Loading...
HomeMy WebLinkAboutOTTERSON & ASSOCIATES 1 - 2001 il ...- N-200 1-074 "" ...., INSURANCE ON RLE WORK MAY PROCCED ....7 UNTIL ItJSUBJ\NCE EXPIRES '-<.--' :1-I't-o~ CONSULTANT AGREEMENT CLERK OF .cOUNCIL . llATE: .s-,.~'t-.I L ,triA 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. ~' ....... 'WI 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. 2 -. " '-' 'VII 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 3 ." ...... " 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, 4 " '-' ..,; 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 5 '"" """ 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. 6 . . '-' 'wi 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 !>H ~ '1(,- 7&.61 Employer ill # or Individual SS # 7 * ""'" 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 -- "'" 'wi 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, '. '''; \".r '" 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 * '""" 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 ~ . . '-' ...., 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" Page 2 of5 . '--' ...".I 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 Page 3 of 5 . "'" "wtI Otterson & Associates 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. Page 4 of5 " . -- ...., 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 ;---'\ rl~NJTQ l..!!.,caa LJ&IJl.JlV ~J cxc~ C ClJJMS MAD~ ! i I RIlI!ilUCI1eLf ' , ..,.,._ i weAlCWCOItPlNl&1IOHAHO I ....PLO\"Z!M'UMIUT"/ . 'r y. NT I IAAC:C 5: AOO I I' i, .._..__ f.-----. . t.---.-- I i~~~~ i lAOt OC'C:UP!I\I!I\ICf ~"~q.~Q",":I CL ed Deputy Qity Allerne ~. r--- , 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