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RK ENGINEERING GROUP, INC.
City of Santa Ana Clerk of the Council AGREEMENT TERMINATION 7 61n P 22 Pit T: if AUG 0 6 2007 Please complete this form when the attached agreement is no longer SANTA ANA PLANNING DEPT in effect. Return form to the Clerk of the Cour l Off e (M 30) -A ANA Call 647-5237 if you have an questions. } Y Y 9 CLEF`` W NCIL The agreement with H • 420-7 1(Y &p was completed on and final payment has been made. Revised 07-2M7 Department: Phone/Ext.: Signature: Date: INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES id -iy-a �? CLERKOFCOUNCIL DATE: 8'('0 7 O•.PIBA C2) ToY+ta 2erbo, CONSULTANT AGREEMENT A-2007-166 THIS AGREEMENT, made and entered into this 18`J' day of June, 2007 by and between RK ENGINEERING GROUP, 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 environmental services and related technical studies. 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 noise and traffic impact technical study services pursuant to the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the project budget approved by the Executive Director as set forth in Section 1, above, which shall be based on the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to 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. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2008, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit $upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled 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 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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 due to negligent acts, omissions or willful misconduct in the performance, 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 negligent acts, omissions or willful misconduct in the performance of this Agreement. S. 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 parry by any subsidiary and/or agent of the other parry is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. 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. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building and City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 973-1461 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: RK ENGINEERING GROUP, INC. 3991 MacArthur Boulevard, Suite 310 Newport Beach, CA 92660 Telefacsimile: (949) 474-0902 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, 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, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laufa Sheedy Assistant City Attorney CITY OF SANTA ANA ,roi�DA ID N. AM City Manager RK ENGINEERING GROUP, INC. ROBERT KAHN, P.E. Principal Tax ID# 33-09Wr2Y mtengineering group, inc. w IMay 18, 2007 Mr. Pedro Guillen City of Santa Ana Planning Division 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 transportation planning • traffic engineering acoustical engineering • parking studies Subject: Request for Qualifications for Environmental Consultants Dear Mr. Pedro Guillen, RK Engineering Group, Inc. (RK) is pleased to submit this Statement of Qualifications (SOQ) to the City of Santa Ana. It is our understanding that the City of Santa Ana is seeking services of professional engineering consultants to provide environmental services under the direction of the City staff. RK has the ability to prep environmental studies and technical reports for the following: • Noise Impact • Traffic Impact Studies Noise Impact RK would be an ideal candidate for the Noise Impact services to the City. Having worked with developers, builders, and public agencies, RK has completed over 700 projects involving acoustical engineering. Robert Kahn, P.E. has been designated as a Certified Acoustical Engineer (NO. 112/88) in the County of Orange. RK' uses "state of the art" computer modeling to project noise impacts and also has the equipment to prepare actual field measurements. Please find below a reference list of recent noise and traffic studies for public agencies: • City of Santa Ana: Various Noise and Traffic Studies o Shahir Gobran, P.E. (714) 647 5615 o Monica Souter, P.E. (714) 647 5645 • County of Orange: Various Noise and Traffic Studies o Bryan Speegle (714) 834 3144 • City of Mission Viejo: Noise Element and various Traffic Studies o Elaine Lister (949) 470 3000 o Shirley Land (949) 470 3000 3991 macarthur boulevard, suite 310 newport beach, california 92660 tel 949.474.0809 fax 949.474.0902 EXHIBITA http://vv w.rkengineer.com Mr. Pedro Guillen City of Santa Ana May 18, 2007 Page 2 • City of Garden Grove: Various Noise and Traffic Studies o Dan Candelaria, P.E. (714) 741 5185 • City