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HomeMy WebLinkAboutKOA CORPORATION (KATZ, OKITSU & ASSOCIATES)City of Santa Ana �- Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. The agreement with No. A -c200 7— OS 9 (i) C#tv- was completed on and final payment has been made. Department: Phone/Ext.: Signature: Date: Revised 07-23-07 RECEIVED SEP 0 6 2007 NTMN�ilf WT CITY :- � T A A CLERK O COUNICIL M INSURANCECA"" WORK MAY PRa, E 0 A-2007-159 UNTIL INSURAN( :XPIRES L-E- o 0U ""'SEP 6 2007 Cr. P40A (2' CONSULTANT AGREEMENT Tonic, Zer)DA THIS AGREEMENT, made and entered into this 18t" day of June, 2007 by and between KOA CORPORATION, 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 traffic/ transportation technical study services related to analyses of 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, which writing sets forth a specific budget for each project. 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 C 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: (1) 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. 7. 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 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. 8. 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 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: KOA Corporation 17852 E. Seventeenth Street, Suite 102 Tustin, CA 92780-2142 Telefacsimile: (714) 573-9534 Attn: Rock E. Miller, P.E. Vice President 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 party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement 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: PATRICIAE. 11EALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER CiWnt BLA Attorney CITY OF SANTA ANA DAVID N. City Manager KOA CORPORATION ROCK E. M LRk, P.E. Vice President Tax ID# (A"4; -1 "1 m $ 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 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 OWKatz, Okitsu & Associates 01.10 Planning and Engineering May 31, 2007 17852 E. Seventeenth St. Suite 102 City of Santa Ana Tustin, CA Planning Division 92780-2142 20 Civic Center Plaza, M-20 714.573.0317 Santa Ana, California 92701 fax: 714.573.9534 Attention: Pedro Guillen, Associate Planner koaoc@katzokitsu.com Subject: STATEMENT OF QUALIFICATIONS for the City of Santa Ana www.katzokitsu.com Environmental Consultants - Traffic Dear Mr. Guillen: KOA Corporation (KOA) is submitting our proposal for consideration to provide various traffic/transportation services for the City of Santa Ana. We are interested in performing the necessary services for Environmental Consultants — Traffic and submit this proposal accordingly. Los Angeles We do have extensive experience in providing all necessary traffic engineering services 323.260.4703 for Cities. Some recent relevant projects include: fax: 323.260.4705 4, On -Call Contract for Traffic Signal Design Services with the City of Anaheim Since 1991 Oakland 4. On -Call Transportation Engineering Services for the Cities of Corona, Diamond 510.839.0061 Bar, Irvine, Mission Viejo, Port Hueneme, South Pasadena, Tustin, and Yorba Linda fax: 510.834.0964 4,, On -Call Traffic Engineering Design Services for the County of Ventura 14� Consulting City Traffic Engineer for the Cities of Malibu and Pomona Ontario KOA has earned a reputation for high quality work, fulfillment of deadlines, and 909.890.9693 reasonable costs. The firm employs over 80 persons at its offices in Tustin, San Diego, fax: 909.890.9694 Ontario, Oakland, and Monterey Park. Our Tustin office will manage this project. I will be the Primary Contact for this project. Other key project staff members who San Diego have experience working with projects of these types will prepare the technical 619.683.2933 materials and documents required for the contract. Key staff members that have been fax: 619.683.7982 assigned to the position of contacts are: 4, Rock Miller, P.E. PTOE, Firm Principal Rmiller(cDkatzokitsu.com 4. Julia Wu, P.E., Senior Transportation Engineer lwu(a)katzokitsu.com da Mr. Ronn Knox, Associate Planner Rknox(cDkatzokitsu.com .i- Mr. Joel Falter, Firm Principal Ifalter(a)katzokitsu.com G.\2007\Quals\SA_On-Call.MA73098.doc EXHIBIT A l Katz, Okitsu & Associates Planning and Engineering The contact information for all of the above is 17852 E. Seventeenth Street, Suite 102, Tustin, California 92780-2142, Telephone: (714) 573-0317, Facsimile: (714) 573-9534. 17852 E. seventeenth St. I have full access to all of the staff resources of this office, as well as the ability to obtain Suite 102 additional resources from other company offices, if necessary to meet special needs or Tustin, CA tight deadlines. 92780-2142 714.573.0317 The firm has insurance coverage in the following areas: Professional Liability ($2 million), fax: 714.573.9534 Automobile Liability ($1 million) and General Liability ($5,000,000). Our Worker's koaocCompensation coverage meets the insurance requirements of California State law, and www. atzokitsu.cocom we can meet the normal contractual requirements of most public agencies and large www.katzokitsu.com firms. All requested information is presented in the attachment to this letter. This statement of qualifications was made without collusion with any other firm (or persons), that it is in all respects fair and in good faith without falsehood, and that I (and one other Firm Principal) am authorized to bind the firm to any contracts and agreements. KOA Corporation looks forward to working with the City of Santa Ana on this important contract. This proposal is valid for 90 days. If you have any questions or Los Angeles comments, please contact me at (714) 573-0317. 323.260.4703 fax: 323.260.4705 Please be aware that in May 2007, our firm officially changed its name from Katz, Okitsu & Associates to KOA Corporation. Oakland Sincerely, 510.839.0061 fax: 510.834.0964 Ontario Rock E. Miller, P.E. 909.890.9693 Vice President fax: 909.890.9694 San Diego 619.683.2933 fax: 619.683.7982 G.120071QualsUWA73098 - SA On-Ca1ASA_0n-Ca11.MA73098.doc 2 STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA FOR ENVIRONMENTAL CONSULTANTS -TRAFFIC Table of Contents 1— Cover Letter.............................................................................................................. 