HomeMy WebLinkAboutTRAFFIC CONTROL ENG, INC. 1 - 2002
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.INSURAN~E .llill ON FILE'
WORK MAY fiQIPROCEED
CLERK OF COUNCIL
DATE: \t;-'t-o 2-
N-2002-137
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CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this 4.lb- day of~, 2002 by
and between Traffic Control Engineering, Inc. a California corporation (hereinafter
"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing staff training on traffic control for work zones and on call engineering
services.
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 provide training to staff on traffic control for work zones and provide on
call engineering services related to traffic control for work zones per Exhibit A to this
Agreement.
2. COMPENSA nON
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 $ 9900.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2003, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of Public Works
Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Consultant's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per
occurrence. Consultant shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall
be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
2
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.
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 proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnifY the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant shall indemnify, defend, save and hold harmless City, its offices, agents,
employees, volunteers and representatives from and against any and all losses, damages, liability,
claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever,
including, but not limited to, bodily injury, death, personal injury, property damages and any
other claims arising from any and all negligent or willful acts or omissions of Consultant, its
employees, agents or subcontractors in the performance of services or work conducted or
performed pursuant to this Agreement, excepting only the sole active negligence or sole willful
misconduct of City, its officers or employees, and shall include attorney's fees and all other costs
incurred in defending any such claim. 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 ofthis Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
3
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. 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 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,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
4
telefacsimile (714) 647-6515
To Consultant:
David Kuan, President
Traffic Control Engineering, Inc.
231 E. Imperial Hwy, Suite 241
Fullerton, CA 92835
Telefacsimile 714-447-6081
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, that 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
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. TERMINA nON
5
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.
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 proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant shall indemnify, defend, save and hold harmless City, its officers, agents,
employees, volunteers and representatives from and against any and all losses, damages, liability,
claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever,
including, but not limited to, bodily injury, death, personal injury, property damages and any
other claims arising from any and all negligent or willful acts or omissions of Consultant, its
employees, agents or subcontractors in the performance of services or work conducted or
performed pursuant to this Agreement, excepting only the sole active negligence or sole willful
misconduct of City, its officers or employees, and shall include attorney's fees and all other costs
incurred in defending any such claim. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
3
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.
7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEAL
Clerk of the Council
,
,
DAV DN. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By.
Cristine L. aw
Assistant City Attorney
RECOMMENDE71D
APPR VAL
() O?
J MES G. ROSS
xecutive Director Public Works
CONSULTANT
J,~~,,~,
avid Kuan
President
~
3'3.. o;t.f-Io~ '7
Employer ID # or Individual SS #
8
Ju,l '!:os 02 01: 18p
p.l
FRCM TeE
PHG~ NO. 7144476081
Jul, 29 2002 06:41AM P1
~I TRAFFIC CONTROL ENGINEERING, INC.
July 29, 2002
Post-It"'" brand fax transmittal memo 7671 l f!. or pages ~
To S1t>l tAJ From \1 .
,; ',7-\"'7[tJ6 l~ -
Co, Co,
Dept. Phone iI ->b'-
t'" bj c.-.
Fax * (;s ( <> Fax If
Mr. Vinh Nguyen
City of Santa Ana
20 Civic Center Plaza, M-43
Santa Ana, Ca 92702
Fax: 647-5616
Re: Traffic Control Design Prop~eal
for City of Santa Ana
Dear Vinh:
Thank you for the opportunity to propose our services for traffic
control engineering work, Traffic Control Engineering (TeE) has
a substantial track record in preparing Traffic Control Plans.
Our familiarity with traffic control design and our past projeccs
wich boch concractors and local governments will be the greatest
asset in assuring a effective training programs.
TCE will provide letter proposals for services requested by the
City, The letter proposal shall include the estimated cost and
time to complete the services. City will provide written
acceptance of the letter proposal prior to our commencement of
work.
Attached also please find our f~rm's fee schedule.
I would like to thank you for considering us for this work.
If chere are any quescions. please feel free to call me at your
convenience.
Sincerely,
TRAFFIC CONTROL ENGINEERING, INC.
~,~
David Kuan, P.E., President
DK,dr
231 E. Imperial Hwy., Suite 241
Fullerton, CA 92835
TEL (714) 447-6077
FAX (714) 447-6081
~XH'RIT
a
'Jul' '29 02 01: 18p
,
p.2
F2Cl', : TeE
PHONE NO. 7144476091
J u I. 29 2lJ02 06: 42",'1 P2
TRAFFIC CONTROL ENGINEERING, INC.
