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HomeMy WebLinkAboutTRANSPORTATION STUDIES, INC. 4 - 2007 INSURANCE ON FiLE WORK MAY PROCEED UNTIL INSURANCE EXPIRES /0 -I -OF CLERK OF COUNCIL DATE: / -t7-0 ~ 0: pwA/1rQrop. (2.) Sn~ir GClYx'al'"\ A-2007 -227 Project: 55' i 7.- Account No.: Project Manager: Shahir Gobran $: not to exceed $50,000.00 CONSUL T ANT AGREEMENT THIS AGREEMENT made and entered into this I st day of October, 2007 by and between Transportation Studies, 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 traffic counting and data collection services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration ofthe 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 counting services on an on-call basis, as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. COMPENSA TION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit Band incorporated by reference. The total sum to be expended under this Agreement shall not exceed $50,000.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2008, unless terminated earlier in accordance with Section 13, below. This Agreement may be renewed for an additional one-year period upon the same terms and conditions set forth herein. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term ofthis Agreement, be construed to be an independent contractor and not an employee ofthe City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance ofthis Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit 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 2 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. 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. e. 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (l) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason ofthe effects arising from this Agreement. The Consultant further agrees to indemnifY, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees 3 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 intormation of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpub]ic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure 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 availab]e source; (c) is in rightful possession of the Consultant without an obi igation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk ofthe City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-] 988 telefacsimile (7]4) 647-6956 With courtesy copies to: Executive Director ofthe Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 4 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Transportation Studies, Inc. 1350 Reynolds Avenue, Suite 115 Irvine, California 92614 Telefacsimile 949-852-8441 Attn: Craig Shick A party may change its address by giving notice in writing to the other party. Thereafter, 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. 10. 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 a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to 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 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. 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 th is 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, 5 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 ofthe 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 ofthe 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 ofthis Agreement. 