1 Tableof Contents........................................................................................................... 3 2 — FIRM & PERSONNEL EXPERIENCE.......................................................................... 4 INTRODUCTION............................................................................................................................................... 4 FIRMOVERVIEW.............................................................................................................................................5 FIRMRESOURCES...........................................................................................................................................5 QUALITYCONTROL........................................................................................................................................ 6 OUR STRENGTH IN SPECIALTY AREAS........................................................................................................... 6 ORGANIZATION CHART.................................................................................................................................. 8 STAFFAVAILABILITY..................................................................................................................................... 8 KEYPERSONNEL.............................................................................................................................................9 3 — LIST OF PROJECTS .................................................................................................11 4 - REFERENCES ..........................................................................................................14 5 — APPROACH (SCOPE OF SERVICES)........................................................................14 StudyScope...............................................................................................................................................14 Data Collection & Field Review...............................................................................................................14 ReportPreparation...................................................................................................................................1 S Mitigation..................................................................................................................................................1 S Submittal & Review of Report............................................................. ProjectSupport.........................................................................................................................................16 6 — GENERAL FEES & TIME SCHEDULE......................................................................16 FEESTRUCTURE...........................................................................................................................................16 CONTRACTSCHEDULE..................................................................................................................................17 7 - CONCLUSION ..........................................................................................................17 INDEMNIFICATION........................................................................................................................................17 INSURANCELIMITATIONS.............................................................................................................................18 CONCLUSION................................................................................................................................................18 -our Katz, Okitsu & Associates Planning and Engineering 3 STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA FOR ENVIRONMENTAL CONSULTANTS -TRAFFIC 2 - Firm & Personnel Experience INTRODUCTION The City of Santa Ana has circulated a Request for Qualifications for Environmental Consultants that will provide environmental services for the City's Planning Division. The City's scope of work may include any and all work efforts related to analysis of a proposed project for compliance with CEQA and NEPA guidelines. KOA Corporation (KOA) is proposing to provide consulting services for the line item "TRAFFIC." KOA is highly qualified to provide the required services. Mr. Rock Miller manages our firm's Orange County Office. Mr. Miller served as the City Traffic Engineer for the City of Costa Mesa for over eight years, and he has gained an additional 18 years of experience in traffic engineering consulting since leaving that City. Additional staff, including Julia Wu, P.E., Ronn Knox, and Joel Falter has combined experience of over 60 years for municipal experience in our firm also adds to our general knowledge. Our firm, especially our nearby Orange County office, currently provides general on -call traffic engineering services for several communities, including Newport Beach, Anaheim, Tustin, and Mission Viejo. The staff members who provide services for these Cities would be assigned and available to Santa Ana. We are also frequently retained by other Cities for specialized projects that rely upon our "municipal" approach. We invite the City of Santa Ana to contact a reference for any of our projects for an independent assessment of our firm's capabilities. KOA has extensive experience in all of the areas identified in the discussion above, as well as in other areas that are of great value to municipalities but not possessed by all small traffic engineering firms. We have a reputation as an innovative firm that can undertake a wide variety of municipal tasks and produce a strong record of success. Our recent projects (all completed by the Orange County office staff) illustrate our diversity and unique capabilities. Here are some examples of projects that illustrate our wide and unique capabilities. ,i- We have completed numerous General Plan studies over the past 20 years. 4- We conducted 8 workshops and facilitated a successful neighborhood traffic management plan for one of the oldest neighborhoods in Downtown Culver City. 4- We refined the Ventura County's computerized Traffic Forecasting Model to properly analyze several controversial roadways that are being closely reviewed by the Board of Supervisors. We also designed safety improvements on one of these roadways in response to a tragic and controversial fatal accident. 