or Perris: Various Noise and Traffic Studies o Brad Eckhardt (951) 943 6504 o Habib Motlagh (951) 946 6504 • County of Riverside Health Department: Various Residential and Commercial Projects o Steve Hinde (951) 358 5443 Traffic Impact Studies: RK's experienced staff has also prepared hundreds of traffic impact studies throughout Southern and Central California. Work products provided by the firm includes conceptual planning/feasibility studies or detailed design recommendations. The firm can evaluate both existing conditions and the effects of future development upon infrastructure requirements. Please find attached our qualifications for your review. We look forward to the possibility of partnering with the City of Santa Ana so we can provide our high standards for excellence, quality and experience in a cost efficient manner. Thank you for your consideration to team with the City of Santa Ana and its staff. Please feel free to contact us with any questions or comments. Sincerely, Robert Kahn, P.E. Principal Register Civil Engineer 20285 Registered Traffic Engineer 0555 Attachment RK: k1IRK5651 JN:1179-07-01 engineering group, inc. I QUALIFICATIONS STATEMENT Transportation Planning/Traffic Engineering Transportation Demand Management Parking Studies/Public Transit Acoustical Engineering I I I I 1 3991 MacArthur Boulevard, Suite 310, Newport Beach, CA 92660 Phn 949.474.0809 Fax 949.474.0902 1 www.rkengineer.com 1 I engineering group, inc. QUALIFICATIONS STATEMENT RK engineering group, inc. uniquely combines engineering expertise and professionalism with creative thinking and innovative problem solving. The result is an extraordinary transportation engineering firm that possesses the requisite expertise as well as the ability to look across disciplinary boundaries for solutions others may overlook. This innovative approach is evident by the breadth of services available to RK engineering group, inc.'s diverse clientele that includes regional governments, counties, cities, special districts, school districts, community associations, private developers and contractors, engineering and planning firms. Each client receives what RK engineering group, inc. is known for ... on time, on target, on budget professional service. THE COMPLETE RANGE OF TRANSPORTATION ENGINEERING EXPERTISE RK engineering group, inc. is a complete transportation engineering firm offering the full range of services including: • Transportation Planning • Traffic Engineering • Traffic Impact Studies • Circulation Elements • Transit/Pedestrian Systems Parking Studies • Traffic Signal and Signing/Striping Plans • Traffic Control Plans • Computer Aided Design RK engineering group, inc. also integrates transportation, air quality and noise impacts into acoustical/air quality engineering services including: • Acoustical Studies • Sound Barrier Analysis Noise Elements • Noise Ordinance Compliance Air Quality Studies THE RIGHT PERSONNEL FOR THE JOB RK engineering group, inc.'s staff represent more than 70 years of cumulative experience in traffic engineering and related disciplines. Beyond this experience, RK engineering group, inc. personnel are recognized leaders in the fields of transportation planning, traffic impact analysis, circulation planning, multi -modal planning, parking studies, and acoustical engineering. The combination of this experience and expertise means that major program assignments and small technical studies are all successfully completed to the satisfaction of RK engineering group, inc.'s clientele. QUALITY WORK ATTRACTS QUALITY CLIENTS Perhaps the best measure of a firm's capabilities is the quality of the clientele it attracts. RK engineering group, inc. is pleased to count among its satisfied clientele the Orange County Transportation Authority, and the Transportation Corridor Agencies as well as the counties of Orange and Riverside. Municipal clients have included the cities of Canyon Lakes, Huntington Beach, Irvine, Mammoth, Mission Viejo, Moreno Valley, Murrieta, Newport Beach, Perris, Rancho Santa Margarita, and San Juan Capistrano. Institutional clientele have included a range of school districts as well as respected institutions like the University of California, Irvine; Pomona College, Western State University College of Law, and California Baptist College. Community Association clients include the CZ Master Association in Coto de Caza, Aliso Viejo Community Association and numerous other associations. RK engineering group, inc.'s client list also includes more than 500 private sector companies ranging from developers and engineers to urban planners. OUR MISSION To work with clients to ensure transportation systems are used to their full potential with minimal impacts. This is accomplished by applying the lessons of the past and innovative techniques to reduce traffic congestion and accommodate alternative transportation modes through effective community design. Page 1 of 3 RK engineering group, inc. QUALIFICATIONS engineering group, inc. TRAFFIC IMPACT ANALYSIS STATEMENT RK engineering group, inc. staff have prepared several hundred traffic impact studies throughout Southern and Central California, as well as Southern Nevada, Arizona and Colorado. Work products provided by the firm includes conceptual planning/feasibility studies or detailed design recommendations. The firm can evaluate both existing conditions and the effects of future development upon infrastructure requirements. RK engineering group, inc. staff have prepared numerous studies in compliance with Congestion Management Program (CMP) requirements. RK engineering group, inc. responsibilities can include representing clients at Board of Supervisors, City Council and Planninglfrafric Commissions meetings; serving as a liaison with company/public agency representatives on technical matters involving traffic impacts; working with County, regional and state agencies to secure government approvals and funding for projects; and interfacing with other firms to provide coordination of engineering/planning and design of projects. CIRCULATION PLANNING RK engineering group, inc. has a broad range of experience including city general plan circulation elements, specific plans, traffic control assessments for special attractions or major events, site access evaluations, traffic management plans and fee program studies. RK engineering group, inc. services include the preparation of neighborhood traffic management plans to reduce volumes on residential streets, minimize vehicle speeds, and address "cut through" traffic issues. Traffic calming solutions which have been addressed include roundabouts, street closures, speed humps, chokers, and access restrictions. TRANSPORTATION DEMAND MANAGEMENT Transportation demand management (TDM) strategies designated for local government action have taken on increased importance in light of federal conformity requirements. Many local governments have adopted trip reduction ordinances to comply with the state and federal mandates. RK engineering group, inc. has prepared TDM plans for industrial, office, retail and residential projects throughout Southern California. RK engineering group, inc. services include the determination of appropriate transportation control measures as well as project - specific implementation and monitoring strategies. TRANSIT PLANNING The increasingly intermodal aspects of regional and local transportation are being addressed by RK engineering group, inc. on an integrated basis. RK engineering group, inc. staff have prepared detailed studies of on -road and rail transit services, including corridors and stations. RK engineering group, inc. has provided assessments of the location, design and travel patterns associated with commuter rail stations in Orange County, San Bernardino County and Kern County. Accommodations for public transportation services, such as bus turnouts and pedestrian access linkages, have been incorporated into many large and small development projects based upon RK engineering group, inc. inputs. PARKING STUDIES RK engineering group, inc. has completed a number of parking studies for residential, commercial and industrial developments. Studies have included evaluating existing parking demand and the assessment of "shared parking" through the use of ULI shared parking evaluation procedures. Parking management plans have been developed to control parking for high parking generators (i.e. large institutional uses and special events including raceways and concerts). RK engineering group, inc. develops creative and innovative methods for maximizing the efficiency of available parking resources. Re-evaluating existing parking facility designs to improve circulation, safety, modify control operations and maximization of parking spaces is also a specialty of the company. ACOUSTICAL ENGINEERING The effects of traffic on noise and air quality are a significant by-product of roadway design. Robert Kahn, P.E. has been designated as a Certified Acoustical Engineer (No. 112-88) in the County of Orange. RK engineering group, inc. services include acoustical studies, truck mix studies, noise control assessments and noise mitigation design. Page 2 of 3 RK engineering group, inc. QUALIFICATIONS engineering group, inc. STATEMENT RK engineering group, inc. uses "state of the art" computer modeling to project noise impacts and also has the equipment to prepare actual field measurements. TRAFFIC ENGINEERING RK engineering group, inc. provides a full range of traffic engineering capabilities including traffic signal warrant studies, weaving analysis, parking area design, signing and striping, traffic signal design, pedestrian/ bicycle studies, and traffic control plans. Work products provided by the firm can include concept plans, improvement plans, construction documents, traffic safety/traffic control studies and recommendations with respect to evaluating traffic control devices and other roadway design features. Traffic design plans are prepared using AutoCAD software to easily interface with other project plans. RK engineering group, inc. can prepare engineering studies to identify appropriate speed limits based upon radar speed surveys. Field review of existing conditions is an important element of the RK engineering group, inc. design process. RK engineering group, inc. responsibilities can include providing complete traffic engineering plans, specifications and cost estimates; evaluating existing traffic conditions, including traffic control devices; recommending appropriate speed limits based upon radar speed studies, accident history and existing physical conditions; reviewing the need for traffic control devices; sight distance evaluations, including before and after project implementation; evaluation of the need for speed humps as an appropriate roadway design feature and other traffic engineering functions. RK engineering group inc TEAM MEMBERS • Robert Kahn, P.E. • Thomas Wheat, P.E. • Rogier H. Goedecke • Allison Kahn Goedecke, M.B.A. • Michael Dickerson • Steve Zevallos • Sorin Boer • Tawny Lambert • Larry Boer • Hasan Bajwa • Lori Curl • Jin Kim, E.I.T. • Roxana Doratt • Wendy Davis • Kerstin Larsen • Ryan Calad Page 3 of 3 RK engineering group, inc. Wednesday, May 09, 2007 a� tam til im li �— _ RK Engineering Group, Inc. Thomas Wheat, P.E. Vice President Thomas Wheat, P.E. Vice President *, Lori Curl Larry Baer I Engineering sst. Engmeer Technician Tawny Lambert Sr. Engineering Steve Zevailos Technician Sr. Engineer .17 EmPlog66�^, �..�..-_. ...... ....._}i Wendy Davis Controller Bob Kahn, P.E. Principal to Roxana Doratt Executive Admin Keratin Larsen Admin Asst Rogier Goedecke Vice President, Operations to Michael Dickerson Acoustical Engineer 1 .___.._____._, ((( ,. ._.._. 1iHasan Bajwa { Larry Boer I t Asst. Engineer t { i Asst. Enginserf Engineering i Transportation Aid Analyst i Gene Kim, E.I.T. Ryan Caled Transportation Engineering Aid Analyst Erika iJoratt AutoCad Specialist �I Vice President (�t Operatt,ns Hasan Bajwa Asst. Engineer Sorin Boer Engineer Allison Goedecke, naA Sr. Tr neralWn Ryan Calad Engineering Aid Gene Kim, E.I.T. Transportation Anal st Exhibit A Billing Rates for RK ENGINEERING GROUP, INC. Compensation for Services The Consultants Billing rates for services are as follows: Position Hourly Rate Principal Associate Principal Senior Associate Associate Principal Engineer/Principal Planner/Principal Designer Senior Engineer/Senior Planner/Senior Designer Engineer/Planner III Engineer/Planner II Engineer/Planner I Assistant Engineer/Planner Transportation Analyst $165.00 $150.00 $140.00 $130.00 $120.00 $110.00 $105.00 $ 95.00 $ 90.00 $ 80.00 $ 65.00 Senior Engineering Technician $ 75.00 Engineering Technician III $ 70.00 Engineering Technician II $ 60.00 Engineering Technician 1 $ 50.00 Engineering Aide $ 45,00 Executive Assistant Administrative Assistant Administrative Aide Clerical Aide General 65.00 50.00 40.00 35.00 (1) Reimbursable direct costs, such as reproduction, supplies, messenger service, long-distance telephone calls, travel and traffic counts will be billed at cost plus ten (10) percent. (2) Hourly rates apply to work time, travel time and time spent at public hearings and meetings. For overtime work, the above rates may be increased 50 percent. (3) Client payment for professional services is not contingent upon the client receiving payment from other parties. (4) Billing statements for work will be submitted monthly. Statements are payable within thirty (30) days of the receipt by client of statement. Any statement unpaid after thirty (30) days shall be subject to interest at the maximum permitted by law. Rev. January 18, 2007 EXHIBIT B EXHIBIT C 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 ri 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 GKFNr:INFF OII nro: n4Ol - - -- ACORD,. CERTIFICATE OF LIABILITY INSURANCE 05118107Om) PRODUCER Dealey, Renton & Associates 199 S Los Rabies Ave Ste 540 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Pasadena, CA 91101 626 844.3070 INSURED RK engineering group, Inc. 3991 MacArthur Blvd., Suite 310 INSURERA: United States Fidelity & Guaranty INSURER B: Travelers Casualty Ins. Co. of Amen INSURERC: St. Paul Fire & Marine Ins. Co. INSURER D: Newport Beach, CA 92660 INSURER E: LUvcR u.. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR rypE OF INSURANCE TR POLICY NUMBER POLITYEFFECTNE PpLA1CYEXPIRATION TE (MWDDfM LIMITS A GENERAL LIABILITY 8KO1226157 10/14/06 10114/07 EACH OCCURRENCE $2 000 000 FIRE DAMAGE (Arryonefire) $300000 X COMM ERCIALGENERAL LIABILITY . MED EXP(Any one person) $10000 CLAIMS MADE OCCUR PERSONAL &ADV INJURY $2,000,000 GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS-COMPIOP AGG $4000000 PRO- POLICY IFCT LOC A IAUTOMOSILELIABILITY BKO1226157 10f14106 10/14/07 COMBINED SINGLE LIMIT $1r600r000 IY—ANY AUTO (Ea evident) BODILY INJURY (Per pemon) $ ALL OWNED AUTOS SCMEOULEDAUTOS BODILY INJURY $ X HIREDAUTOS X'NON-OWNED AUTOS f,. ,t� F nn (Per accident) PROPERTY S (Per ac dentOAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC S ANY AUTO ...� r t J ,. S LI ,C.t LIUf',Cy AUTO ONLY; AGG E%CESS LIABILITY �55`S " EACH OCCURRENCE $ AGGREGATE S �I OCCUR El CLAIMS MADE $ H DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND 5276Y46607 01101/07 01/01108 X WCSTATU- OTH. E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 professional QP03$11574 01101/07 01/01108 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS)LOCAnONSNEHICLESR CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 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. (See Attached Descriptions) City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Of 2 AS1932471M181903 SH OULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VArXRK)MM TOMAIL 3D—DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLD ER NAMED TOTHE LEFT TLV a ACORD j DESCRIPTIONS (Continued from Page 1) SEPARATION OF INSUREDS: Except with respect to the Limits of Liability In this Liability Coverage Part and any rights or duties specifically assigned in this Liability Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom the claim is made or suit is brought. AMS 25.3 (07197) 2 of 2 #S1932471M181903 Named Insured: RR engineering group, inc. Policy Number: BKO1226157 Owner, Lessee Or Contractor - Scheduled Person Or Organization ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. Owners, Lessees Or Contractors - Scheduled Persons Or Organizations Schedule Name of Person or Organization: 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. SEPARATION OF INSUREDS: Except with respect to the Limits of Liability in this Liability Coverage Part and any rights or duties specifically assigned in this Liability Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom the claim is made or suit is brought. Location of Covered Operations: All Operations of the Named Insured The following is added to SECTION II. WHO IS AN INSURED, 2: Owner, Lessee Or Contractor - Scheduled Person Or Organization Each person or organization shown in the Owners, Lessees Or Contractors - Scheduled Persons Or Organizations Schedule, but only with respect to that person's or organization's liability arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: (1) "Bodily injury", "property damage", "personal injury" or "advertising injury" that does not arise out of your negligence; (2) 'Bodily injury", "property damage", "personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of that contract or agreement; (3) "Poperty damage" to: (a) Property owned, used or occupied by or loaned or rented to such person or organization; CUBF 22 40 11 02 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright, Insurance Services Offlce, Inc., 2001 (b) Property in the care, custody or control of such person or organization over which such person or organization is, for any purpose exercising physical control; or (c) "Your work" performed for such person or organization; (4) "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service" when such person or organization is an architect, engineer or surveyor; or (5) "Bodily injury" or "property damage" that occurs after "your work" for such person or organization has been completed. "Your work" will be deemed completed at the earliest of the following times: (a) When all of the work on the project to be done at the Location of Covered Operations shown in the Owners, Lessees or Contractors - Scheduled Persons Or Organizations Schedule has bee completed; or (b) When that part of the work out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization, other than another contractor or subcontractor working on the same project. "Your work" that may need service, maintenance, correction, repair or replacement, but which is otherwise deemed completed above, will also be deemed completed. All other terms of your policy remain the same. CLJBF 22 40 1102 Includes copyrighted matena) of Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2001 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. 