FRE SCHEDULE
January 1, 2002
ElllPLOYEE
HOURLY RATE
Principal (project Manager)................... $
Transportation Engineer (Project Engineer)... _.$
Design Engineer....... . . . . . . . . . . . . . . . . . . . . . . . . . $
CAD Technician. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
word Processor.....................,.. _ . . . . . . . . $
168.00
118.00
95.00
70.00
45.00
TRAVEL
$ .4S/MILE OR ACTUAL COST
EXPENSES
ACTUAL COST PLUS 15%
HOURLY RATE INCLUDES LABOR, PAYROLL BURDEN, OVERHEAD AND PR.OFIT.
MINIMUM OF TWO HOURS FOR MEETING ATTENDANCE.
DK:dr
."'-........
231 E. Imperial Hwy., Suite 241
Fullerton, CA 92835
l:Y~1R\T ~
TEL (714) 447-6077
FAX (714) '447-6061
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:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; 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
9
Oct 13 200210:23AM
~~
BOYD & ASSOCIATES
No 6393
p. 2/3
-
ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP 10 ~~ DATE OIMIDDlYYYYI
TI\AFF-l 10/11/02
PRODUCb THIS CERTIFICATE IS ISSUED AS A MATTER Of INfORMATION
BOYD , ASSOCIATES ONLY AND CONfERS NO RIGHTS UPON THE CERTIFICATE
Inaurance S.rvi~~$ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 485 AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tustin CA 92781-0485
Phone: 714/245-1350 Fax:714/245-1340 INSURERS AFFORDING COVERAGE HAIC.
JNSUAE.D 1'0- acoo-l:$-7 I~UA.ERA:. Amerioan Motorist Ins. Co.
I~e:fl': ContinQD't.a1 Caeua1tv Compan
Traffic Control 1N6~C:
Enyine.~inq, Inc.
23 E, Imperial H~" ste. 241 INSURER D:
FullQrton CA 92835
INSUREAi:
COVERAGES
lHI! ,"OlleIES OF INSURANCE L10rfD 8EL.OW"",VI: KEN ISSUED TO THE Ir<<IURED NAMED A8O\IE f:OA THe ,.Ouc"" PERIOD INDICATED. NOTtMTHSTAHOING
ANV REQuIlU:MelolT, TERM OR CONDITION OF NIY CONTRACT OR OTHER DOCUMENT WITH ~!P~CT TO Wl4CH TI116 ce'UWIC"TE MAY 1Sf: ISSUED OR
MAY ,.eRTAIN. THE INSURANce A.F"FORDED 8Y THE POLlCtI;.S DUCRI6€O !E"fIN IS SU8JECT TO AU. THE TE.AMS. EXCLUSIONS AND CONDtTtONS OF SUCH
POLIC'U AGGREGATE L.MT'S SHOWN MAY HAVE BEEN REouC!!'D BY PAil CLAIMS
~~ .,....1I~OFIHSURANCf .-oLlCY NUMB!!''' ~ rD~ LIMITS
DATE
GENmAL LT.-.sJurr EACH OCCuAA:~NC[ '1 000,000
- 71lS 691 006 02 09/18/02 09/18/03 .100,000
A x ..!.p~RCIAl. CiENE:RN..LIA8IL1TY PREMISES IEII OceutWlce\
_ CLAIMS MADE [!] OCCUR MED ['xP (My OM P6I1Kln) .10 000
- PERSONAL & ADV INJURV .1,000 000
GENERAL AGGREGATE .2 000,000
~ .2 000,000
~""L A,GG~fr~r LIMIT APAS PER PRODUCTS. COWlP!op AOG
i , ,-olleY )fgi LOC
~OMOB"E UA,"UTY I COM9I,*D BINGLe: LIMIT $1,000,000
A ANY AUTO I 1RS 697 006 02 09/18/02 09/18/03 (ulllXiClllnll
,It,lL O~EO AUYOS i 1I0D1L V INJURY
.
SCI-I~UI..EDAUTOS i lPar J*eon)
,.!- I-llAeOAlJTOS , BOOIL V INJIJRY
.
~ NON-o'NNED A.l..lTOS (PlO'fag;ide<1I)
f- PROPERTY DAMAGE .
lPflfllccll:len\)
~~GE l.lABlLllY AUTO ONLY, EA. ACCIDENT .
~ .r.NVAUTO OTHER THAN EAACC .
. Aul'OONlY: AGG .
D~ss,uMeRELlA L1A9IUTV EACH OCCURRENCE .
OCCUR 0 ClAIMS MN)f APPROVED S TO FO RM AGQUiGATI; .
~~ .
q ~CUUCUtllt: I,.. / , .
RElENTfON . /;':' IlL tlt/ .