4- We are working with St. Jude's Hospital to process a Master Plan and design traffic improvements for their regional hospital in Fullerton. 4- We sponsored, organized, and presented at a "Designing Streets for Pedestrians" seminar that was attended by over 80 persons throughout Orange County and beyond. uKatz, Okitsu & Associates Planning and Engineering 4 STATEMENT OF QUALIFICATIONS a TO THE CITY OF SANTA ANA "~ FOR ENVIRONMENTAL CONSULTANTS -TRAFFIC FIRM OVERVIEW Founded in 1987, KOA Corporation (KOA) provides planning and engineering consulting services to the public and private sectors. The firm specializes in transportation planning, traffic engineering, street and roadway design. KOA has over 80 employees including Transportation Planners and 15 registered Civil and/or Traffic Engineers. KOA is a regional firm, based in Southern California. Work for the City of Santa Ana will be performed at our Tustin office. KOA has been involved in many of the largest public works and transit planning projects in Southern California. Our professional planning and engineering staff members are available to provide the City of Santa Ana the following services: AREAS OF EXPERTISE INCLUDE: 4, Transportation Planning 4. Traffic Calming Traffic Impact Analysis 4- Circulation Analysis d;� Traffic Signal Design * Work Site Traffic Control Design Street Lighting Design # Signing & Striping Design 4, Signal Timing & Operations 4- Parking Studies a:. Intelligent Transportation Systems Studies & Design 4k Rail Transit Studies 4-L Bikeway & Pedestrian Walk Design •:,. Pedestrian Safety Studies alp- Street & Highway Design 4- Highway & Infrastructure Design 4- Geographic Information Systems This firm ensures that all staff maintain current working knowledge in the latest computer software applications involving micro -level traffic analysis, traffic simulation, project controls, word processing, GIS software, and data analysis. We also have strong capabilities, utilizing both Intergraph MicroStation and AutoCAD. KOA Corporation has been using CAD design software since its establishment in 1987. uKatz, Okitsu & Associates Planning and Engineering 5 STATEMENT OF QUALIFICATIONS .�_ TO THE CITY OF SANTA ANA FOR ENVIRONMENTAL CONSULTANTS -TRAFFIC QUALITY CONTROL KOA Corporation has recently adopted new Total Quality Management (TQM) techniques through its in- house Quality Control (QC) program. This program is an ongoing business commitment of the firm, to train and reinforce the constant awareness of each and every employee, of the necessity to produce defect free work. The QC is made up of a cross-section of KOA staff to evaluate, develop and implement solutions through the company's policy and procedures to improve service to our clients. That commitment is built into every product on a daily basis, rather than to rely solely on periodic reviews. In addition, we emphasize specific quality control projects at different levels of completion by: 4;- Designating a single contact manager for particular on -call projects 4- Supporting all work efforts with a team that is comprised of veteran project managers 4. Assigning key task development responsibility to individual firms as necessary 46, Utilizing past relationships that have been established on engineering and planning projects on other projects Key elements of our work management plan, cost control and reporting and quality assurance are briefly highlighted below. 4, Work management plan - designation of Rock Miller as the primary point of contact for KOA, and the team. 4- Cost control and reporting - weekly updating of project budgets, scheduling project conferences, as needed with the City staff and consolidating all subconsultant invoices into one monthly progress report to be submitted. KOA Corporation has extensive experience in civil engineering design, traffic engineering and transportation planning studies in Southern California. We offer a complete range of design services and specialize in traffic signalization studies, signing and striping and conceptual design projects, capacity/level of service analysis, environmental impact studies, and traffic impact studies. INTERSECTION & STREET ANALYSIS Perhaps the most frequently occurring need for traffic engineering services relates to requests and inquiries to research changes in traffic control for streets or intersections based upon inquiries by residents, City officials, or other persons. KOA is highly qualified to complete this type of analysis and provide recommendations that will address relevant conditions, resolve the inquiry, and result in possible changes in traffic control that will facilitate the goals of the City. These inquiries can range from the need for additional �� AG1NN.t1TAN 66AGN traffic controls at intersections (traffic signals, multi -way stops) to the need to address traffic or speeding uKatz, Okitsu & Associates Planning and Engineering 6 7 A STATEMENT OF QUALIFICATIONS ,�. TO THE CITY OF SANTA ANA FOR ENVIRONMENTAL CONSULTANTS -TRAFFIC problems on local streets. Our firm is widely regarded for our ability to provide solutions to these problems that meet the approval of the City and its residents, while remaining within accepted guidelines and established budgets. Many of these studies require the knowledge to assess existing conditions in relation to accepted warrants for new traffic controls. Technical knowledge is important; however additional skills in facilitation and the ability to generate unique solutions are equally important to this type of task. TRAFFIC FORECASTING Government agencies and private owners are often required to forecast the numbers and driving habits of drivers on area streets and highways. This information is used to update signal, road, and signing and striping design as well as aid in the development of policy and growth management plans. KOA routinely provides forecasts for a variety of clients. Using the latest software equipment and traffic forecasting techniques, our engineering staff can predict and provide analysis and mitigation measures for future utilization. TRAFFIC ENGINEERING DESIGN KOA is well known for applying the specialized attention needed