16. PROFESSIONAL LICENSES 6 Consultant shall, throughout the term ofthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision ofthe services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of 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 iffully set forth in the body ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: . / -/ . ,/ /' ./'1; -"ri/ /, /<J c:(;J?~ <-t>C_Lc-f._--f... ''X:f':~e). .-PATRICIA E. HEALY L Clerk of the Council CITY OF SANTA ANA ~ City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laur.a Sheedy Assistant City Attorney CONSULTANT TRANSPORTATION STUDIES, INC. ~LI L CRAIG ICK V ice- President 7 EXHIBIT A GENERAL INFORMATION Consultant shall provide traffic counting services on an as-needed basis. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken as specific locations over several days to confirm and monitor the traffic situation. It is important that a single firm provide services throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also include the bi-annual city-wide Average Daily Traffic Study, City-wide Turning Movement study and traffic counts for signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested. As traffic counting needs are identified, they will be distributed among the firms selected by City. City reserves the right to distribute the work in the manner that best meets the City's needs. SCOPE OF SERVICES Consultant shall provide necessary services for collecting traffic count data for various studies on an as-needed basis. This may include, but not be limited to 24-hour ADT counts; 24-hour entering traffic volume counts; intersection turning movement counts for 2, 4, 6-hour, or longer periods; hourly pedestrian counts; speed surveys and machine vehicle classifier data. For the assigned tasks, Consultant shall compile the traffic data and provide the following to the City: · For each ADT volume count, a two-directional IS-minute count sheet with hourly totals, in a format agreed between Consultant and City. Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. · For each entering traffic volume count, a IS-minute count sheet with hourly totals, containing all legs ofthe intersection. · For each manual turning movement count, a IS-minute count sheet for each count period, with the actual peak hour(s) identified. Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. · For each intersection pedestrian count, a IS-minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, ifrequested. Counts categorized by age group may be requested for certain locations. · For the Citywide Average Daily Traffic (ADT) study: 8 a. Count sheets as described above. Consultant may be required to conduct counts at 280 locations within a 2-month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. c. Traffic Flow Maps included in the "Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by Consultant, City may choose to complete this map in-house. d. Ifmore than one Consultant is needed to complete the study, City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is responsible for compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with City and other Consultants, regarding the timing ofthe counts and delivery of the "Traffic Census" booklet. . Computer