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HomeMy WebLinkAboutAUSTIN-FOUST ASSOCIATES - 2008I City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect.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). Apt Call 647-5237 if you have any questions C T..0 AN TA AN The agreement with lll___...000.LGGLLL rs� ��"Y77""(�Li ((( ..1//!J/1,rdf'� � r�� �� ✓),c^ No. "li __9c,rir> C5Ro was completed on �_�30 Tool and final payment has been made. A 2001"153 (5)'"P- Department: P� Phone /Ext.: Signature: Dater Revised 07 -23 -07 0 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCI DATE: AUG 1 2008 FIRST AMENDMENT TO O: PBA (,Z CONSULTANT AGREEMENT Tonia Zerba A- 2008 -105 THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on June 2, 2008, by and between AUSTIN FOUST ASSOCIATES, INC., a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement # A- 2007 -153, dated June 18, 2007, (hereinafter "said Agreement ") by which Consultant has provided environmental consulting services. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and amend the Scope of Services and Fee Schedule to reflect additional staff and increased fees during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall provide traffic/ transportation technical study services pursuant to the California Environmental Quality Act and the National Environmental Policy Act, as set forth in Consultant's Proposal dated April 16, 2008, attached to this First Amendment to Agreement as Exhibit A -1 and incorporated by reference. Said services shall be provided at request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney." 2. Section 3.a., COMPENSATION, shall be amended by replacing the fee schedule set forth in Exhibit A with the new fee schedule set forth in Exhibit A -1, attached hereto. Section 3, TERM, shall be amended to extend the termination date to June 30, 2009. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HE Y Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Laika Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager AUSTIN -FOUS ASSOCIAT INC JOE . FOUSfOP.E. Principal �� �A US T /N -FO US T A SSOC /A TES, /NC. TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING April 16, 2008 City of Santa Ana 20 Civic Center Plaza (M -20) Santa Ana, CA 92702 ATTENTION: Mr. Pedro Guillen, Associate Planner SUBJECT: SOQ SUBMITTAL FOR ENVIRONMENTAL CONSULTANTS — TRAFFIC STUDIES Dear Mr. Guillen: Austin -Foust Associates, Inc. (AFA) is pleased to have received the City's invitation to submit a Statement of Qualifications (SOQ) for Environmental Consultants. AFA is a specialty Traffic and Transportation Engineering firm that prepares Traffic Impact Assessment (TIA) studies for CEQA/NEPA documents. Our firm is comprised of 16 personnel and we have been located in the City of Santa Ana for our entire history which spans a period of 25 years. During that time, we have accumulated a listing of over 1100 different clients, both public and private, that includes almost all the Cities in Orange County, including the City of Santa Ana. As a result, we have several references by other Cities if you would like to talk to others about us and our qualifications. For specific references are provided at the end of this SOQ. The firm headed by two principals, Mr. Terence W. Austin and myself, both registered engineers in the State of California. The firm has four other Registered Engineers on its staff. We are enclosing resumes of our two principals along with our standard "qualifications package." This information provides a general description of our specialized expertise. In addition with our office having been located in Santa Ana for the last 25 years, as well as my own previous position as City Traffic Engineer for the City of Santa Ana (1972 to 1978), we are quite familiar with the City and its traffic patterns. In addition, we have prepared over 5,000 Traffic Impact Assessments and understand the CEQA process quite well as it relates to traffic and transportation engineering. We have attached our standard hourly rates and our firm routinely provides its clients with professional liability and errors and omissions insurance with limits of $1,000,000/$2,000,000 which exceeds the City's requirements. 08SantaAnaSOQ.doc 2223 Wellington Avenue, Suite 300 • Santa Ana, California 92701 -3161 Tel: (714) 667 -0496 Fax: (714) 667 -7952 www.austinfoust.com Mr. Pedro Guill6n, City of Santa Ana April 16, 2008 Page 2 Below is a list of references: 1. Mr. Tony Brine 2. Mr. Warren Siecke 3. Mr. Bob Lenard 4. Mr. Nelson Wong City of Newport Beach (949) 644 -3329 City of Brea (714) 990 -7742 City of Laguna Niguel (949) 362 -4313 City of La Habra (562) 905 -9622 Thank you for the opportunity to continue working with the City of Santa Ana. Our past 25+ years in this City have been very rewarding and we look forward to continue that relationship. If you have any questions, please call. Toe E. "Fc dst, P.E. Encl: Statement of Qualifications Resumes Rate Schedule 08SantaAnaSOQ.doc Austin -Foust Associates, Inc. QUALIFICATIONS AND EXPERIENCE The firm of