for proper traffic signal and lighting design. Our emphasis is to collect accurate "as -built" information, by means of meticulous field investigations. The principals of the firm have been responsible for the design of over 2500 intersections in Southern California. Our firm sends experienced field personnel to the job site to do an inventory of existing signal equipment, existing geometric roadway information, location of above -ground and subterranean utilities, location of possible electrical service points, and location of existing or proposed traffic signal interconnect. Past traffic signal designs have conformed to the standards used by most Southern California regulatory agencies and city and regional governments. KOA has prepared signing and striping plans for all types of highways, ranging from rural roads to freeways. Our staff conducts extensive field investigations and gathers "as -built" information prior to any signing and striping design work. We then review the traffic study for the project, if available, to determine the appropriate lane configuration, reassessing the lane requirements as needed. A registered civil or traffic engineer checks final plans, specifications, and estimates before being submitted to the agency or client. Our firm has been a frontrunner in performing signing and striping design using AutoCAD (Computer Aided Design). Our customized CAD menus are compatible with agency requirements such as those set by Caltrans. MKatz, Okitsu & Associates Planning and Engineering 7 I STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA FOR ENVIRONMENTAL CONSULTANTS -TRAFFIC ORGANIZATION CHART The Organization Chart delineates communication/reporting relationships and specific assignments for key individuals proposed for this contract. All named persons within this chart have resumes in the Appendix. CITY OF SANTA A'NA Planning Division PROJECT MANAGER �'" Rock Miller, P.E., PTOE' ' Vice President / Firm Principal QUALITY CONTROL Joel Falter Vice President / Firm Principal PROJECT PLANNER Ronn Knox Associate Transportation Planner ENGINEERING SUPPORT Julia Wu, P.E. Senior Transportation Engineer STAFF AVAILABILITY OTHER SUPPORT Assistant Planners, CAD Technicians, & Clerical Staff The professionals proposed for this contract have been identified for their ability to meet anticipated program needs and to support the project's staffing requirements in a timely and thorough manner. The City of Santa can rest assured that all identified "key" staff will be assigned for any task or study under this contract. Personnel Rock Miller, P.E. PTOE, Firm Principal Julia Wu, P.E., Senior Transportation Engineer Mr. Ronn Knox, Associate Planner Mr. Joel Falter, Firm Principal Dedicated to Contract 15% 10% 25 5% Katz, Okitsu & Associates Planning and Engineering 8 STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA FOR ENVIRONMENTAL CONSULTANTS -TRAFFIC 4 - References . Mr. Terry Lutz, Principal Engineer, City of Tustin, 300 Centennial Way, Tustin, CA 92780; tel: (714) 573-3263. 2. Ms. Shirley Land, Traffic Engineer, City of Mission Viejo, 200 Civic Center Drive, Mission Viejo, CA 92691; tel: (949) 470-3069. 3. Mr. Adolfo Ozaeta, Associate Civil Engineer, City of Westminster, 8200 Westminster Boulevard, Westminster, CA 92683; tel: (714) 898-331 1; tel: (714) 667-2700. 4. Mr. John Lower, Traffic and Transportation Manager, City of Anaheim, 200 S. Anaheim Boulevard, Anaheim, CA 92805; tel: (714) 765-5183. S. Mr. Charles Herbertson, Public Works Director, City of Culver City, 9770 Culver Boulevard, Culver City, CA 90232-0507; tel: (310) 253-5630. 5 —Approach (Scope of Services) KOA is providing a typical work approach for the City's RFQ in handling the preparation of traffic impact studies for Environmental Impact Reports (EIR). Study Scope KOA will calculate daily and peak hour trips for the Project based on the Institute of Transportation Engineers Trip Generation Manual, Seventh Edition and previous trip generation experience. We will then distribute the trips generated to determine if any intersections will be impacted by the proposed project. Guidelines require analysis of any intersection of two CMP routes with a 50 trip hourly increase. Peak -hour traffic counts will be furnished for the AM and PM peak hours at all locations required by the City and CMP guidelines, except where recent count data is available. Intersection traffic analysis will be based upon the City -approved methodology, unless told otherwise. KOA will •perform the analysis for the surface street network using the TRAFFIX software. Data Collection & Field Review Morning (7-9 am) and Evening (4-6 pm) peak period intersection turning movement counts would be collected for all intersections meeting the criteria as determined in "Study Scope." If necessary, 24-hour traffic counts will be obtained at potentially impacted locations throughout the project vicinity. Counts will be taken by personnel of KOA or by a traffic count specialist, depending upon project location, scheduling, and availability. These counts would be billed on a time -plus -expenses basis. KOA will also review the location and intersections in the field to observe and inventory roadway geometrics, existing traffic operation, and relevant information during peak hours. uKatz, Oldtsu & Associates '�` Planning and Engineering EX H I B I I B 14 STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA FOR ENVIRONMENTAL CONSULTANTS -TRAFFIC Report Preparation KOA will prepare a traffic study that will include the following (at a minimum): 1. Existing Conditions II. Project Related Traffic Volumes III. Interim Analysis - based on the Various Phases (If Applicable) IV. Ultimate Build -Out Scenario V. Traffic Impact Analysis 4 Existing Conditions .4 Opening Year with + without the Project • Opening Year with the Project with Mitigation (if needed) • General Plan Build -out with + without the Project General Plan Build -out with the Project with Mitigation (if needed) VI. On -site Circulation VII. Mitigation Measures (If Necessary) VIII. Specific Analysis IX. General Issues X. Conclusions The study will address traffic conditions at all relevant intersections required by the County Congestion Management Plan and City guidelines. Mitigation Mitigation measures will identify project -related traffic impacts based on a comparison of the results of LOS analyses between the applicable scenarios listed above. Project impacts will be based on City's standards and will be identified based on the various project phases and the full build -out scenario. As appropriate, mitigations measures designed to reduce potential circulation impacts to acceptable levels will be identified. Evaluation of potential mitigation measures and an analysis of their effectiveness will be provided. The mitigation measures section should include potential impact on adjacent properties; schematic drawing illustrating said impacts and the possibility of property takes, if applicable. If necessary, KOA can develop and provide conceptual mitigation measures through restriping, signal modifications, or turning lanes. Any mitigation measure will include a discussion regarding feasibility of the implementation of said measures including potential right-of-way acquisition, parking prohibition/restriction, specific movement restrictions, and cost estimate of said measures. Mitigation measures will be shown on a scale graphical drawing. The City of Santa Ana does not need full-scale drawings, but they need conceptual figures in sufficient detail to relay visual looks to the reader to understand the exact nature of the mitigation measure (i.e. drawn on an aerial photo). If mitigation requiring physical road construction at any location is required, field surveys and site -specific civil engineering feasibility studies will be required. These may be prepared by KOA or others and are excluded from our scope of services. UKatz, Okitsu & Associates Planning and Engineering 15 STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA FOR ENVIRONMENTAL CONSULTANTS -TRAFFIC Submittal & Review of Report Advance copies of the completed traffic study would be submitted to you for initial review. Upon your approval, the study would then be submitted to the City as directed. Any proper or reasonable revisions will be incorporated into the traffic study in order to be fully responsive to the Scope of Services. Reasonable revisions include any corrections to the report within the general scope of work, but exclude any traffic data collection or analysis at any locations except as specified in our proposal. Project Support KOA will furnish the following additional services: Orr Estimates of project related traffic and daily traffic increases will be made available as soon as possible. This will facilitate Air Quality and Noise Analysis. 4- We will assist as required to incorporate our report into the EIR. +k We will assist in addressing any comments that relate to traffic and circulation issues, following circulation of the screen check or the draft EIR. 4k KOA will be available to responsible parties to discuss traffic aspects of the project from our offices, as needed throughout the project. 6 - General Fees &Time Schedule The labor rates are based on the following billing rate summary and general provisions seen below: CEO / President $230/hour Firm Principal / Vice President $210/hour Senior Transportation Engineer / Designer $175/hour Associate Engineer $110/hour Associate Designer / Planner $105/hour Assistant Transportation Engineer / Planner $90/hour Draftsman (ink) $95/hour Technician $85/hour Administrative Assistant $65/hour Messenger/Intern $55/hour GENERAL PROVISIONS Telephone, equipment, and fax are normally included in above hourly costs. Direct expenses including blacklining, commercial CAD plotting, subconsultant expense, issuance of specially endorsed insurance Katz, Olatsu & Associates Planning and Engineering 16 i I i I STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA FOR ENVIRONMENTAL CONSULTANTS -TRAFFIC certificate, and direct costs, are billed at cost plus 5% unless stated otherwise in the proposal. Printing is approximately $75/black & white copy (bound study) or $125/Color copy (bound study). Mileage is charged at the federally allowed rate. Costs or fees charged by any public agency for its review of traffic modeling services, additional, or new traffic model runs by any Agency. The project applicant would pay these directly to the Agency. Public meetings and public hearings are normally excluded from any proposal, but will be billed as extra work at the rates above. There is a four-hour minimum for nighttime public hearings. The rates above do not represent expert witness testimony in court or at depositions. ANNUAL ADJUSTMENTS Annual adjustments in these fees of approximately 5% will be request for each 12-month period following authorization. If the governing Agency prefers a constant hourly cost for a multi -year contract, a 10% increase from the fees indicated above will be requested. INVOICING Invoices would be submitted monthly based upon the actual hours for KOA employees, with consideration from task cost estimates and overall progress. Accounts are past due after 30 days. A finance charge of 1.5% per month after invoice date may be assessed on accounts more than 60 days past due. Project schedules would be determined on a case -by -case basis; however, KOA is a highly reliable firm for projects requiring tight deadlines. We are proud of our record of timely delivery on our projects. References for our projects can confirm that our work quality and deployment of staff resources will insure expedient project design completion. Typical traffic studies can be completed approximately five weeks following authorization and receipt of site plan. If traffic modeling services are needed the traffic study would be completed approximately five weeks following receipt of said modeling services and a site plan (about 8-9 weeks following authorization). Revisions are normally completed within 10 business days following receipt of comments. We are always willing to make additional effort in adjusting schedule where the City indicates that the need is urgent. 7 - Conclusion INDEMNIFICATION KOA Corporation and the Client mutually agree to the fullest extent permitted by law, to indemnify and hold each other harmless from any and all damage, liability or cost, including reasonable attorney's fees and cost of defense arising from their own negligent acts, errors, and omissions in the performance of their uKatz, Okitsu & Associates Planning and Engineering 17 I� STATEMENT OF QUALIFICATIONS TO THE CITY OF SANTA ANA FOR ENVIRONMENTAL CONSULTANTS 'TRAFFIC services under this agreement, to the extent that each party is responsible for such damages, liabilities, and costs on a comparative basis of fault. INSURANCE UmIlTATiONS KOA has insurance coverage in the following areas: Professional Liability ($2 million), Automobile Liability ($1 million) and General Liability ($5 million). Our Worker's Compensation coverage meets the insurance requirements of California State law. CONCLUSION KOA Corporation looks forward to working with the City of Santa Ana on this complex and important contract. This proposal is valid for 90 days. Any questions regarding these qualifications may be directed to Mr. Rock Miller at (714) 573-0317. uKatz, Okitsu & Associates Planning and Engineering 18 ate; 8/17/2007 Time: 11:59 AM To: Tonia Zerba @ 1714)9731461 1-51G-452--2193 Page: 002 DATE (III M CERTIFICATE OF LIABILITY INSURANCE 08/17/07 DIYY) Prsadena, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION D &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1es Ave Ste 540 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P11016 INSURERS AFFORDING COVERAGE INS RED INSURER A: Travelers Indemnity Co. of Connectic KOA Corporation INSURER B. Travelers Property Casualty Co of Am 1055 Corporate Center Dr #300 wsuRFR C. American Automobile Ins. Co. Monterey Park, CA 91754 INSURER D: ACE American Insurance Company INSURER E %, YCI[I1VC0 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING T A AE POLICIES Y REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PDLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MMIDDIYYI LIMITS A GENERAL LIABILITY 68020751_840 06115107 06/15/08 EACH OCCURRENCE $1 00O 000 FIRE DAMAGE (Any one fire) $1 00O 000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $5 000 CLAIMS MADE FX_1 OCCUR PERSONAL & ADV INJURY $1 00O 000 GENERAL AGGREGATE s2,000,000 GENT AGGRFGATEI.IMITAPPLIFS PER. PRODUCTS-COMPIOPAGG s2,000,000 PRO- LOC POLICY 7 CT AUTOMOBILE LIABILITY BA20721_002 06/15/07 06/15/08 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AU TOS BODILY INJURY $ X HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ — (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER IHAN EA ACC $ ANYAUTO $ AUTO ONLY: AGG EXCESS LIABILITY CUP6464YO33 106115/07 06/15/08 EACH OCCURRENCE $4 00O 000 AGGREGATE s4,000,000 X OCCUR C CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WZP80944693 09119106 09119/07 O X IWC ORY TIMTS ER F.L. EACH ACCIDENT $1 00O 000 EMPLOYERS. LIABILITY E.L. DISEASE -FA EMPLOYEE $1 00O 000 E.L. DISEASE -POLICY LIMIT $1 00O 000 OTHER Professional G23631684002 03/13/07 03/13108 $2,000,000 per claim Liability $2,000,000 annl aggr. D ESCRIPTION OF OPERATIONWLOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS APPROVED AS TO F e: Approved List for Environmental Services and Technical Studies MA73098 City of Santa Ana On -Call Planning Services City of Santa Ana, its officers, agents, volunteers and employees are named as additional insured as respects general liability for claims arising from the operations of the named BENJAM iN WOW i sured. hief Assistant Cit Actor SH OULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana - Planning & Building Agency DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_DAYS WRITTEN Ms. Tonia Zerba NOTICETOTHE CERTIFICATE H OLDER NAMED TOTHE LEFT, BUT FAILURE TO DOSOSHALL 20 Civic Center Plaza, M-20 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURERJTS AGENTS OR P.O. Box 1988 REPRESENTATIVES. Santa Ana, CA 92702 AUTHORIZED REPRESENT TIVE �iW cnan 2�s 17151711 _f i iic,2nfzodnuio7nao AAF (D ACORD CORPORATION 1988 )RM ley at�: 8/17/2007 Time: 11:59 AM To: Tonia Zerba @ 1714)9731461 1-510-452-2193 Page: 003 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680207SL840 ISSUE DATE: 08/17/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Santa Ana - Planning L Building Agency Ms. Tonia Zerba 20 Civic Center Plaza, M-20 P.O. BOX 1988 Santa Ana, CA 92702 PROJECT/LOCATION OF COVERED OPERATIONS: All operations of the Named Insured 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: APPROVED AS 7O FORM 2, 1/ ; 1 AwiVA TRAUFMAN- giitatnt Gity Attorney, This endorsement does not increase the lim- its of insurance stated in the LIMITS OF IN- SURANCE (Section III) for the Coverage Part. a. Only with respect to liability for "bodily injury", 3. The following is added to Paragraph a. of 4. "property damage" or "personal injury"; and Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. 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 their inde- 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: a. This insurance does not apply to the render- ing 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 for this Coverage Part, whichever are less 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 CG D3 82 09 06 2006, The St. Paul Travelers Insurance Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Offices. Inc, with its Permission ate: 8/17/2007 Time: 11:59 AM 1-510-452-2193 Page: 004 To: Tonia Zerba e 1714)9731461 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 to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us 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 Schedule above, performed by you, or on your behalf, un- 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. 