file(s) for all counts conducted by the Consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shaH also be provided upon City staff request. CITY RESPONSIBILITIES City will furnish Consultant with a map indicating the City street sweeping schedule. City will notify Consultant of any changes to the schedule. With each request for traffic count data, the City will provide: . The location(s) oftraffic data collection . The type of data to be collected . Time data shall be collected For City-wide ADT study, City will furnish the street map on computer diskette. compatible with AutoCAD or Microstation. 9 EXHIB IT B CONSULTANT FEE SCHEDULE 10 TSI Transportation Studies, Inc. A Traffic Data Collection Company FEE SCHEDULE 24 Hour single tube count $ 50.00 24 Hour dual tube count (Consultant must be able to provide 25 simultaneous counts) $ 50.00 Intersection manual turning movement count (Consultant must be able to provide 15 simultaneous counts) $ 37.50 per man hour Hourly rate for pedestrian count, including manual turning movement $ 37.50 per man hour Count Speed SUlVeyS radar $ 40.00 per segment Speed surveys machine $ 85.00 per machine Machine vehicle classifier data $ 85.00 per machine Any other charges or fees A. traffic flow map $ 2500.00 B. traffic census booklet (25 copies) $ 750.00 ~\,~ CjJ 1350 Reynolds Ave., Ste. 115, Irvine · CA 92614 . (949) 852-8460 · Fax (949) 852-8441 EXHIBiT Bl TSI Transportation Studies, Inc. A Traffic Data Collection Company SOUNDNESS OF THE FEE SCHEDULE Personnel costs - itemized to show the following Management - coordinates & manages work Field Technician - set machines and radar studies Traffic Connters - manual & pedestrian counts Direct Labor rate per hour for each person with different rate. Management - $32.50 per hour Field Technician - $ 14.00 per hour Traffic Counters - $ 15.00 per hour Fringe Benefits. N/A Cost of supplies and materials Duct Tape $3.00 per roll Nails $ 10.00 per 100 Shots $ 6.00 per 100 Paper $ 23.00 per case Hose - $50.00 per 100 ft. Travel - transportation and per diem or subsistence separately N/A Special Equipment Manual turn boards - $ 400.00 each 24 Hour Volume Machines - $750.00 each Axle & Speed machine - $ 1,000.00 each Radar Guns - $ 350.00 each Any other direct charges N/A Subcontract cost N/A 10010 ~)t ~ Indirect cost or overhead Fixed fee or profit 15% 1350 Reynolds Ave., Ste. 115, Irvine. CA 92614. (949) 852-8460. Fax (949) 852-8441 ATTACHMENT A Consultant Rate Comparison Form ANNUAL CONTRACT FOR TRAFFIC COUNTING SERVICES Consultant must complete this form and include it with the comprehensive fee schedule in the sealed fee envelope. The purpose of this form is to provide the City with a basis of comparison of the Consultant's fees. This form will be used for fee comparison purposes only. The table below is a possible annual cost scenario for traffic counting services. Fill in the appropriate unit prices from the Consultant's fee schedule and calculate the Consultant's annual total cost for the scenario. Type of Count I Unit Cost1 I No. of I No. per I Annual Total Locations Year Cost 24-Hour Sinale-Tube Count $ 200 x1 x 100 = $ 20.) 00 ( ) - Assume: . One intersection, 4 approaches . 100 separately requested counts per year 24-Hour Dual-Tube Count $ SO x25 x6 = $ 750u -" Assume: . 