WO~KERS OOMPENSA11ON AND Laura Sheedy ( hOAv'"liMiT's I ''""ER.
EMPl..OVl:R$'lIA.lJll.lTY
AMV PROPFl:IElOI'(I.-ARTNERlEXEcunlJ(; Deputy City Atto ney f.L. EACH ACCIDENT .
OFftCER/MEMBER EXCLUDED' e,t., OISEASE:. EA EMPLOYE .
~~~I:t.PRboVl$1cj~ DelltW E.L DISEASE. POllCV LIMIT .
OTl-lER
B ProfAsB.ional MCA114135226 10/08/02 10/09/031 Per Claim $1,000,000.
Liabilitv Deduct: $2,000.
DISCAIP110N OF OP'E.ftA lIONS I LOCATIONS IVEHIClE&' EXClUSIONS ADDED BY IENOOR~MENl i SPEC~ 'R(MIIOHS
*Except Ten (lO) Day Notiee of C~nc.lla~ion for Non-Payman~ of Premium.s
RE: All Operations of the Namad Insur~d
The City of Santa Ana ia named as an Addi tiQnal Insured on the Generlll
Liabi.~:i.ty ooveJ;'ilge.
City of Santa Ana
Att:n: Vinh. Nguyen
20 Civic Center Plaza,
Santa Ana CA 92702
M-43 ~fJ (
~
CANCELLATION
IHOIA.DANY Of' TIll!: AIIOYI DUCAIII:ED !tQt.IClES 8E CANCeUIC BEfORE THE EXPIRATION
DATE THEREOF. THE IISUIolG INGURfR WU ENDEAVOR 10 M,,"- *30 DAY9WJi11TTlEN
NOncE TO THE tERTIFIC",TE HOlMR NAMlD TO T'41 L,E,fT, BUT FAILURE TO DO GO SHALL
IM~ NO D!!LIGATION OR lIAllIlt.lTY OF ANY' KIND UPON THE. SNSURDt. ITSAGBlTS OR
TATN'ES.
P
CERT1~ICATE HOLDER
STAANl\l
ACORD 25 (2001/08~
Oct 13 2n02 10 24AM
BOYD & ASSOCIATES
No,6393
p, 3/3
- - ,-
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 ~.;r' DATeIMMlDDm'YYI
'1'I\AIi'F 1 10/11/02
PRODUCiR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bom , ASSOC~A'l'ES ONLY AND CONFERS NO RIGIlTS UPON THE CERTIFICATE
Insurance services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 48S ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
'l'uatin CA 927a1-048S
Phone: 714/245-1350 Fax: 714/245-1340 INSURERS AFFORDING CDVERAGE NAIC'
,"SUMO IN91JRfR A State COmD8nsation Ins. Fun,
INSURER 8
T:r:iLffi.c Control. IN5UI'lf.RC:
EnI~neerin9f Inc.
23 ~. Im~ri;! H~.. ate. 241 i INSURER o~
Fu 1erton CA 835 j INSURER E
COVERAGES
T~ I"OLICIES Of INSUAANCE LISTeD BlilOW ~vs;: R"W ISS~ TOT~E INSUREONAMEOA8OVE FOR THE POltCY "ERIOD ~mcATEO. NOTWITHSTANDING
"".V ReQvIREMfrtr. TERM OR CONOlTtON Of ANY CONTRo\CT OR OTHfR OOCUMeNT WITH RfSPECTTO WHICH THISCERnFICAlE MAY Be l68UfO OR
tM'f rEflTAIN, THE INSURANCE AFFORDeD BY THE POLICIES oeSCR8ED HEQEIN 1$ SUBJECT TO AU.. THE 'tERMS. EX'CllnJIONS AND CONDIT1ON3 OF SUCH
POLICES. AGGRIiiQATIii lIMITS SHOWN MAY HAvE SEttt REDUCED 8'1' 'AIO CLAI'YI9
~ ",,,OFfNSU...C. _NU"'_ DAn i;JJ8lIv~ f'~~~jit~~ LIMlT$
GENERAl. L1ABII.IT'f I EACH OCCURRENCE I
f--D~f'l:CIALGfN~IVolLIA1I1LIlY PREMSIO$ U: CIttuI'II~1 I
!
L CLAIMS MADE 0 OCCUR MED EM (Anyone pflr80<'1f I
,
'- PERSONAL & ADV IN.JURY I
!
- G~~RAL AGGREGATI:: I
~LAGG~nE. LlMlrAPn&?ER PRODUCTS ~ COMPIQP AGG I
POlICY ~R8T LOC
~TOMOfJIL~ LIABIUTY COMIINEO S'NGL~ LIWI1T I
AN..... AUTO (EIlo Kdc*\l)
-
ALL OWN!;O AUTOS 6QOlLYtNJUR.....