5276Y46607 Issued to: RK engineering group, inc. By: Travelers Casualty Ins. Co. of Ameri Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Schedule The City of Santa employees, agents, representatives Job Description Ana, its officers, volunteers and WC 04 03 06 Countersigned by (Ed. 4-84) Authorized Representative Pulicylumber. BKO1226157 Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART 1 The following replaces the final paragraph of SECTION II. WHO IS AN INSURED,1,: However, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Liability Coverage Part Declarations. This provision does not apply to you, for your participation in any past or present "unnamed joint venture or if that person or organization is otherwise an insured under Paragraph 2. below. 2. The following is added to SECTION II. WHO IS AN INSURED,2.: Person Or Organization Required By Written Contract Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is first committed, but only with respect to that person or organization's liability arising out of 'your work" for that person or organization. However, such person or organization is not an insured with respect to any: (a) Your negligence; or (b) The negligence of another person or organization for whom you are liable: (2) "Bodily injury", "'property damage personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) "Property damage' to: (al Property owned, used or occupied by, or loaned or rented to, such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; or (c) "Your work" performed for the insured; or (4) "Bodily injury', 'property damage', personal injury" or "advertising injury' arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional ,service', when such person or organization is an architect, engineer or surveyor. (7) "Bodily injury', "property damage", 'personal injury' or "advertising Injury" 3. The following is added to SECTION II, WHO IS AN thatdoes not arise out of: INSURED. C-.;3r 76 19 09 63 noudes ropg ghted natar !a. at moranre Spov ces elrce w I Is r , n ss nn. Page , of 3 Copyr.ght, nsurancc Serrras office, nr.. 700', "Unnamed Joint Venture" You are an insured for your participation in any pastor present "unnarredjoint venture' However, you are not an insured it the 'unnamed joint venture' has: a. Direct employees, or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed joint venture' is an insured. 4 The following replaces SECTION 111. LIMITS OF LIABILITY, 2. b.. b. Will apply separately to the sum of ah. (1) Damages because of "bodily injury' and ,property damage', under SECTION I. COVERAGE, A. Liability above; and (2) Medical payments for "bodily injury", under SECTION I. COVERAGE, B. Medical Payments above; arising out of each location listed In the Schedule of Premises or each of "your projects"; and 5. The fallowing replaces SECTION IV. CONDITIONS, 5. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non- contributory with, 'other insurance" issued directly to a person or organization added as an additional insured under SECTION It. WHO IS AN INSURED,2.. (a) Paragraph h. Certain Additional Insureds By Contract or Agreement; or (b) Persons Or Organizations Required By Written Contract; insurance'. This insurance will then be applied as prmary insurance for damages for "bodily injury', 'property damage', personal Injury' or "advertising injury' to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such 'otherinsurance' B The following Is added to SECTION IV, CONDITIONS, S. "Other Insurance', b. Excess Insurance: This insurance is excess over any "other insurance" whether primary, excess, contingent or on any other basis that is available to you for your participation in any pastor present "unnamed joint venture'. 7 The following is added to SECTION IV. CONDITIONS, 8. Transfer Of Rights of Recovery And Proceeds Against Others To Us: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under the Paragraph Person Or Organization Required By Written Contract of SECTION 11. WHO IS AN INSURED, 2.: a. Because of payments we. make for 'bodily njury", 'property damage', "personal injury' or "advertising Injury' arising out of "your work" to ongoing operations or included in the 'products -completed operations hazard and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or 'property damage' occurs or the offense that causes the "personal injury" or "advertising injury° is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such parson or organization, it you specifically agree, in that written 8. The following are DEFINITIONS: contract or agreement, that this insurance must be, primary to, and non- contributory with, such other L/ i9 70 0e 09 all ar,:arles cap,,-gotm maw, a: of osmance Services Cflce h III es percr'ss.on. Lnpynpin, mwaoce so cee off ce. tr.. 700' added to SECTION V. Papa 7 of 3 Dealey, RL..aos] lC Associates Insurance Brokers December 6, 2006 Attn: Insurance Compliance y r # Re: RK engineering group, inc,x To Whom It May Concern: Please see the attached certificate of insurance for the above named insured. The insured does not own vehicles. Therefore, the only liability coverage available is the Hired and Non -owned Automobile Liability listed on the certificate. I have enclosed a copy of a letter from the insured stating that there are no owned vehicles for your file. Please call if you have any additional questions, I can be reached at 626-844-3070 X223 or tvinther@insdra.com. Sincerely, Traci Vinther Account Assistant for Mary Le Account Manager 199 South Los Robles Ave Suite 540 Pasadena CA 91.01 'Eel 626 C-1,0070 Fax 626 844.3074 wi«v.desl eprenton.rnm Offices in Oakland CA Pusadena CA S, ita .Ana CA License #00204:39 A, &SOP Company EMengineering group, inc. transportation planning • traffic engineering acoustical engineering • parking studies B. Traci L. Vinther Account assistant License No. OF14262 Dealey, Renton & Associates 199 S. Los Robles Ave., Suite 540 Pasadena, CA 91101 December 4, 2006 To whom it may concern; RK Engineering Group Inc. does not own any vehicles / autos. Sincerely; Rogier Goedecke Vice President, Operations 3991 macarthur boulevard, suite 310 newport beach, califomia 92660 tel 949.474.0809 fax 949.474.0902 http•JAvww.rkengi neer com I t A-wo-I-I(0(0 DATE (MMIODIYY) 10116/07 Client#: 8451 ATE OF LIABILITY INSURANCE Q,M CERTIFIC THIS CERTIFICATE I5 ISSUED AS A MAI ICR �+� , EXTEND OR •R UCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFIC Dailey, Renton &Associates pLTERRTHEH COVERACERT'GE AFFORDED B THE IS A POTE DOES NOT DICIES BELOW. 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 INSURERS AFFORDING COVERAGE 626 844.3070 INSURER A. Travelers Indemnity Co. of Connectic INSURED group, inc INSURERS. Travelers Casualty Ins. Co. of Ameri RK engineering9 p, 3991 MacArthur Blvd., Suite 310 INSURER G. St. Paul Fire &Marine Ins. CO INSURER D, Newport Beach, CA 92660 11e1 oc� P COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INNAMED ABOVE FOR THE POLICY PERIOD IND (GAT ED NOTWITHSTANDIN ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E%CLUSIONS AND CONDITIONS OF SUCH _�� POLICY EFFECTIV (POLICY EXPIRATION LIMITS POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. MMIDOIYVI MMIODIVYI iSRR TYPE OF INSURANCE 10114107 10114106 $5O OOO 6805429L154 FIRE DAMAGE (Any ono fire) A GENERAL LIABILITY MED EXP(Any one person) $5000 X COMMERCIAL GENERAL LIABILITY PERSONAL S ADV INJURY $2�000 OOO CLAIMS MADE OCCUR _ GENERAL AGGREGATE $4 OOyOO —_ PRODUCTS .COMPIOP AGG $4 00O 0000 E S PER. GEN L AGGREGATE LIM IT APPPLIIEI l PRO- LOG POLICY E T 10114107 10114108 COMBINED SINGLE LIMIT 82,000rOOO BA5429L603 e eccitleM) ISee. /.t AUTOMOBILE LIABILITY ANY AUTO BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY 8 (Per=H.nl) X HIREDAUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per aodtlenU AUTO ONLYEAACCIDENT $ GARAGE LIABILITY A ACC OTHER THAN $ AUTO ONLY. qGG $ ANY AUTO EACH OCCURRENCE— $ EXCESS LIABILITY AGGREGATE S' — occuR CLAIMS MADE -- $—_ 8 DEDUCTIBLE WG STA TU OTH- X RETENTIDN $ 01101/07 0v0110s -- nnn.Dl YEIMPLOYERCSOL'�'LTEY ORKERSOMPENSATION AND Oir w,-<v...' E L. cAt,^ ���'�""'EL DISEASEEALO$ E LDISEASE POLICY LIMIT $ 01101107 01101108 81,000000 per claim THER prfessional QP03811574 $2,000,000 annlaggr lability DESCRIPTION OF OPERATIONSILOCATIONSIVEHILLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS j The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insured as respects generalliability for claims arising from the operations of the named insured. )cTJTTJ Attached Descriptions) City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ,000 0000 GArv�a�n, •H• SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TDR1E5 IR iTEN DATE THEREOF, THE ISSUING INSURER Wlp{XPd9 TOMAIL3D—_ NOTICETOTIIE CERTIFICATE HOLDERNAMED TOTHE LEFT)MI M `/ TLV ©ACORD CORPORATION 1988 ACORD 25-S (7197)1 of 2 #52073521M207348 DESCRIPTIONS (Continued from Page 1) SEPARATION OF INSUREDS: Except with respect to the Limits of Liability in this Liability Coverage Part and any rights or duties specifically assigned in this Liability Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom the claim is made or suit is brought. 85.3 (07197) 2 of 2 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. needs to be completed only when this endorsement is issued subsequent to preparation of the policy (The following "attacking clause'.) This endorsement forms a part of policy No. 5276Y46607 Issuedto: RK engineering group, inc. By. Travelers Casualty Ins. Co. of Ameri Premium (if any) TBD ry right ave a right to ecover or our pa ationtnamedmens fromain thenyone Schliabedule. (Thlse for an uagreeme covered applies onby this lly to the exte t that you e will not enforce our perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. dorsement shall be 2-5% of the California workers compensation premium otherwise The additional premium for this an due on such remuneration. Schedule Job Description Person or Organization City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 The City of Santa employees, agents, representatives Ana, its officers, volunteers and `Ma-�--q 6. X-P Countersigned by Authorized Representative WC 04 03 06 (Ed. 4-84) COMMERCIAL GENERAL LIABILITY ISSUE DATE: 10/16/07 POLICY NUMBER: 6605429L154 THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT CHANGES ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies COMMERCIAL GENERAL rLIABILance Lrovided under the following: LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 PROJECTILOCATION OF COVERED OPERATIONS: All operations of the Named Insured 1. WHO IS AN INSURED (Section 11) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage' or "personal injury'. and If the injury or damage arises out of the per- formance by you or your subcontractor, of "your work" on or for the project, or at the lo- cation, shown in the Schedule above. Such person or organization does not qualify as an additional insured with respect to theirind- pendent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement 2. The insurance provided to the additional insured by this endorsement is limited as follows: he render- ing This insurance does not applyo of or failure to render any "professional services". b. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in a "contract or agreement requiring insurance" for that additional in- sured, or the limits shown in the Declarations Pa rt whichever are less This endorsement does not increase the lim- its of insurance stated in the LIMITS OF IN- SURANCE (Section III) for the Coverage Part. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still Is excess over valid and collectible other insurance, whether primary, excess, contingent or on any for this Coverage , CG 03 82 09 O6 2006, The S[. Paul Travelers Insurance Companies, Inc Includes copyrighted material of Insurance Services offices, Inc. with its permission Page 1 of 2 COMMERCIAL GENERAL LIABILITY other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. 4. The following is added toParagraph a. Trrs ansfer Us Of Rights Of RecoveryAgainst in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury","property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedour ule un- above, performed by you, or on y der a "contract or agreement requiring insurance' with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury -'offense is committed. 5. As respects the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad ditional insured on this Coverage part, provided that the "bodily injury' and "property damage" of- curs, and the "personal injury' is caused by an fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same, its officers, employees, agents, volunteers and The City of Santa Ana, acts general from the operations of the named insured. representatives are named as additional insured as re liability for claims arising Except with respect to the Limits of e Part and any rights or duties SEPARATION OF INSUREDS: Co part to the first Liability in this Liability Coverage Coverage specifically assigned in this Liability applies: a. As if each Named Insure were the only Named Insured; and b. Separately to each insured Named Insured, this insurance against whom the claim is made or suit is brought. CG 33 62 09 06 2006,The St. paul Travelers Insurance companies, Inc emiss,on. page 2 of 2 ri htetl material of Insurance Services office, Inc, with its p includes way9