25 locations, simultaneously, in one neighborhood . 6 times per year Manual Turnina Movement Counts $ 150 x15 x8 = $ 18...000 Assume: . 4-hour manual count (2 hours am & 2 hours pm) at 15 locations, simultaneously, in one neighborhood or in various locations throughout the City . One person cou nting at each location . 8 times per year Pedestrian Counts $---150 x1 x8 = $ 1200 Assume: . 4-hour count (2 hours am & 2 hours pm) at one location . One person counting . 8 separately requested counts per year Total $ tf6/ 700 L7( , Your t~e per intersection or location EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Pol icy # 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 ofthe 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 11 A CORD,M CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD09I) 9/26/2007 PRODUCER (714)836-9945 FAX: (714)836-9946 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Empire Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE; HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND O~ 550 Parkcenter Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , ! Suite 205 I , Santa Ana CA 92705-3521 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Insurance Co. Transportation Studies, Inc. INSURER B: 1350 Reynolds Ave. A-2007 -227 INSURER C: Suite 115 INSURER D: ; Irvine CA 92614 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING 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 T~~ ~~2J~~EI=Snl~;,SCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. A(:;GRF(:;ATF liMITS SHOWN MAY f-lll\ N En ~v Pllln CLIIIU~ IN;;: f:.,~~,L P'?l+~~~~\,gg,w\E POLICY I~XPIRA TI~N I LIMITS TYPE OF INSURANCE POLICY NUMBER DATE MM/DDIYY GENERAL LIABILITY E RRENr.F $ 1,000,000 ~ DAMAGE TO RENTED 300, (00 ~ 3MMERCIAL GENERAL LIABILITY PR $ A CLAIMS MADE ~ OCCUR 72SBARB0803 10/1/2007 10/1/2008 MED EXP IAnv one nerson' $ 10, ( 00 I--- PFR!';nNA on" I"'J' 'RY $ 1,000, ( PO GENERAL AGGREGATE $ 2,000, ( 00 @'LAGGRnE LIMIT AFlES PER: pRnn"r.T" _ r.n"p/np 6r.G $ 2,000, ( 00 X POLICY P,fR.; LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,( :)0 (Ea accident) $ ~ ANY AUTO A - ALL OWNED AUTOS 72UECAH3841 10/1/2007 10/1/2008 BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =i ANY AUTO OTHER THAN "6 6r.C $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY ,oM'L $ I o OCCUR 0 CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND X I fc;~$T~I,\t;,T OJ61- EMPLOYERS' LIABILITY 1,000,( bo ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACC!D"NT $ OFFICER/MEMBER ~)(CLUDED7 72WECRR7609 10/1/2007 10/1/2008 E.L. DISEASE - EA EMPLOYEE $ 1,000, ( bo If yes, describe under 1,000, ( 00 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OP!:RATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is additional insured as respects to general liability' auto liability but only ifrequired by written contract with the named insured prior to an occurrence. Coverage subject to all policy terms and conditions.RE: On-Call traffic counting service.*10 day notice of cancellation applies for nonpayment of premium and/or non-reporting CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE T E City of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~~*X M L Attn: Shahir Gobran '173:> ;Ie 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, i!I ~X 20 Civic Center Plaza, M-43 ~~~~~*~~'"'''' v' , Santa Ana, CA 92702 ~~~~~~~ AUTHORIZED REPRESENTATIVE i:-- ~~~ Larry Jones/ERICA ACORD 25 (2001/08) @ ACORD CORPORATION 988 ....on.....c ,..~........... '""--- o. 0 , ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company I-IAIffFOrzT) ItJS u eA J.jee ) Co. This endorsement modifies such insurance as is afforded by the provisions of Policy # 7.:2-SBAR508a3 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 , 0 - 0 l - 1..00"7 , this endorsement form as a part of '12.5" ~AR 'Eoeo3 -r RA '-.J So poa..-r4T,0"-1 SJi,..i1> I e S' 1 1'../ (., Named Insured -.. ACORD,. CERTIFICATE OF LIABILITY INSURANCE .4 Joe? 227 ?tli;lnCfR ('71<1) 836~99.15 (714)836-9946 :JAr[ :MM'~)D,iYn' 9/16/20C8 THIS CERTiFICATE IS ISSUED AS A MATTER OF INFOHMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, E.XTEND OR ALTER THE COVERAGE AFFORDED BY THE POliCIES BELOW Fl...X: :'I"1B Em]:nr~ Company 5:::,0 Parkcent>2L DL"l'1'2 Sll:' t~ 2=i~ ... _,~JNSUREB~~~!fO~~Q_~9Y~RAE:~~ L;'~'~~::::'!!?:~-~~:~~ T~SUranCGmC:~' ,-' -~---.-.- --- 1 !f',;~. :;..;:tR C i ir,SUHER::1 r- -- ---- - _____u i i"i~.iJ,<:rY J.:. SeinLl k:a ,;A 05 3"21 iN5JRf[\ Tr.ar.spl.,r:t:.!. L<)n Stud,:u~s 11';(1 2680 Walnut Avenue Un:lt. C ; Tus tin CA 92'180 ~J.f# ~37418 ___~-+._ .'*_.W i i I I -I j ! ;--- , 1-- COVERAGES 1; ~C PC;LICI:;::S (:' IM:i-UR,\NCE LI~,Til) BEL':"!':; iL......;[ 8a::C:N l-SSJED TO TiW iNSURED NAMED A80VE FCi{ 1Ht' FeLlCY PE'.HiOL I~,[W <\f _L ti;}t\VlT,i~;.i\~D;NG "\Nv ~ ,LU,. ,RnENT, r[w,.1 OR CGM..iIJ!uh_:r' ,',1..\ CljtHi<ACT l)ri: vn'i;J~ OOCUMEtH wiTH R:E~)PECT TO Vv'Hle"'! ThiS CERT',fiG\lL MA I dr ,'.sl;Eu 11,{ ',lAY PERT/,I', 1 fhe IN::;UHANCc l\nor~DED bY TH2" POU;IU DESCRBED ,jEj~Ei'" IS SU8JECT TO /ilL THE TFRMS, eXCLU5iGr./;,; ANU LONOIlI{)"'S C'I SJ'::~ r 1/...:( r,) ) ~_:,;~:?";l~';; rr Ut'.m~i ",hi lWN!,E:.Y .lJ.6j'f,W:.:.E~i..E~U\ rM) G!.blM.~..____"w,.__,~, _. _._,.._ _~__...~"--'_'_'. "..._~ I~SH :AD5:"~: TYPE OF INSUk?>NCt: ! f.'fJUCY NUMBER IP~~f~Y ~~8g~l~g~JfEV E;~WOW~~N: /, .'f'< 10/1/2009 10/112008 'i;~ 72$HARR()~Hl:~ ~.\![: f:'Y .." -~--~. ,X i '( ALTOMCUlLE t1Al:lll.llY , l--XJ;'i" ,\tT:J (;i)IA~;hl' ::;I;;(~~, L.'i',.Lr 10/1/2008 10/1/2009 A 7~lJi:LA;LW4i ~"., U\\'Nf ':-", L,<:", ",;;1:\.[:.,,[,"1(-":, 1'o;H~i' ;n-'h.()'.';;1'i.i4., u, i rl i I GAHAGi: LiAP.lllTY "f<,:;>r'E!. ~, 'POI ~~VJ,,'i i',,-' :J71',;.1,T' ,A~"0 I, i CXCES$iUMBli:HL,\ lIAUli..1 rY ;'oA",,' ::,.,;;.< .":t,',, ,,--,to :1" ~ _J'~ ,eLl '.L~; N "".; A '1.0RKERS U::'JMFENSAnCN Il.NC' ~l.1rLOYlfC;' UABlUTY ;~,"';,RTN~ 1<'l ~L' -':1 '>'Wi'D,C.! 10/1/2008 10/1/2009 ""''''''''''/1 12'itECRR"" 60 ':1 i'f' ., . ~ f:;' ,,' :iTI,fR ".,,'11\'..," d2..-t .':~ 11_':.....,"" .' .~..... ' I;. d!: UfS':R<rTIO~; Qr OPF.RA110N$}LC'C."T;n',s.vEHICLE5.'(X'~LU~IOm, ACOED BY l.NDORSEM€NTi5PEC,AL PROVI::>IONS c~,U..fi\.;",L.. H".Lter is ~ddltl,-.n,l} .:..nsul:ad as raspacLs to qanaral liability & aut.Co l.i..ab1.1ity but c,r.ly ~lru':{':l;:-e,~ b:, 1I>:;:;.:..;::t:bn '-':;'.J',tl.<tct; w.llh the.! nam",d ins'.l.t'u.1 p.:.:iO)l;' to an ;:l<~cU'rl""ncn Gove.t'b;;JioI subJe.ct 'tJ a.ll F,)li,..:~ '~<l-1.J11S and .,;".-.;\il';:.",:,5 ,",E' '._'n-C",-, ~ 'r:,ftl~ ,;:)llllt~l,''1 .s;,n,iJ:::t, *1(;' day n;"Jt~cc of cancellat~o~ .:It-:t.'