Austin -Foust Associates, Inc. (AFA) provides a broad range of consulting services in the area of traffic engineering and transportation planning. Clients served include public and private entities throughout southern California, with services ranging from special studies directed at specific problems to comprehensive projects involving all facets of transportation and traffic engineering. The principals of the firm, Terence W. Austin and Joe E. Foust and their professional support staff, have extensive backgrounds in all aspects of traffic engineering and transportation planning. Their knowledge and experience enable the firm to provide clients with a high level of expertise in preparing traffic studies and presenting creative transportation solutions. The firm has been providing these professional services for over 25 years. Staff members are familiar with transportation related databases throughout the region and have had considerable experience with both local area and regional travel patterns and the supporting transportation infrastructure. Areas of expertise provided by AFA are as follows: Land Use /Transportation Planning AFA is highly qualified in the area of transportation planning. The firm uses state -of- the -art traffic forecasting procedures in relating land use to transportation demand, and the firm's planning experience ranges from detailed local area applications to comprehensive regional studies. As part of this work AFA assists in various related activities including land use /transportation balance, multi -modal transportation systems, environmental resources, and issues such as traffic demand, air quality, and the effects of growth and change on a community. Circulation Analysis Circulation analyses are one of AFA's specialties, with applications ranging from General Plan Circulation Element preparation to specific studies addressing existing and /or future transportation needs. The firm applies state -of- the -art traffic forecasting and analysis tools to generate customized solutions. Graphic illustrations and traffic simulations communicate complex traffic issues to technical staff and decision makers. Design The firm has an in -house design group with experience in various aspects of roadway design. This includes new roadways and major roadway reconstruction projects, highway widening and resurfacing, intersection improvements, intelligent transportation systems and signal system design. EIR Traffic Analysis A significant amount of AFA's traffic analysis work is directed towards EIR preparation. The firm is well experienced in the requirements of such studies and has participated in many successful EIR preparation efforts. 08SantaAnaS0Q.doc Traffic Operations Traffic operations evaluations are a major area of AFA's expertise, with applications ranging from system -wide analyses to construction zone planning. The firm uses state -of- the -art simulation tools to develop solutions and present findings for decision makers. Transportation System Management /Transit The firm has prepared Transportation System Management Plans for a variety of existing and future developments, and has been involved in various multi -modal studies. 08SantaAnaS0Q.doc RESUME JOE E. FOUST, Principal Education B.S. in Civil Engineering M.S. in Transportation Registration Traffic Engineer: CA #854 Civil Engineer. CA #20258 Organizations Institute of Transportation Engineers Orange County Traffic Engineers Council, Chairman -1979 Experience Mr. Foust is co- founder of Austin -Foust Associates, Inc. (AFA), and prior to establishment of the firm, 24 years ago, was the principal owner of JEF Engineering. Mr. Foust has prepared studies and reports covering a wide range of traffic engineering activities such as impact studies of highway improvement, impacts of proposed development, traffic operations studies, channelization and signing studies, and computerized traffic control systems, as well as performing traffic signal system studies. Formerly, Mr. Foust was the head of the Transportation and Traffic Engineering Division for the City of Santa Ana, a position held for over five years. While with Santa Ana, he was involved in a variety of transportation projects including creation of the OCTD Multi -modal terminal in the downtown area. Prior to Santa Ana, he held the position of Project Manager /Traffic Engineer for VTN Consulting Engineers and Caltrans. In these positions, he developed experience in all aspects of traffic engineering from design through and including fiscal management. Local /regional work includes active participation in the area of operations, design, transportation planning, and local /regional funding institutions. Mr. Foust is a past member and Chairman of the Orange County Transportation Agency's Technical Advisory Committee, as well as Southern California Association of Governments Transportation and Utilities Committee. Traffic Engineering Mr. Foust has been heavily involved in several different FHWA funding programs, including the current ISTEA. This experience includes preparation of