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" oc- curs, and the "personal injury" is caused by an of- 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. Re: Approved List for Environmental Services and Technical Studies MA73098 City of Santa Ana On -Call Planning Services City of Santa Ana, its officers, agents, volunteers and employees are named as additional insured as respects general liability for claims arising from the operations of the named insured. APPROVED AS TO FORM 7 ENJ N KAUFMAN c Cef C Assistant City Attorney Page 2 of 2 2006, The St. Paul Travelers Insurance Gomparies. Inc. Includes copyrighted material of Insurance Services Office, Inc, with its pernission. GG D3 82 09 06 h ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE 09/12/07D) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91101 626844-3070 Cory INSURED KOA Corporation 1055 Corporate Center Dr #300 Monterey Park, CA 91754 INSURERS AFFORDING COVERAGE INSURERA: Travelers Indemnity Co. of Connectic INSURER B: Travelers Property Casualty Co of Am INSURER c: American Automobile Ins. Co. INSURER D: ACE American Insurance Company INSURER E: 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 LTR TYPE DF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM DD/YY LIMITS A GENERAL LIABILITY 68020751-840 06/15/07 06/15/08 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Anyone fire) $1,000,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $5 000 CLAIMS MADE 7 OCCUR PERSONAL & ADV INJURY $1,000,000 GENERALAGGREGATE $2 000-000 GENTAGGREGATE LIM IT APPLIES PER: PRODUCTS -COMP/OPAGG s2,000,000 POLICY PROT 7 LOC A AUTOMOBILE LIABILITY ANY AUTO BA20721_002 06/15/07 06/15/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS LIABILITY CUP6464YO33 06/15/07 06115108 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 X OCCUR CLAIMS MADE $ DEDUCTIBLE $ X RETENTION $0 C WORKERS COMPENSATION AND WZP80954913 09/19/07 09/19/08 �( WC STATU- OTH- Y I R 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 D OTHER Professional G23631684002 03/13/07 03/13/08 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Approved List for Environmental Services and Technical Studies MA73098 City of Santa Ana On -Call Planning Services City of Santa Ana, its officers, agents, volunteers and employees are k named as additional insured as respects general liability for claims arising from the operations of the named insured. r`CRTIGICATP Writ nFR I I e­w 1.Cn-wQ110=D1 cr D- rANrFI I ATIrIN SHOULD ANYOFTH EABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana - Planning & Building Agency DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -'An DAYS WRITTEN Ms. Tonia Zerba NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODOSO SHALL 20 Civic Center Plaza, M-20 IM POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURERJTS AGENTS OR P.O. Box 1988 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE -Aiw %4 Santa Ana, CA 92702 ACORD 25-S (7/97)1 of 1 $M9n3RF;1 AAF 0 AGUKD GUKPUKA I IUN I9BB COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6 8 02 07SL84 0 ISSUE DATE: 09 / 12 / 0 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Santa Ana - Planning & Building Agency Ms. Tonia Zerba 20 Civic Center Plaza, M-20 P.O. Box 1988 Santa Ana, CA 92702 PROJECT/LOCATION OF COVERED OPERATIONS: All operations of the Named Insured 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: This endorsement does not increase the lim- its of insurance stated in the LIMITS OF IN- SURANCE (Section III) for the Coverage Part. a. Only with respect to liability for "bodily injury", 3. The following is added to Paragraph a. of 4. "property damage" or "personal injury"; and Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 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 their inde- 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: a. This insurance does not apply to the render- ing 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 for this Coverage Part, whichever are less 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 Y 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 to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us 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 Schedule above, performed by you, or on your behalf, un- 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 requiredto 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" oc- curs, and the "personal injury" is caused by an of- 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. Re: Approved List for Environmental Services and Technical Studies MA73098 City of Santa Ana On -Call Planning Services City of Santa Ana, its officers, agents, volunteers and employees are named as additional insured as respects general liability for claims arising from the operations of the named insured. c� a Knarr$Rpnp [9ls A % PS-4 ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE 11/15/07D(YY) PRODUCER Dealey, Renton & Associates 199 S Los Robles 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 INSURER A: Travelers Indemnity Co, of COnnectic KOA Corporation 1055 Corporate Center Dr #300 INSURER 9: Travelers Property Casualty Co of Am INSURERc: American Automobile Ins. Co. Monterey Park, CA 91754 INSURER D: ACE American Insurance Company INSURER E: rnvvoer_vc 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE TE POLICY EXPIRATION DAT LIMITS A GENERAL LIABILITY 6802075LB40 06/15/07 06115/08 EACH OCCURRENCE $1000000 FIRE DAMAGE (Anyone fire) _ $1000000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) 115.000 CLAIMS MADE 1XI OCCUR PERSONAL &ADV INJURY s1000000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMPIOPAGG s2000000 POLICY PRO LOC JECT A AUTOMOBILELIABILITY ANY AUTO BA2072L002 06115/07 06/15/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accidenp $ HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO B EXCESS LIABILITY CUP6464YO33 06/15/07 06/15/08 EACH OCCURRENCE s4.000.000 AGGREGATE $4 000 000 X1OCCUR CLAIMS MADE $ DEDUCTIBLE $ X RETENTION $0 C WORKERS COMPENSATION AND WZP80954913 09/19/07 09/1910$ X we srATu- 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 D OTHER Professional �;G23631684002 03/13/07 03/13/08 $2,000,000 per claim !ability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONSlLOCATIONSNEHK:LESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Approved List for Environmental Services and Technical Studies MA73098 City of Santa Ana On -Call Planning Services City of Santa Ana, its officers, agents, volunteers and employees are named as additional insured as respects general liability for claims arising from the operations of the named insured. City of Santa Ana - Planning & Building Agency Ms. Tonle Zerba 20 Civic Center Plaza, M-20 P.O. Box 1988 Santa Ana, CA 92702 � �:� /6 SHOULD ANYOF TH E ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAILln DAYSWRRTEN NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTH E LEFT, BUT FAILURE TO DO SO SHALL OR LIABILITY OF ANY KIND UPON TH E INSURER,ITS AGENTS OR ACORD 25-S (7197)1 of 1 #S21 AAF O ACORD CORPORATION 198E COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6802075L840 ISSUE DATE: 11 / 15 / 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Santa Ana - Planning & Building Agency Ms. Tonia Zerba 20 Civic Center Plaza, M-20 P.O. Box 1988 Santa Ana, CA 92702 PROJECT/LOCATION OF COVERED OPERATIONS: All Operations of the Named Insured 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: This endorsement does not increase the lim- its of insurance stated in the LIMITS OF IN- SURANCE (Section III)for the Coverage Part. a. Only with respect to liability for "bodily injury", 3. The following is added to Paragraph a. of 4. "property damage" or "personal injury"; and Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. 