.:.ias C.;r !IG:1;'il'.1''1:;cnL ot rn:;:naum ..;<1"_'1: ..:.1 TV;}"""':' "p"'~.I~t.~'-":l CERTIFlCA1 E Hot (JER I CANCELLAtiON SHOULD ANY 0; T'lt ABOv'( OCSCRIBH' POLl(;U,:::> at CANCLlLfO efrORt 11'( C1. ty vi:' San ta Ana Attn: Shahir Gobran 20 C~vic Conter Plaza, M-43 Sanca Ana, CA 92702 AUTHORIZED REPRESENTATIVE L, ,I:'!;" ;P,~':ji ACORD 25 (2001108) ...,......." ,,~t\.. L. -{- <. '..' .'~ (" _'t....(.~ . ;~.. :. ':,ACORD CORPORATION 1988 . IMPORTANT It 1Ile c(;f1dic;:)tc t"lolder is an ADDITIONAL INSURED. the policy{icS) must tie endorS8-8. A statement Oil tlll~, ccrtificait; dces not confer rights to tht: cCltliicate holder in lieu of such endorscrnunt(s} If SUBROGATjON IS vVAIVED. subject to Hie terms and conditions of the pOlicy certain poncins may rcQui{c an e.llclorsement A statement on thi;. certitlcate does not confer rights to the certlficate hoJder in tiel; of such t^lldorsemerll:;; J DISCLAIMER ThO Curtifi(;ate of tusurancc on tho reverse side of Hils form does not constitute a contract between thi: issdng i11SlHCr(S), ,)IJtlionzcd rcprcsentali'io or producer, and the certificate bolder, lllH does it afflmlatlVt!ly or negativeiv iJmerhj, extend ur rlltN the CUVf~ri1gc <.lffGfOed by the policies listed thereon ACORD 25 (2001/06) INS025(w\l/i)u".) Payll2of2 DEC-10-2009 08:08 RM TSI 949+852+8441 P. 02 .cod CERTIFICATE OF LIABILITY INSURANCE 9/20/2009 ~/ THIS CERTIFN:ATE 10 ISSt1ED A6 A ~ T E ~~gCnTE rloaKea •1711836-9905 iA1I: (71~i8S6-99a6 pNLV AND CONFERS NO RIGHTS }{OLDER. TFINI CERTIFICATE OOEB NOT AMEND. EXTEND OR ihta Eapiza Compsrly ALT Til OE AFFORDED BY i}1E pOLlC1EE BEI.OIeI. 550 Darkaantar Driw Buite 205 i INSURERS AFFORDING COVERAt1E . _. - - I ~~ ~- ~ ~ ~-- CA 92705-3621 -, _- - }17iT^ Banta Ana - - ....... i flartfOrd lnavranoo Co il~lM[D 1 --_. __ - YranapOrtatioa 8tudiw, inc. _ _ ~ ___ ._.. nglraea a .. 2680 xalnut Ava^lve """ ~ ~~~ __ 'I wNIIEA u .. _ - -- . _ ~- - Unit c _____ ,.,e,uPnc. .O Gp THE POLIC^:60F INSURANCE UB1ED BE1OW 1NVE BEEN W9UED TO THE 918URED wAiiED A90vE fOTi THE POL _ USIONB ANO COiNDYfIONS OF 9UCN O LL Tr'tE TEN SUNaNCE ~ ORPEO BY tNE PONES DESCRIBED HEREIN ~ BUBIECT T I N,7HET MB. EXCi _ OI WY PERTaI ACiDNEOATE LNr^TB eHOWI NNY NAVE BEEN REDUCED BV PAID C _._. __ ___ . _...- ~ . pOIICIES -. _ _-. ~Y . _ _ _ __.. Iwl~.. - .._.. .__ I ~ EACH Ogty^NENCE __ i }y ~OQ,, DQQ ^ea[AAiw^inr S I _ trtcrv~ l j! __ a99.ooD ~ !4 R ~ CWE^CNA OEIaPK taaLT' ~ 11D/1/SODS i 10I1I4O30 ~~OC~h4secJ19DeD3 . ME ~ j , MED F]iPVW •^~P"'^•1 Yi ~ JUm i 1D,0_4C. OOD 000 1 , tlAws ri E I A . npgpNw-pw w , . ~ 1 i- , _, _. . ~ ogNE^u AooP^uTE ~ _.. z, ooD,Q4~ j i I ~ PNDpucn-OOA1Pi0?AOG ~_ - _? 000000 OEN1 Ape^EGATE LMR APPt[i PERT ; ~ i h- ... i ` tOIAiED iwG6 W o i 1,000,0 AUTOapel^ YAaiJTY - l[ASmnl I _ . ~ ~ x ~ ANY AUTO 10/1/2D09 110/1/2010 ~2V^l~^4N1 ~ ~~~uaY l,i A I ~ ~ uiDwl®AUrW i 0 - ~ _ -- ,. ._.. .. ' 1-.. k 6flfDl[ED AVM ~ ' NMD1 AUr0i ~ i i00AY INA^lY i i l~~l ,___ _ _ . - ~ ND^ Drew Au,De -~ I ,. -_ . - -- ; PIIDPETY DAMAGE' , I I T FORM wrooraY_PwACC~~ i~ .. ... -- -- auuD[uA^un ~ f - ~ ls ° _- -. - ---. - ' ANYAIIro ; . iv oox . wV . ~ EALN OCCNgi1ENCE_ i __ _ __ awe[wrure^euquABUnY ~ La ra Stitt Shee y AooaeoATE _ +i __ _ -. ;_ ~ ~S5i5 ant Eity :4tt rney _ 4i- - --- . _ li _ ..- ..- __. ...._. L I Dcoucrat[ 1 , i ~ ^ETENlloll } ~ llyt , x iTOl1Y. A ' E8 ...... . ..... . . .. 1p~A^DOa-[NM1fON ~ A,AIa [rPiorel^uAauir YINi I ~ 'E.I EACH ACCIDeNr !i ly DDD,ODC ANr pppacr0•/4iTNN•E%El'AlTAa ~ ~ E ~PICeANDNr^ ErclUOFn~ !14a^C^a76De ~ 10/1/4009 ~ 10/1/2010 - ~ E_L. OaEAiE._.EA FIwIOYE~ f_.. _ 11000, 000 1 ooD Do t ryc•rwir^N! ~E1.Dar~[-PalcYti/I i r ~ ~Ad.. i 110/1!2009 X10/1/2010 ~i^De. DAgrellp•1rn p^dyotlbla A ;Gill!^p5yaioll Damage !74000AN3Ba1 ~ ~ ~ i'JDD. celu.l•n paductibla poe^rtmxafoPpumN[r wcAigr[rve[eteraaUwN^ A00laaY saoa^arn, w.~..,..~.--^- c.reifiwie Solder u additseaai ie^urrd u raaprt^ to parcel uwility a auto ~a>~ils~ ~t ul~if r+quiced ny rrlttan Oentraor r1YJ. sea nerd tnauraa prier W an peonrsaaDa. Covaiaga aublao t o[ 9rM1ua eDM1[1aaa.R6: Oa-pll fta[!io oeeillle9 ..Nita. X10 dq m1.iM o[ cNeellnvon epp11N for aOOpaYMa and/er non-rapnrtanY iERTe<IDA awNao ANY W 1N[A^Oll^oN101^^^^ POND!^^^ON1061a0 ^QVIa TNe pIPMATIDN city of Santa Ana oAr^vl[veer.verww'°'Mw1°n'ac''eNDiwvo^YO rAS ~Q-nc'n v^°nEM Attn: Bhahlr Gobran Nonam*N^emr^ln-icNOCwR Nw[^T°'"[uxr. avrfAalwc TDOO ^o wati 40 Civic Cantor Ylaaa, el-43 lwoie MO OKg11nDM OR uAaim OF ANY ro UPON TIR iY1116A lla A^Wia Oa Santa Ana, CA 92702 rAiN[a wnwnosuaeon[wwrArne ~ ~~µ~_ - _ _ ~,TqA,.~.~ Larry Jonas/ERICA ""`~--y O 1H5.4009 ACORD CORPORATION. AS 119ha nNNNV^d ACORD as 1200ero11 INw4e Otpiiq TM ACORO n^nl^ ^~ IDSD ar^ i^HI^ana mark. of ACORD DEC-04-2009 09:47 AM TSI 949+852tg441 P. 02 ~)1.)t17ti)NAL. 1NSl~i~p FNpURSF'N[iiN'I' h't kL ' 71vShSk~kC1Ai 'il•: f~ AI.1.. 311 I l ~'~. ~___ _ Instrcaner C;rmlpan)' ~!_ r7rt~ w /hLs ~~ Nt.L' _ ~~. "l his rndursenarnt marlin ~ such insureulcc ati is niTnrdcd by the provisions of Policy u 77SRaRgvgo3 r•rlnting«+tYh fUIIUN'lnK: 1. The City ot'Santa Arta. 20 Civic Center ('laze. Saida :~na. Cali[umia 42711 l; its ntlirers, ernployees,uijents, vutunleers tmd.represeutntivestaY: ttaur,:das addiliottal insttrats ("additiurlal insluetts') with regard to liability mtd dctensc of suite arising from the operations ,uttl uscs pnrttxrtted bw or on behalf oC thr nameaJ insttred. ~. N%ith rrspet:t to claims arisi»K out o(tlte operations and rises perfamtu! by ar nrt hhalf atf the name! insured, such instmatne as is atl'orAc~d by this pi~lict u primary and is not additionnl to oe canreibuting With any' othtt insurance carried by or for the hrnef t nl" rite additional insureds. This insurance applicfi srparutel)' W each instnxd against whom claim is made or suit is (mnight rxcepr with tt•apet't to the comp.uty"s limits of Ihtbility. "tltc inclusion.nl'any persnrt nr orgattizatitm.as tut insured shall trot affect am• right avhich.sueh persrm <x organ"nation would have as o elainiant Knot .o incladnxl. , *. With rrsprcl to the ;nlditiotatl insureds, Ibis insurance shall nag he caI-celled. ar materialh reduced in.etmernge or limits cttcrpt near thirty' (3[I) deya wrltu:n notitti: has been sg'vttt to the City of Sartre Amt.?0 Civic Getter Pln;ar. Sartre Ana.-Colifixnia4i7t)1. (Cnrtvl>lctii?n oP the fnNowirtg, inulud.ing enuntersignuturr, is required to make this cttdurscntcnt elTrctivc.t F.~i3c~Kivc /Q - 0 H O f .._ . . ibis eudr+rsantrnt iin'tn u.. a part of -- Policy !r .__ 7Z~PaF4 08 IESUrd to _-->-snr~~a T....... .~1"L _ .. tined lnsun.d Ctaltttenigrted b '- ^"~^"" A mri p]><'SCdltatlYC