applications during calls for projects up to and including preparation of final Plans, Specifications and Estimates (PS &E) complying with FHWA and 03SaotaAnaS0Q.doc Caltrans requirements. The various programs Mr. Foust has participated in are Traffic Operations Programs to Improve Capacity and Safety, Hazard Elimination and Safety, Intelligent Vehicle Systems, Motorist Information Systems and Surveillance, and Pavement and Roadway Rehabilitation, among others. Examples of recent Traffic Signals and Modifications are as follows: • 20th and Olympic • 20"' and Cloverfield • 182nd and Western • Stewart and Colorado • 223rd and Frontage Road into the ARCO Refinery • PCH12 °d Street Widening Feasibility Study Computerized Traffic Flow Simulation Mr. Foust has considerable knowledge and experience with computerized traffic flow simulation including use of TRANSYT and SYNCHRO computer models. He routinely utilizes these models for both optimization of signal timing and as an analytical tool. As Project Manager, he utilized TRANSYT -7F to analyze computer runs in the performance of traffic signal Management and CORSIM (coordination and surveillance) projects for several cities. Traffic Studies Mr. Foust has extensive experience in the preparation of traffic circulation and transportation planning studies. These studies involve TSM/Transit options, parking management, residential traffic control, and the integration of operational traffic engineering with regional travel modeling and forecasting. Examples of recently completed studies include: • East Ocean Boulevard Improvement Study, Long Beach • Mission Viejo Hospital Traffic Study, Mission Viejo • Gateway Redevelopment Area Traffic Study, Laguna Niguel • Michelson Drive Residential Traffic Control Study, Irvine, • Peninsula Center Office Parking Management Program, Rolling Hills Estates • Palos Verdes Parking and Circulation Study, Rancho Palos Verdes • South Coast Plaza Area Transportation Study, Joint Effort: OCTA, OCTD, City of Costa Mesa and City of Santa Ana • Santa Ana/Orange Neighborhood Preservation Plan, Santa Ana/Orange • High Flow Arterial Concept Feasibility Study, OCTA • Ocean Front Boardwalk Feasibility Study, Newport Beach • University Drive Extension Deletion Study, Orange County • Spring - Walnut MPAH Realignment Study, City of Orange • PCH -Del Prado One -Way Couplet Study, Dana Point 08SantaAnaS0Q.doc RESUME TERENCE W. AUSTIN, Principal Education B.E. in Civil Engineering B.S. in Mathematics M.S. in Transportation M.B.A. in Business Administration Registration Traffic Engineer: CA #TR1123 Experience Mr. Austin is a principal with Austin -Foust Associates, Inc. He has been involved in transportation planning for over 30 years, with specific expertise in long -range planning and effective integration of transportation needs and strategies into overall land use and transportation system planning. As part of his transportation planning work, he has carried out numerous traffic studies in support of major highway improvement projects. Some examples of studies in which he has been the project manager are as follows: Orange County Transportation Corridors — Mr. Austin has been Project Principal for numerous special studies for Orange County's tollways. The studies have included interchange analyses, phasing analyses, and most recently a detailed study of the proposed extension of the Foothill Transportation Corridor (SR -241) from its current termination to I -5. The work has involved preparing traffic forecasts and carrying out capacity analyses for 40 land use /transportation alternatives. Freeway Interchange Studies - Mr. Austin has been Project Manager for numerous PSR and PR traffic studies for freeway interchange projects. Examples include I- 5 /Hasley Canyon Road, I- 5/Magic Mountain Parkway, I -5 /SR -126 connection (Santa Clarita Valley), 1 -5 /Crown Valley Parkway, and I -5 /Ortega Highway (Orange County). Riverside County to Orange County MIS. Mr. Austin was Project Manager for the Traffic Analysis part of this Major Investment Study. The work involved analyzing various alternatives for increasing capacity between the two counties. A major part of the work effort was analyzing existing and future traffic operations for the SR -91 freeway. With a proven ability to work with other professionals, Mr. Austin has participated in many multi - disciplinary teams on specific engineering projects. 