- I
SCH'OlJL'O AUTOS (F'e,~otl)
-
- I'i,R€OoA.VTOS I &OClL Y INJURY
(F'c:r;wa.Clenl.) I
NON-OWNED ",VTOS
-
r- PROPERTV DAtMGE I
(Peraocloenl)
I : CA'RAGE UA8(lITY AUTO ONL V . fA ACCIDENT ,I
~, I
~ ANY AUTO I OTHER THAN U"'CC I
AlJTOONL"I: AGO .
3~9S1UMBRElLA UA81UTY I EACH OCCURRENCE I
OCCuR 0 CLAIMS MAnE 4GGREGATE I
.
=i ~'''''CTI.LC .
RfTENTlOt.I . i .
WO'U(f]~S COMP)i;NSA nON AND ITORYLlMrT& I IV~A.
A e.uPLOYER5' LIABILITY 1627307-02 04/14/02 04/14/03 ~.L, fACti .-.cCDeNT 11000000
Nt'( PROPRIETOPJPARTNERlfXECuTlVE
OFflCl:MJIEMBER EXCLUOED? E.L. DISEASE ~ EA EMPLOYE" .1000000
;~~~I:rPR~~~S b&lOW u. OlSEASE ~ POLICY LIMIT 11000000
OHlER
OUCRSPnQN ~ OPERATIONS' LOCATIONS I VEHICLl:S I EXClUS6ON!l ADDED 8'r ENDORSEMENT I SPECIAl MOV1SIONI
*Ten (10) Day Notice of Cancellation for Non-Payment of P%'emium
RE: All Operations of the Nam8d Insured
Svidenc6 of Work.ers' CODpsnsation coverage.
City of Santa Ana
Attn: Vinh Nguyen
20 Civic Cente: ~laza, M-43
Santa Ana CA 92702
CANC!lLATION
STAANAl 'MOULD "p.jV OF THE AOOW oUCRtlEo fOLIC,"" CANC;elLfO BfIlO<<f TltE!:llPIRATION
DATETHEREOf,'t1EISSUlNGINSURERWIlL-. - 1IMAll. .30 DAvs.WAITTEN
NOTICE TO THE CERTlFlCAn HOI...J)IR NAM&l)TOTHlL~T, BUT FAILURI'tO DO so SHALL
IMPOSl NO O.lIG....Tl(lN 0fIt 1.1A.lJTY Of Atl'I KIND UPON -mE INSURE", ITS AGENTS OR
Rep" INTA'WSS.
. . T
CERTIFICATE HOLDER
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ACORD 25(2001108)
ROVED AS TO FORM
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DqJUl) .....'Il) Attorney
FROM : TeE
PHONE NO. 7144476081
5ep. 24 2002 05:48AM P2
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR'cOMMERCIAl., GENERAl., LJAHIU I Y PULlCY
In~urance Company P.m"rj~Rn Motorists Tnsnronp" ('~mron"
This endorsement modifies such insurance as is afforded by the provisions of Policy
# 7RS 697 006-02 relating to the follo",ing:
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 insur.eds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days "'Tilten notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the fOllo'wing, inclUding countersignature, is required to make this endorsement
effective_ )
Effective
Policy #
Issued-to
09/18/02 to 09/18/01 , this endorsement form as a part of
7RS 697 006-02
Traffic r.ontrol Rnginp-erjn~. Tnc.
Named Insured
Countersigned by
~~L&~~/
Authorized Represen ative
j,. . :lOVED AS
~ciy
~Lauril ~_. ". ';' ,
Deputy City Attorney
TO FOR1VJ
9
;:-::JmU~Mj~E llill ON ~ILt.
> .WORK MAY .tilll PROCEED
CLERK OF COUNCIL
DATE: 10- 4-0 L
-
N-2002-137
CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this ~ i.!l- day of 0 c. +(19 e. (L , 2002 by
and between Traffic Control Engineering, Inc. a California corporation (hereinafter
"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "City").
RECIT ALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing staff' training on traffic control for work zones and on call engineering
servIces.
13. Consultant represents that Consultant is able and willing to provide such services to the
City,
C. In undertaking the perf0l111anCe of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services perfmmed by Consultant under this
Agreement will be performed in compliance with such standards as may reasoilably be
cxpected from J profcssional consulting firm in thc field.
NO\V THEREFORE, in consideration of the mutual and respcctivc promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide training to staff on traffic control for work zones and provide on
call engineering services related to traffic control for work zones per Exhibit A to this
Agreement.
2. COMPENSA nON
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 $ 9900.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoi~e 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