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 their inde- 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: a. This insurance does not apply to the render- ing 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 for this Coverage Part, whichever are less 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 CG D3 82 09 06 2006, The St. Paul Travelers Insurance Companies, Inc. 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 to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us 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 Schedule above, performed by you, or on your behalf, un- 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" oc- curs, and the "personal injury" is caused by an of- 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. Re: Approved List for Environmental Services and Technical Studies 67A73098 City of Santa Ana On -Call Planning Services City of Santa Ana, its officers, agents, volunteers and employees are named as additional insured as respects general liability for claims arising from the operations of the named insured. Page 2 of 2 2006, The St. Paul Travelers Insurance Companies, Inc. CG D3 82 09 06 ulenw; woo ACORD. CERTIFICATE OF LIABILITY — -- — - INSURANCE 03113108DnY) PRODUCER Dealey, Renton & Associates 199 S Los Robles 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 INSURER A. Travelers Indemnity Co. of Connectic INSURER a: Travelers Property Casualty Co of Am KOA Corporation 1055 Corporate Center Dr #300 Monterey Park, CA 91754 INSURER c: American Automobile Ins. Co. INSURER D: ACE American Insurance Company INSURER E: GES 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 TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 680207SL840 06/15/07 06/15/08 EACH OCCURRENCE $2,000,000 FIRE DAMAGE (Anyone fire) $1000000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $5 000 CLAIMS MADE 1XI OCCUR PERSONAL & ADV INJURY $2 000 000- GENERAL AGGREGATE $4 0OO 00O GEN'L AGGREGATE LIM ITAPPL IES PER: PRODUCTS-COMPIOP AGO $4000000 POLICY PRO - A A AUTOMOBILE LIABILITY ANY AUTO BA20721_002 06/15/07 06/15/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Peraccident) $ X HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EAACC $ ANY AUTO 7 $ AUTO ONLY: AGG B EXCESS LIABILITY CUP6464YO33 06/15/07 06/15/08 EACH OCCURRENCE $4 000 000 AGGREGATE $4 000 000 X OCCUR CLAIMS MADE 8 $ DEDUCTIBLE X $ RETENTION $O C WORKERS COMPENSATION AND WZP80954913 09119/07 09/19108 X WC STATU- OTH- _.1TOLYIUILTB. _. , EJR EMPLOYERS' LIABILITY E. L. EACH ACCIDENT $11000000 E. L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1 00O 000 D OTHER Professional G23631684003 03/13/08 03113/09 $2,000,000 per claim lability $2,000,000 annl aggr. DESCRIPTION OF OPE"PONSILOCATIONWEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Approved List for Environmental Services and Technical Studies MA73098 City of Santa Ana On -Call Planning Services City of Santa Ana, its officers, agents, volunteers and employees are named as additional insured as respects general liability for claims arising from the operations of the named insured. SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana - Planning & Building Agency DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D_DAYs WRITTEN Ms. Tonic Zerba NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUTFAILVRE TO DOSOSHALL 20 Civic Center Plaza, M-20 IMPOSE NOOB LIGATION OR LIABILITY OF ANY KIND UPON TH E INSU RER,ITS AGENTS OR P.O. Box 1988 REPRESENTATIVES. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE 17 .4 !1 _ ACORD 25-S (7197)1 of 1 #M220156 AAF V AGVKV VVRrUR IIVIN IDOO COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6 8 02 07 5LB4 0 ISSUE DATE: 03 / 13 / 0 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Santa Ana - Planning & Building Agency Ms. Tonia Zerba 20 Civic Center Plaza, M-20 P.O. Box 1988 Santa Ana, CA 92702 PROJECT/LOCATION OF COVERED OPERATIONS: All Operations of the Named Insured 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: This endorsement does not increase the lim- its of insurance stated in the LIMITS OF IN- SURANCE (Section 111) for the Coverage Part. a. Only with respect to liability for "bodily injury", 3. The following is added to Paragraph a. of 4. "property damage" or "personal injury" and Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. 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 their inde- 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: a. This insurance does not apply to the render- ing 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 for this Coverage Part, whichever are less 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 CG D3 82 09 06 2006, The St. Paul Travelers Insurance Companies, Inc. 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 to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us 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 Schedule above, performed by you, or on your behalf, un- 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. 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" oc- curs, and the "personal injury" is caused by an of- 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. Re: Approved List for Environmental Services and Technical Studies MA73098 City of Santa Ana On -Call Planning Services City of Santa Ana, its officers, agents, volunteers and employees are named as additional insured as respects general liability for claims arising from the operations of the named insured. Page 2 of 2 2006, The St. Paul Travelers Insurance Companies, Inc. CG D3 62 09 06