAGeS ,,"to LIMITS OF t..IASllITV ACCOFlCI~O TO QUF! FlECOADS.BV THE DUE DATE NOTED BELOW IN THE
STATEMENT OF ACCOUNT, YOUR POLICY
BECOMES NULL AND VOID.
121stCENTURY
INSURANCE
AP
I '0' ....,lot S~A!\.OARD TIM!
1118239 .. 03/03/01 09/03/01
NAflED INSURED AND ADDRESS
JAMES D OTTERSON
211 INDIANAPOLIS AVE
HUNTINGTON BCH CA 92648
Zlt:z.!u>> !
(~r. NO.
~ 380.00
E ....0. IS PROVIDED WHERE A PAEMIU..... AN A L.IMIT OF LIA I ITV ARE SH
'800IL't'I/liJUA'/ .
) PAOPERTY DAMAGE I
;.MI!ClCALMYMEN....S .
;) UNlNSUREO MOtORIST .
CWMOI! 'TO 'r'OUFl CAR
~(A.Soo/E.COfoIPfl~i"'S1ve
~'.COI.I.ISION
)1 ur..INSlJFleO MOTCAISi. PO
J. 'l'OWNQ I .AIOFl COST $
.. FlENTA:.. AIIMIUASEME"IT
w,
.OOC EACH PERSON . ,OOOu.CHACCIot:NT .. 143
.ooo!ACH ACCIDENT 79
,000E.6CI"IPEP.SOH 28
,000 EACI"I PERSON .000 EACH ACCIDENT 18
CAll' CAA' CAA' CA.'
oeD, ceo . oeD . D'O 22
oeD . DlD . oeD. DE<> 86
4
!.loCI-! ~I&A8LWENT U ome ce nc u e INCL
iCJ.Fl2
"'"'
iWl..
l
TCE-78
01/99 TCE-76
01198
380.00
(b-::S~il_-
02106/01
DATE
.1'.!1-RPQLICY sERVJCE CALL (800) 443-3100
.. Known Drivers of your V.hicl.~ - STATEMENT OF ACCOUNT FOR POLICY 1118239
4 TOTAL PREMIUM . . . . . . . . . . . . . . .j. . 380.00
.. JAMES D OTTERSON
CHOOSE THE PAYMENT PLAN YOU PREFER,
PAY IN FULL . 380.00 DUE 03/03/01
2-PAY PLAN ,
.. 193.00 DUE 03/03/01 . 193.00 DUE 05/03/01
4-PAY PLAN ,
.. 98.00 DUE 03/03/01. 98.00 DUE 04/03/01
.. 98.00 DUE 05/03/01. 98.00 DUE 06/03/01
· INCLUDES .3 PER PAYMENT SERVICE CHARGE
~
~
Imllllllllllllllllllllll
6/17/02 3:21 PM
1-510-452-2193
17146476515
002
'A4QQ
I I
ArnRn CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDlYY)
06/17/02
PRODUCER TIllS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Oealey, Renton & Aaaoclatea ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
600 S. Lake Ave., Suite 308 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Paaadena, CA
626 844 3070 INSURERS AFFORDING COVERAGE
INSURED INSURBR A: American Manufacturers Mutual
Otterson & Aeeoclatea INSURER B: Security Ina. Co. of Hartford
211 Indlanapolla Avenue INSURER c:
Huntington Beach, CA 9284&4322 INSURER D:
I INSURBR It:
COVERAGES
1HE POUClES OF INSURANCE IlSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POllCY PERIOD INDICAlED. NOlWITHSTANDIN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR O1HER DOCUMENT wrrn RESPECT TO WlITCH TInS CERTIFICATE MAY BE ISSUED 0
MAY PERTAIN, THE INSURANCE AFFORDED BY TIlE POUClES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONnmONS OF sua
POUCIES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
.~~ TYPE OF INSURANCE POLICY NUMBER POLICY En'ECTIVE POr!f,pJ EXPIRATION LIMITS
A ~NERAL LIABILITY 7RE79063101 02/14/02 02/14/03 BACH OCCURRENCE . 1 000.000
X COMMERCIAL GENa RAL LIAS ILITY FIRE DAMAGE (Any one fire) '500 000
I CLAIMS MADE W OCCUR MED E.X? (Any one penon) .10000
PERSONAL &. ADV INJURY '1 000 000
r-
r- GBNERALAGGREGATE .2000000
~'LAGG~Bn _~IMrr APn PER: PRODUCTS - COMP/O? AGG .2 000.000
POLICY I ',!-:2;. LOC
A ~OMOBILE LIABILITY 7RE79063101 02/14/02 02/14/03 COMBINED SlNGLB LIMIT
ANY AUTO (Eaaeddent) 51,000,000
r-
- ALL OWNaD AUTOS BODILY INJURY
(pili" penon) .
X SCHEDULBD AUTOS
HIRED AUTOS BODILY INJURY
~ .
.!. NON"OWNED AUTOS (peraccidenf)
PROPBRTY DAMAGE .
(pllI"lICCident)
R....GE L'ABIUTY AUTO ONLY - BAACClDBNT ,
ANY AL'TO ar'HBR THAN IlAACC .
AUTO ONLY: AGG .
EXCESS LIABILITY EACH OCCURRBNCB .
r:rOCCUR 0 C'_AIMS MADE AGGREGATE! .
.
R DEDUcrIBL' ~(~~A ~ZO FOm ~ .
RE!TE!NTION , ,
WORKERS COMPENSATION AND ~EL {L.-- h-';;~~AZ,\';, I l"rr~
EMPLoYERS' LtABJLITY E SHAW B.L. EA.CH ACCIDBNT .
Deputy City Attorney B.L.DISBASE -BABMPLOYEB 5
B.L. DISEASE - POLlCY LIMIT 5
B OTHER Profeaalonal SAE0302504 02/14/02 02/14/03 $1,000,000 per claim
lability $2,000,000 annlaggr.
DESCRIPTION OF O?ERATIONS/LOCATIONS/VEHICLES/EXCL.USIONS ADDED BY ENOORSEMENT/SPECIAL PROVISIONS
Re: City of Sanla Ana The City of Sanla Ana, Ite officers, employeea, agenta, volunteers and repreaentatlvea
are named aa addltlonallnaured aa rsapecta generslllablllty for clalma arlalng from the operatlona of the
named Inaured.
CERTIFICATE HOIDER I I ADDITIONALINSURED'INSURERLETIER: CANCELLATION TAn n." Nntl~A fn. ..^~.
SHOUlD ANyQll'THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHEEXPlRI\TION
City of Sanla Ana DATE THEREOF, THE ISSUING INSURER WIL~MAlL30....-DAYSWRlITEN
20 Civic Cenlar Plaza NOT'ICETOTHE CEImFICATE HOLDERNAMED'I'OTHElEFT, B
Sanla Ana, CA 92701
A:t}ZED ZPRESENT~
. h./1 -rn n .
6/17/02 3:21 PM
1-510-452-2193
17146476515
003
.
Policy Number: 7RE79063101
OwnersbLessees or Contractors (Form B)
ADDITI NAL INSURED
Change(s) Effective: 06/17/02
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person or Organization:
City of Santa Ana
20 civic Center Plaza
Santa Ana, CA 92701
SECTION II - WHO IS AN INSURED is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to liability
arising out of "your work" for that insured by or for you.
Re: City of Santa Ana The City of Santa Ana, its officers, employees,
agents, volunteers and representatives are named as additional insured
as respects general liability for claims arising from the operations
of the named insured.
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
~ro FORM
ISTI LE~;;-
Oiputy City Attorney
CWBF 22 40 03 95