08SantaAnaS0Q.doc dwWA Mw l4WA US T /N -FOUS T A SSOC /A TES, INC., TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING Effective January 1, 2008 — December 31, 2008 AUSTIN -FOUST ASSOCIATES, INC. STANDARD RATE SCHEDULE CATEGORY HOURLY RATE Principal $180 Associate $150-$165 Transportation Engineer $95-$135 Transportation Planner $90-$115 Transportation Analyst $85-$120 Design Engineer $120 Design Drafter $85 Technical/Clerical $70-$80 Direct expenses billed as actual costs 2223 Wellington Avenue, Suite 300 - Santa Ana, California 92701 -3161 Tel: (714) 667 -0496 Fax: (714) 667 -7952 www.austinfoust.com 08SantaAnaS0Q.doc Client #: 5091 &I IRTIFnI IR ACORDTM CERTIFICATE OF LIABILITY INSURANCE INSR LTR I TYPE OF INSURANCE 07124/08D/YY) 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 A-2008 200g_105 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91101 08/15/08 626 844 -3070 INSURERS AFFORDING COVERAGE INSURED Austin Foust Associates, Inc. 2223 Wellington Ave., #300 Santa Ana, CA 92701 INSURER A: Travelers Indemnity Co. of Connectic INSURER B. Travelers Property Casualty Co of Am INSURER c: Liberty Insurance Underwriters, Inc. INSURER D: INSURER E: COVERAGES 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. INSR LTR I TYPE OF INSURANCE POLICY NUMBER POLICY DATE MM /DDT/YY P DATE MMlDD/YY N LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1XI OCCUR 6803146L576 08115/07 08/15/08 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $300 000 MED EXP (Any one person) $5,000 PERSONAL& ADV INJURY $1000000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: POLICY X PRO- CT LOC JEF PRODUCTS - COMP /OPAGG $2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA515OL770 08/15/07 08/15/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO - AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY X OCCUR E] CLAIMS MADE DEDUCTIBLE RETENTION $ CUP6911Y974 08/15/07 08/15/08 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB7096Y659 09/01/07 09/01/08 X WC STATU- DTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional Liability AEE2001410108 03/25/08 03/25/09 $1,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents, volunteers and representatives ;� are named additional insured as respects general &auto liability for claims arising from y�?�� /3 the operations of the named insured. 1/ I I i 11VKM NI UKCU;IKJVKCKLr11 W VAIVt r_LLAI IVIV 1 Pn 13AV Nntlr -a tnr Nnn- Pnvmant of Prami„m City of Santa Ana Attn: Pedro Guillen 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WIKX X9t9t. TO MAIL 30_ _DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,X K 141 -UMU zo-b (fIV[)1 of 1 #S232629/M221123 PTMP1 © ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6803146LS76 ISSUE DATE: 07/24/08 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 Attn: Pedro Guillen 20 Civic Center Plaza 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 11) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and 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 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 This endorsement does not increase the lim- its of insurance stated in the LIMITS OF IN- SURANCE (Section III) for the Coverage Part. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any 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 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 inj u ry", "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. The City of Santa Ana, its officers, representatives are named additional liability for claims arising from the employees, agents, volunteers and insured as respects general operations of the named insured. Page 2 of 2 2006, The St. Paul Travelers Insurance Companies, Inc. CG D3 82 09 06 Includes copyrighted material of Insurance Services Office, Inc, with its permission. rrr__+w- rnoi A - pa'. G' 7-/5s AI IQTIGAI IC ACORD. CERTIFICATE OF LIABILITY INSURANCE NSR TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE D 08/18/ 8 /18/ 08 8D/YY) PRODUCER A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton 8r Associates 08/15/08 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 HOLDER. ALTER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91101 FIRE DAMAGE (Any one fire) $1,000,000 626 844 -3070 $10,000 PERSONAL & ADV INJURY INSURERS AFFORDING COVERAGE INSURED Austin Foust Associates, Inc. 2223 Wellington Ave., #300 Santa Ana, CA 92701 INSURERA: Travelers Indemnity Co. of Connectic INSURER B: Travelers Property Casualty Co of Am INSURER C: Liberty Insurance Underwriters, Inc. INSURER D: INSURER E: M1911I a: fix rl:&� 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 DATE D POLICY EXPIRATION DATE MM DD [YY1 LIMITS A GENERAL LIABILITY 68031461_576 08/15/08 08/15/09 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx_] OCCUR FIRE DAMAGE (Any one fire) $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $11,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY X PRO LOC A AUTOMOBILE LIABILITY ANY AUTO BA515OL770 08/15108 08/15109 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS LIABILITY X OCCUR F-1 CLAIMS MADE CUP6911Y974 08/15108 08/15109 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 DEDUCTIBLE X RETENTION $O $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB7096Y659 09/01/08 09/01/09 X WC STATU- I IOTH- LIMITS I I ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE _ $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional AEE2001410108 03/25/08 03/25/09 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are named additional insured as respects general liability for claims arising from the operations of the named insured. City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza P.O. Box 1988 M -20 Santa Ana, CA 92701 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WlNXWII=X= TO MAIL 30 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMEDTOTHELEFT,)W K ^�� ^� %"—ri or -I iFMZ34blU MILE © ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 68031461-576 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 08/15/08 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;Attn: Tonia Zerba 20 Civic Center Plaza; P.O. Box 1988 M -20 Santa Ana, CA 92701 -0000 PROJECT /LOCATION OF COVERED OPERATIONS: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products- completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. CG D3 82 09 07 The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services ". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Page 1 COMMERCIAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available 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 additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (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 CG D3 82 09 07 injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under 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 insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense 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. © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Page 2 v - /,� -5- GIB /C6 &,d ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YY) 6/18/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION )ealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE L99 S Los Robles Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ?asadena, CA 91101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 526 844 -3070 INSURERS AFFORDING COVERAGE INSURED - -- — INSURER A: Travelers Indemnity Co. of Connecticut kustin Foust Associates, Inc. INSURERS: Travelers Property Casualty Co of Ameri 2223 Wellington Ave., #300 JUN 2 2 2009 INSURERc: Liberty Insurance Underwriters Inc. Santa Ana CA 92701 SURER D: SANTA ANA PLANING DE INSURER E: COVFRAGFS .,HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 10TWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS :ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE ""ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I- TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS i� GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY . 1 CLAIMS MADE IX-1 OCCUR 6803146L576 8/15/2009 8/15/2010 EACH OCCURRENCE $1,000, 000 FIRE DAMAGE (Any one fire) $1,000, 000 MED EXP (Any one person) $10, 000 PERSONAL & ADV INJURY $1 000, 0 0 0 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP /OP AGG -a $2,000, 000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA5150L770 8/15/2009 8/15/2010 COMBINED SINGLE LIMIT (Ea accident) $1 000, 0 0 0 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY X OCCUR FI CLAIMSMADE DEDUCTIBLE X RETENTION $ 0 CUP6911Y974 8/15/2009 8/15/2010 EACH OCCURRENCE $4 000 000 AGGREGATE $4 000 00.0 $ $ A WORKERSCOMP ON AND EMPLOYERS' LIABILITY BILITY UB7096Y659 9/1/2008 9/1/2009 WC STATU- OTH- X MRY. LIMITS._ _ R E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1 0 0 0 0 0 0 E.L. DISEASE - POLICY LIMIT $1,000, 000 C OTHER Professional Liability AEE2001410109 3/25/2009 3/25/2010 $1,000,000 per claim $2,000,000 annual aggr DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are named additional insured as respects general liability for claims arising from the operations of the named insured. City of Santa Ana IT �;,�,, 20 Civic Center Plaza`­­ A3 TO P.O. Box 1988 M -20 Santa Ana CA 92701 it :ANCELLATION10 Day Notice for Non - Paymnt of Pren HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER TO 7L 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED LEFT. ACORD 25 -S (7197) - -1. 07ACORD CORPORATION 1988 POLICY NUMBER: 6803146L576 COMMERICAL GENERAL LIABILITY ISSUE DATE: 6/18/2009 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 20 Civic Center Plaza P.O. Box 1988 M -20 Santa Ana CA 92701 PROJECT/LOCATION OF COVERED OPERATIONS: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives PROVISIONS A The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products- completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services ". The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown n the Schedule, the insur- ance provided to that additional insured under this APPROVED AS TO FORM b 1 z ,l OENJAMIN KAUF AN hief Assistant City Attorney CG D3 82 09 07 Page 1 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available 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 additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (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 project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under 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 insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury' and "property damage" occurs, and the "personal injury' is caused by an offense 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. APPROVED AS TO FORD E JAMB i<AUFMA iet ssistant City Attorney CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission