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HomeMy WebLinkAboutBUCKNAM & ASSOCIATES - 2008� City ty of Santa t -a Clerk of the CoNh^~d AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effeci-, Return form tu the Clerk of the Council Office (&Y'3O) Call 047-O52Oif you have any queedons. MT',.' ========================================================== The agreement with No. was completed on and final payment has been nnad�� |l ^ Department /~ Phone/Ext., 56 q-0 Signature: Date: t4( Revised 12-07-07 A- 2008 -244 Ijp�su ,E QN FU UNTIL14SUROCE "PlRES 9- l c: CLERKOFCOUNCtEP 6 2008 CONSULTANT AGREEMENT DATE: L T n MIS AGREEMENT, made and entered into this 181h day of August, 2008 by and between Bucknam & Associates, 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 street pavement inventory and assessment. 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 perform services related to the City's Pavement Management Program, as set forth in Consultant's Proposal dated June 13, 2008, attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $100,000.00 during the term of this Agreement. Said total sum includes a contingency for additional work which may be authorized by the Executive Director of the Public Works Agency. 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 expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, 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: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. 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 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 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 of the terms of, or 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 terms of, or 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 that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Public Works and City of Santa Ana Attn: Design Engineering 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5635 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: Bucknam & Associates, Inc. Mr. Peter Bucknam 30131 Town Center Drive, Suite 295 Laguna Niguel, California 92677 telefacsimile 949- 363 -6505 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. 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. 13. 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. 14. 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. 15. 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REA City Manager BUCKNAM & ASSOCIATES, INC. PETE-ft J. BUCKNAM Vice President Tax ID# 3�;� --'1-'7-- EXHIBIT A PROPOSAL FOR THE 2008 UPDATE TO THE CITY OF SANTA ANA'S STREET PAVEMENT INVENTORY AND ASSESSMENT STUDY Qualifications & Experience Organization and Credentials With more than eleven years of managing change, Bucknam & Associates is committed to building stronger relationships with government organizations frequent communication and team building. We build long-term partnerships with agencies that expect and require accuracy, efficiency, and integrity in all aspects of community services. Our experienced staff is committed to ensuring that immediate and long -term goals are met and are a top priority in the development of program management, infrastructure management, financial, geographic information systems (GIS), and facility management projects. Our full- service Infrastructure Management - GIS Division provides comprehensive engineering and infrastructure management services, as well as database management, field inspection services, and GIS automation and management. Our staff consists of registered civil engineers, former Director of Public Works -City Engineers and maintenance specialists who can help implement solutions based upon specific facility /infrastructure requirements and provide assistance through each step of the project. Our extensive experience includes: •* Public Works Management •e` GPS Digital / Stereo Imaging • **e Management Studies & Services Water Resources Planning •:� ADA Self- Evaluation/Transition Planning City Engineering Services GASB 34 Compliance/Reporting ' +" Operational Studies Pavement -- CIP Management Federal & State Funding Assistance Pavement Data Conversion Traffic Control Device Inventory/Sign •e' Pavement Condition Surveys Inventories V4 PMS /GIS Coordination V* Infrastructure Grant Assistance + Intranet GIS Implementations Maintenance Management Programs + GIS Custom Applications 'ee Record Retention Services In addition to the extensive knowledge and experience of our infrastructure management professionals, Bucknam & Associates provides a broad scope of administrative, inspection, construction management, civil engineering, and GIS services to public agencies. The extensive experience of Bucknam & Associates staff, coupled with its service to more than 90 cities and other public agencies, assures our clients that the firm is a broad based resource with an understanding of the problems and solutions necessary for efficient public agency operations in today's complex governmental environment. Bucknam & Associates commits to providing its clients with personalized service. By selecting Bucknam & Associates, the City of Santa Ana will receive a strong, knowledgeable, innovative, and communicative team with the experience to implement a cost - effective management program. Our handpicked management professionals are committed to delivering quality services to the City. Our office is located in Laguna. Niguel, CA. We bring a wealth of experience to the City through our successful track record, pavement management knowledge through application, and relationship building through trust and adherence to schedule. We look forward to working with you on your project. 1 -1 "-�3IT Work Plan — Scope of Work Project Understanding As the City of Santa Ana's infrastructure matures, the City's staff is striving to update the City's Pavement Management Program (PMP) through cost effective citywide condition surveys, proactive management and Capital Improvement Program reporting. Additionally, the City is looking to build a strong and proactive residential maintenance program that will garner a positive return on future investments while being cost - effective with available funding. Through our staffs project level approach with the City and its pavement management program we will prepare an updated 2008 PMP that will not only build upon the extensive pavement data within MicroPAVER but will develop an updated budgetary capital improvement program that will address today's issue's and City's long -term goals. The City requires a team that will not only resurvey the pavement network using cost - conscious methodologies but will assist in the creation of a comprehensive program that includes updates to its multi-year CIP, educational training, operational procedure manuals, stewardship, GIS links, and the knowledge of the inner workings of MicroPAVER. As the City looks to improve upon the usability of the MicroPAVER software, our team brings the experience of over 70 pavement management projects in Southern California to the City (over 42 of these projects are managed through MicroPAVER) Through our extensive project experience we will deliver results to the City's primary goals of • Updating the City's Army Corps of Engineers MicroPAVER database; • Deliver and confirm a OCTA compliant report for Measure M certification • Surveying all 425 centerline miles of pavement; • Generating 2008 Pavement Condition Index (PCI) ratings for each segment; • Establishing solid recommendations for current / future arterial & residential maintenance needs; and • Creating a seven year Capital Improvement Program (CIP) that will be used on a annual basis and will identify capital funds necessary to meet a given level of service Furthermore, pavement management does not require a daily or monthly task driven project schedule once the system is in place; for any data management program to succeed you need staff understanding and motivation. We will work closely with City staff to steward and implement a solid, useable pavement management program that can be updated on a frequent basis through inspections and reporting preformed by City staff and/or through our technical services. With a completed survey, our team will work with you to establish a pavement management program that provides specific, manageable pavement segments, detailed maintenance schedules of needed repairs and cost conscious maintenance recommendations that will be used in preparing budget estimates required to complete the scheduled work for fiscal year 2008 and beyond. 2 -1 Work Plan — Scope of Work Project Approach The City of Santa Ana has recognized the need to continually improve the approach used for managing its pavement network. The City is currently using MicroPAVER 6.0 software to manage pavement data that has been collected over the past seven plus years. Our Project Manager, Mr. Peter Bucknam has worked with MicroPAVER for over ten years within Southern California covering over 40 projects. Mr. Bucknam is a team builder; he will build strong and frequent communication between Public Works, Maintenance and GIS staff to ensure project success and achievable long -term management goals for the City's Pavement Management Program. Additionally, he will be bringing ten -plus years of managing Orange County agencies through MicroPAVER to the City. We are confident that we can meet and exceed the City's projected timeline to complete this project (December 2008). We have developed project objectives that will: ❖ Assess and implement all recent work history maintenance data ❖ Assess all previous maintenance strategies, maintenance contracts and MicroPAVER tables to establish a current and viable PMP ❖ Determine the pavement network PCI condition status for all streets using recent inspections, work history events & deterioration models thus reducing project costs ❖ Enhance pavement rehabilitation/maintenance recommendations of each street segment ❖ Enhance /establish pavement rehabilitation/maintenance recommendations within each defined residential zone based on 2008 pavement conditions ❖ Recommend strategies for alternative construction methods; Scope of Services TASK 1: Project Kickoff - PMP Research Inventory & Review PMP and Street Network The success of a pavement management program truly resides in frequent communication and timely scheduled data updates and for the City of Santa Ana it will be essential to establish, up front, the City's immediate pavement management priorities. Our team will set a Project Kickoff meeting to further discuss and review in detail the expectations of the project, technical approach, finalization of the scope of work and the review of schedule and budget. The first key topics to be discussed will include the review and assessment of the existing MicroPAVER pavement plan/data, survey areas based on recent maintenance work and schedules, new construction, data quality and condition, current pavement procedures, historical expenditure levels, and desired service levels. Our project manager is trained in the most recent version of MicroPAVER 6.0.1 and will bring recommendations based on the new MicroPAVER tools to the City and this project. 2 -2 Work Plan — Scope of Work = N The first step in conducting the pavement condition assessment will be to validate and confirm the inventory segmentation criteria for the City's pavement network. This will be based on the information obtained from the City and the existing database and act as an initial quality control for standard street naming conventions. We will confirm all segmentation with City project staff prior to survey. TASK 1a: Update Maintenance and Rehabilitation Activities Based on the pavement maintenance that has been performed by in -house staff as well as contractual maintenance, our staff will review all activities that have been performed since the last major PMP effort. This data will be entered into MicroPAVER to enhance the accuracy and recommendations for the upcoming budgetary analysis and CIP reporting. Deliverable: Meeting minutes, project goals, action items, revised project schedule TASK 2: Safety and Quality Control Program Quality Control (QC), Status Meetings and Progress Reports We will use a statistical sampling approach for measuring the quality of our field technician's work. In this manner, 10 percent (43 miles) of the original surveys will be re- surveyed by a independent survey crew, supervised by a field supervisor, and the results will be compared to the original surveys. Our QC process involves checking the field crews' work in a "blind study" fashion. Quality control checks will be performed at the end of each work week during the survey efforts. This will be done to ensure that all field personnel are properly categorizing the distresses and that correct pavement quantities are established for all street segments. Since we are collecting distress information on our field Tablets with the Santa Ana MicroPAVER database live, our staff will perform several quality control tests within the pavement management software using a sample set of the City of Santa Ana's street distress data. This will ensure that all system and analysis settings as well as City recommendations and standards are programmed correctly. • Minimum of three meetings during the project (kickoff, field, and status meetings) • Monthly progress status reports will be delivered to City project manager Registered Engineer Mr. Steve Bucknam, P.E. will supervise all operations, review all completed data and prepare and sign a final report incorporating the results of our pavement evaluation and conditions. We will provide engineered recommendations for pavement rehabilitation and replacement design based upon field data and analysis. TASK 3: Pavement Condition Survey Once the pavement network to be surveyed has been verified, the inspection of approximately 425 centerline miles will be surveyed. Distress types will be collected based upon actual surface 2 -3 Work Plan — Scope of Work conditions and physical characteristics of the segment. Surveying methods will be conducted by remaining consistent with MicroPAVER & the Army Corp of Engineers (ACOE) sampling guidelines while being flexible to current City practices. We use a mixture of windshield and walking survey based on the street conditions found and street functional classifications. If the City has an available high- resolution aerial (approx. 3 "), we will use it to verify street measurements, this will greatly increase survey times and project schedules. If no aerial is available, we will verify segment areas through the City's GIS data and/or our quality control efforts in the field. Our first priority will be pavement condition analysis on the City's Arterial and Collectors. We will use the City's maps generated from Task 1 and database to survey the Arterial and Collector streets. Residential streets will be analyzed in a similar fashion; we will use the working maps from Task 1 to survey the required streets. The survey will be performed by a Bucknam & Associates team that brings a combined 25 years of MicroPAVER inspection experience to the City and has worked under Mr. Peter Bucknam for over ten years. Our use of MicroPAVER- Tablet units allows our staff to collect pavement data with the City of Santa Ana's MicroPAVER database live in the field. At the end of the day all data is transferred to our office for quality control and management. This functionality sets us apart from the competition where we are spending less man -hours to enter the data using the Tablets, while in turn using those man - hour savings to enhance other portions of the project such as CIP reporting, MicroPAVER training, on -call services, etc. A listing of the field attribute data that is updated/verified during the survey for the pavement management database is listed below: 1. Field Attribute Data (updated and/or verified) ❖ From/to, indicating the assigned limits of the section, street name, a street codification ❖ Street classification indicating i.e. local, arterial, or collector, # of lanes, surface type ❖ PCI tracking of historical values from previous inspections and 2008 PCI inspections ❖ Segment quantities, indicating the length, width, and total true area of the section ❖ Structural sections (if available from previous reports or City documents) We welcome staff members from the City of Santa Ana to join any portion of our survey efforts. Condition data will be evaluated for all street segments and shall include the following condition characteristics: ❖ ACOE Pavement 19 AC & PCC distresses by type, severity and area ❖ Pavement Condition Index (PCI), taking into account the surface condition, level of distress. The PCI value ranges between 0 -100, with 100 indicating new pavement. ❖ Other known or found issues (standing water, etc) Our staff will input all collected pavement data into the City's most current licensed software (we will assist the City in obtaining the most recent version of MicroPAVER if the City has not already done so). Using this software, all items listed above will be maintained by our staff for the duration of this project. All data management will be performed in -house at our Laguna. Niguel office using the software's most recent version release. From there we will coordinate 2 -4 Work Plan — Scope of Work A- 2008 -244 with your staff to implement the new files within your information services /communication network. Section Distress and PCI Reporting Once inspections are completed, we will generate a draft Pavement Condition Index (PCI) Report for City staff to review. Upon completion of the pavement condition survey and City review of the draft PCI report, we will prepare a report that documents the condition of all inventoried pavement segments. The City and our staff will review these reports to ensure that all inventory data is correct and the project is running smoothly. Deliverable: Project status — quality control (monthly), draft PCI report. DEVELOP RECOMMENDED IMPROVEMENT PROGRAM TASK 4: Maintenance & CIP /Budgetary Analysis We will assist the City in developing the most cost - effective preventative maintenance, repair and rehabilitation strategies possible as well as, optimize the City's Maintenance program. This will be accomplished by meeting with the City to discuss and strategize on maintenance activities that would be applicable to the City. Based on the City's current asphalt applications and other maintenance practices used we will conduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network. Based on our findings, we will present the results and recommendations to City staff for consideration. This analysis will become an essential building block for the 2008 Maintenance program review and implementation. We will establish a maintenance "decision tree" that will be used to generate pavement recommendations that match current 2008 maintenance approaches. The pavement software will generate a deterioration curve based on functional class (arterial, residential, industrial) and age. Our staff will review the City of Santa Ana's deterioration curves that have been developed based on historical pavement conditions, surface type, and road class. The curves will be modified based on local pavement conditions present at the time of the survey. The strategies that are typically reviewed and included are rehabilitation and reconstruction (R &R), localized maintenance, slurry seals and overlay, the expected improvement in pavement condition, the life - cycle extension that would result and the unit costs for maintenance. All maintenance practices /unit costs will be integrated into PMS and will be derived from the review of the most recent construction bids for pavement rehabilitation and will account for inflation when long-term projections are made through the program software. Our staff will also review and edit/establish residential maintenance zones that will allow the City to proactively schedule localized maintenance efforts throughout the upcoming 7 -year CIT. i Deliverable: Project meeting minutes, summary report of maintenance and budgets 2 -5 Work Plan — Scope of Work Recommended Improvement Program / Priority Listing Reports Our Project Manager and Principal will work closely with City staff in defining repair and rehabilitation strategies during each fiscal year (i.e. 2008 - 2015). Once the repair /rehabilitation strategies have been defined, the software will be used to identify the recommended maintenance and rehabilitation projects for each street over a given period of time, which will cover a multi- year CIP schedule. The recommended budget scenarios and needs will be identified on the basis of several criteria: Present pavement conditions; Desired levels of service and available resources •' Cost benefit of individual strategies (i.e. reach a PCI of 80 in 7- years, current $multi- million budget, maintain PCI budget and $constrained budget ❖ Accrued backlog levels and stabilization of maintenance backlog Future routine and major maintenance needs based on projected deterioration rates •* ** Future OCTA and AHRP objectives and goals and improving citywide weighted PCI The primary emphasis of this task is to maximize the programming of street maintenance projects using the most cost - effective strategies available and taking into account a life -cycle cost analysis of each strategy recommended. A working "draft" Final Report will be generated for City staff to review. This report will include an executive summary, the Pavement Condition Report as well as a summary of our findings from generating the actual and proposed budget scenarios. It will also include: Priority listings (PCPs from 100 -0) •:' Multi -Year CIP identifying arterial and residential maintenance (per section) •R' Recommendations for neighborhood residential maintenance in "groupings" or zones. •:* Executive Summary and Methodologies used Deliverable: Project meeting minutes, summary report of budget scenarios TASK 5: OCTA Reports / Citywide CIP Report Based on the City staffs review and comments of the Draft Final Report we will deliver the Final Report to the City which will be technically useful for staff reference and presented in a way that is beneficial for elected officials /upper management. The Final Pavement Management Program Report will provide a summary of the findings from the condition survey with the corresponding recommendations for the implementation of the most cost - effective maintenance program each year. This report will assist the City in complying with OCTA and its most recent requirements. The report will be prepared in a format that uses the information found in the computerized PMP reports in conjunction with the information and analyses performed by our team. City staff will supply a list of the projects that should be included in the study. The report will also provide the City with information on: 2 -6 J Work Plan — Scope of Work 'a ❖ Current inventory and pavement conditions indices (PQ shown in digital tabular format for all road classes and surface types (pavement condition report, priority listings) ❖ Projected annual repair /rehabilitation programs for street maintenance, for each street, for the 7 -year period (Forecast Maintenance Report) that demonstrates the largest return on investment and brings pavement conditions to an acceptable level ❖ Demonstration /comparison of budget scenarios (i.e. maintain current PCI; reach a PCI of 80 within seven years, constrained, etc.) ❖ Strategies and recommendations for the City's Maintenance programs and procedures, including a preventative maintenance schedule ❖ Supporting documentation required by OCTA ❖ A detailed breakdown of deferred maintenance (backlog) which will allow the City to measure and understand its impact to current and future capital projects Additionally, we will work closely with City staff in the preparation and presentation of our Final Report (PowerPoint format) to City Council and/or upper management. This will include a one- hour presentation to City staff and a general, fifteen minute, non - technical presentation for City Council. Deliverable: Three copies (one original) of the Draft Pavement Management Program Report, in binder form, to be reviewed by the City. Three (3) copies of the Final Pavement Management Program Report will be sent once all comments and reviews are completed by City. Digital copies of the final report will also be delivered for the City convenience. Final pavement management database will be installed at City. Work Flow / Project Schedule Our project schedule shows each major task identified in our scope of work, as well as quality control milestones and meetings. Task 1 - Project lGckoff4W Research Assessment of Relevant PMP Data Task 7a - Update Maitenance and Rehabitation Acthdies Task 2 - Safety and Quality Control Program - -- - -- - - -- -- -- — - --- - - -- - -- -- -- Task 3 - Pavement Condition Survey Project Status Meeting Prepare Pavement Condition Report City Review of Pavement Condition Report Project Status Meeting Develop Recomonended Improvement Program Task 4 - Maintenance & CIPBudgetary Analysts Preparation of R--- mended Rehabiation Progr m Task 5 - &TA Reports f Ci ywide CPR Report City P.eivew of Executive Summary! Final Report Project Status Meeting Our goal is to have all City comments addressed and included in the Final Report prior to or on November 28, 2008. 2 -7 EXHIBIT B FEE PROPOSAL Q v Q Q a Q LL O U co CD CD N V v, �F+ i CD E N N CD N Q V C m O C CD CD to L co �O �o H O O N CL O a N N m c L a E 0 m� O 0 m0 d9'OM_(0 cNov 0)N CU CU 1 ��' _0 � L �k r co �!' L � M CV) tp O � E LO h N 5 ¢ � L U N O L O , a) fA E E O cc cc c0 COQ C O` O a � _ L w co 0 o M r er Q3 C to to go � U ca I L O Cl) U a) �- a) ` L v eN-- C' v C) R O 7 0 LOL � _ 3 o c a tc N a 3 ca L r v co O .0 a � r" 3 U ttC) O N ty L L 3 as c iv N ¢ ca can O = cc U CD 0 C =' a) C +_� c0 o U 3 U d ¢ LO .. O to v 0 04 0 d- o c Q «= X E >, as E O � of a) CL L o Q ¢ CL C a� to p LO Q' L am° :B CL O n E« d o ,cc ed o ccU ca L CD a) -a ° Z 'a m a� C O d p O E m U .Q �o U) as O co O a) t: O 0 mm� � *' R E o CU E U� a� 3 as CO d U mcc am dC9��� o»ar�o�°6 aNiy LL G1 U CU O C Q a3 O O) E = N O rr O Y CO N LL ca CD C :3 m Z , E (D ¢ L Co O E ca oar > > c� E�aaF- �° coo �' n >U o o m aDcnao20 Qa �O— 1°— 0 20 0 0 ¢ CIS N ch v to to 1- co N Ad N U) N� N Ae F- F.. F - F - cc a3 a3 a E 0 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 , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by 10 Authorized Representative Client#: 50903 BUCKASO ACORD- CERTIFICATE OF LIABILITY INSURANCE 08/28108Dmrn PRODUCER HRH Professional Practice Insurance Brokers, Inc. 2030 Main Street, Suite 350 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. AD NSR TYPE OF INSURANCE Irvine, CA 92614 -7248 POLICY EFFcCTI'JE DATE MM /DD/YY INSURERS AFFORDING COVERAGE NAIC # INSURED BUCKNAM & ASSOCIATES, INC. 30131 TOWN CENTER DR STE 295 LAGUNA NIGUEL, CA 92677 INSURER A: Travelers Property Casualty Co of Am 36161 INSURER B: Travelers Indemnity Company of CT 25682 INSURER C: Continental Casualty Company 20443 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 AD NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFcCTI'JE DATE MM /DD/YY POLICY EXPIRATION DATE MM /DD/YY LIMITS • GENERAL LIABILITY 680488OL652 09101/08 09/01/09 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300,000 CLAIMS MADE 51 OCCUR MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000,000 POLICY PRO LOC JECT • AUTOMOBILE LIABILITY ANY AUTO 680488OL652 09101/08 09/01/09 COMBINED SINGLE LIMIT (Ea accident) $1'000'000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON- OWNEDAUIOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS /UMBRELLA LIABILITY CUP7637Y444 09/01/08 09/01/09 EACH OCCURRENCE s4,000,000 X OCCUR 7 CLAIMS MADE AGGREGATE s4,000,000 $ DEDUCTIBLE $ X RETENTION $ O B WORKERS COMPENSATION AND UB711OY58A 09/01108 09/01/09 X WC LIMIT O R EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? II yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional AEA113988680 01102/08 01102/09 $1,000,000 Per Claim Liability $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS GENERAL LIABILITY: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED ADDITIONAL INSURED PER ATTACHED ENDORSEMENT. 123itI" aM-11 ai L•1, 9,104 ki CITY OF SANTA ANA PUBLIC WORKS AGENCY M -36 ATTN: JASON GABRIEL, PROJECT MGR. PO BOX 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL R9RXjt MAIL _30 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,ypIIRRAI K REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #S442608/M441659 CCL © ACORD CORPORATION 1988 t .+ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001/08) 2 of 2 #S442608/M441659 r O. COMMERCIAL GENERAL LIABILITY POLICY NO. 680488OL652 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; 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. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services ". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring 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 the insurance provided to an additional insured under this 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 ". 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 insured when the insured is 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 any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. i 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 a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the COMMERCIAL GENERAL LIABILITY "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. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. r ACORD- v5V CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) PRODUCER 12/12/08 HRH Professional Practice THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2030 Main Street, Suite 350 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92614 -7248 INSURERS AFFORDING COVERAGE INSURED NAIC # BUCKNAM & ASSOCIATES, INC. INSURERA: Travelers Property Casualty Co of Am 36161 30131 TOWN CENTER DR STE 295 INSURER B: Travelers Indemnity Company of CT 25682 LAGUNA NIGUEL, CA 92677 INSURER C: Continental Casualty Company 20443 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. _TR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM /DD/YY DATE MM /DD/YY LIMITS A GENERAL LIABILITY 6804880L652 09/01/08 09/01/09 EACH OCCURRENCE X COMMERCIAL GENERAL LIABILITY $1 000 000 � DAMAGE TO RENTED $300 000 CLAIMS MADE L^ OCCUR CITY OF SANTA ANA PUBLIC WORKS AGENCY M -36 ATTN: JASON GABRIEL, PROJECT MGR. PO BOX 1988 Santa Ana, CA 92702 ACORD 25 (2001/08) 1 of 2 #M448619 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Rb08MRXR MAIL _.A 0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ")tR91 REPRESENTATIVE CCL © ACORD CORPORATION 1988 MED EXP (Any one person) $5000 PERSONAL & ADV INJURY $1 0000 0 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2 000 000 POLICY JET LOC A AUTOMOBILE LIABILITY 680488OL652 09/01/08 ANY AUTO ALL OWNED AUTOS 09/01/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY ( Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) $ X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ A EXCESS /UMBRELLA LIABILITY CUP7637Y444 09/01/08 X OCCUR � CLAIMS MADE $ 09/01/09 EACH OCCURRENCE $40000 0 AGGREGATE $4,000 0(0 $ DEDUCTIBLE $ X RETENTION $ 0 $ B WORKERS COMPENSATION AND UB7110Y58A EMPLOYERS' LIABILITY 09/01/0 09/01/09 X WC STATU- OTH- ANYPROPRIETORlPARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? S yes, describe under SPECIAL PROVISIONS below 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 AEA11398868001 01/02/09 Liability 01/02/10 51,000,000 Per Claim DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS GENERAL LIABILITY: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED ADDITIONAL INSURED PER ENDORSEMENT. 52,000,000 Aggregate ATTACHED / CITY OF SANTA ANA PUBLIC WORKS AGENCY M -36 ATTN: JASON GABRIEL, PROJECT MGR. PO BOX 1988 Santa Ana, CA 92702 ACORD 25 (2001/08) 1 of 2 #M448619 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Rb08MRXR MAIL _.A 0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ")tR91 REPRESENTATIVE CCL © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 of 2 #M448619 POLICY NO. 680488OL652 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; 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. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another C. endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services ". The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring 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 the insurance provided to an additional insured under this 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 ". 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 insured when the insured is an additional insured under any other insurance. 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 any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 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 a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the COMMERCIAL GENERAL LIABILITY "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 CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Client #: 50903 BUCKASO ACORDTM CERTIFICATE OF LIABILITY INSURANCE 0 DA /1 /0 OD/YYYY) 8/14/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis Ins. Srvcs of CA, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 18101 Von Karman Ave HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92612 INSURED BUCKNAM & ASSOCIATES, INC. 30131 TOWN CENTER DR STE 295 LAGUNA NIGUEL, CA 92677 COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Casualty Co of Am 36161 INSURER B: Travelers Casualty Insurance Co of A 19046 INSURER C: Continental Casualty Company 20443 �I J, INSURER D: I•/� 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. INSR DD' LTR NSII TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MM /DD/YY , LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 68 0488OL652 09/01/09 09/01/10 EACH OCCURRENCE $1 OOOOOO ORMAGE TO RENTED urrence) $1 OOO OOO MED EXP (Any one person) $10-10— 0— 0— PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMP /OP AGG s2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 680488OL652 A.PPRO V Lau 09/01/09 D AS i <� a Stitt Sheedy 09101/10 , rrl - ' ' COMBINED SINGLE LIMIT (Ea accident) $INCLUDED BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO LD - AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: $ A EXCESS /UMBRELLA LIABILITY X1 OCCUR ❑ CLAIMS MADE 2 DEDUCTIBLE X RETENTION so CUP7637Y444 UB711 OY58A 09/01/09 09/01/10 09101110 _ AGG EACH OCCURRENCE $ $4,000,000 AGGREGATE $41000,0-0-0— B _ WORKERS COMPENSATION AND J EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 09/01/09 X PVL. STA I U- O1 H- $ 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$2,000,000 AEA113988680 01/02/09 01/02/10 $1,000,000 Per Claim Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS GENERAL LIABILITY: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED ADDITIONAL INSURED PER ATTACHED ENDORSEMENT. �TIr1I'A Tr 11A1 e�r� CITY OF SANTA ANA PUBLIC WORKS AGENCY M -36 ATTN: JASON GABRIEL, PROJECT MGR. PO BOX 1988 Santa Ana, CA 92702 arnon 94 r9nnirnc% . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL (RRXjk MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Aj(XR* K REPRESENTATIVE -' 1 V1 � 1r1V1.+"`404 CCL © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #M457482 POLICY NO. 6804880L652 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; 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. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services ". The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring 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 the insurance provided to an additional insured under this 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 ". 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 insured when the insured is 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 any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the AUTHORIZED REPRESENTATIVE COMMERCIAL GENERAL LIABILITY "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. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Client #• RI If�KACrI `ACOR�,M CERTIFICATE OF LIABILITY INSURANCE °��' MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 12/30/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis Ins. Srvcs of CA, Inc_ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 18101 Von Karman Ave HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600 A Irvine, CA 92612 INSURERS AFFORDING COVERAGE NAIC # INSURED BUCKNAM 8r ASSOCIATES, INC. 30131 TOWN CENTER DR STE 295 LACUNA NIGUEL, CA 92677 INSURER A: Travelers Property CaSUalty CO Of Am 36161 INSURER B: Travelers Casualty Insurance Co of A 19046 INSURER G: Continental Casualty Company 20443 INSURER D: INSURER E: $1 OOO OOO MED EXP (Any one person) 3ES 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE TE MM /DD/YY POLICY EXPIRATION DAT M LIMITS A GENERAL LIABILITY 6804880L652 09/01/09 09/01/10 EACH OCCURRENCE $1 000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 OOO OOO MED EXP (Any one person) $1 O OOO CLAIMS MADE � OCCUR PERSONAL 8 ADV INJURY $1 OOO OOO GENERAL AGGREGATE $2 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2 OOO OOO POLICY PROT LOC A AUTOMOBILE LIABILITY ANY AUTO 6804880 L652 O9 /O1 /O9 O9/O1/1 O COMBINED SINGLE LIMIT (Ea accitlen[) $INCL IN GL _� A^ BODILY INJURY (Par person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS �O Q � QsY V _O � �� � � �- � � j�•C' ���� ! `� �1V' !� r�V�P _ �C/ L1y pStTf'y X BODILY INJURY (Par accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO A 51SL O� AUTO ONLY - EA ACCIDENT $ OTHER THAN E%� ACC $ $ AUTO ONLY: qGG A EXCESS /UMBRELLA LIABILITY X OCCUR � CLAIMS MADE CUP7637Y444 09/01/09 09/01/1 O EACH OCCURRENCE $4 OOO OOO AGGREGATE $4 OOO OOO g DEDUCTIBLE $ X RETENTION $ O B WORKERS COMPENSATION AND UB711 OY58A 09/01 /09 09/01 /1 O �( WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E -L. EACn ACCIDENT $1 OOO OOO E.L. DISEASE - EA EMPLOYEE $1 ,OOO OOO OFFICER/M EMBER EXCLUDED? IT yes, tlescribe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1 ,OOO OOO C OTHER Professional AEA113988680 01/02/10 01/02/11 $1,000,000 Per Claim Liabilit $2,000,000 A re ate DESCRIPTION OF OPERATONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS PROFESSIONAL LIABILITY POLICY RENEWAL. ALL OTHER COVERAGE ENDORSEMENTS APPLY PER PREVIOUSLY ISSUED CERTIFICATES. (See Attached Descriptions) I.CrtIIr Il.Alc nVLUCrt GANGCLLAIIC)N - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SANTA ANA DATE THEREOF, THE ISSUING INSURER WILL A9NH�OrftiCX9i MAIL ±!1 DAYS WRITTEN PUBLIC WORKS AGENCY M -36 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE F7,]67lRRq� K ATTN= JASON GABRIEL, PROJECT MGR_ fe40oJaRl�Rx+ �aKa�xn�rKmKxlnlaKxxxarxwxx�axxlQKxKQCea [Keexac�otx>la;raoce�[ac�cxx PO BOX 1988 xr�esxo[ecoovx�[x Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 3 #M459601 CCL ©ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) GENERAL LIABILITY: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED ADDITIONAL INSURED PER ATTACHED ENDORSEMENT_ AMS Zb.3 (ZUNI /Utl) :S oT 3 #M45960 � IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ncoao zs -s <zooiios� 2 of 3 #M4596o7 Client #: 50903 BUCKASO ACORD,. CERTIFICATE OF LIABILITY INSURANCE 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 /241M/OD/YYYY) 08/24/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Willis Ins, Srvcs of CA, Inc. 18101 Von Karman Ave ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Suite 600 POLICY EXPIRATION DATE MM /DD/YY LIMITS Irvine, CA 92612 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Property Casualty CO 36161 30131 Town Center Drive, Suite 268 &Associates, Inc. 30131 Laguna Niguel, CA 92677 114SURER B: Continental Casualty Company 20443 INSURER C: X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR INSURER D INSURER E: DAMAGE TO RENTED PRE $1,000,000 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. S R LTR kDD'L NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE JMMIDDIYYI POLICY EXPIRATION DATE MM /DD/YY LIMITS A GENERAL LIABILITY 680488OL652 09/01/10 09/01/11 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR DAMAGE TO RENTED PRE $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2 000 000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000,000 POLICY PRO- JECT LOC A AUTOMOBILE LIABILITY ANY AUTO 680488OL652 09/01 /10 09/01/11 COMBINED SINGLE LIMIT (Ea accident) $INCL IN GL BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS APPROVED AS j TO FOR % , X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Laur t[ Sheedy GARAGE LIABILITY ASSTS Clty Attorney AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS /UMBRELLA LIABILITY CUP7637Y444 09/01/10 09101/11 EACH OCCURRENCE s4,000,000 X1 OCCUR EI CLAIMS MADE AGGREGATE s4,000,000 $ DEDUCTIBLE $ X RETENTION $ O A WORKERS COMPENSATION AND UB711 OY58A 09/01/10 09/01/11 X WCRY L TIU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E,L, EACH ACCIDENT $1 000,000 E.L. DISEASE- EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B OTHER Professional AEA113988680 01/02/10 01/02/11 $1,000,000 Per Claim Liability $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS GENERAL LIABILITY: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED ADDITIONAL INSURED PER ATTACHED ENDORSEMENT. Lz -R;;a 11.1 Le_ua: Lai erlM111 CITY OF SANTA ANA PUBLIC WORKS DESIGN ENG ATfN: JUDY ALVARADO PO BOX 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #S467969/M467934 CCL © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001108) 2 of 2 #S467969/M467934 COMMERCIAL GENERAL LIABILITY POLICY NO. 6804880L652 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED B. The following is added to Paragraph a. of 4. (Section II): Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; 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. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another C. endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services ". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring 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. However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this 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 ". 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 insured when the insured is an additional insured under any other insurance. 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 any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 a person or organization 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: AUTHORIZED REPRESENTATIVE COMMERCIAL GENERAL LIABILITY 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. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Client #: 50903 BUCKASO ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE 12 /312010YY) 12/31/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Ins. Srvcs of CA, Inc. 18101 Von Karman Ave Suite 600 CONTACT Cora Lim NAME: _ PHONE 949 885 -1200 FAX 949- 885 -1225 A/C No Ext : (A/C, No): E -MAIL ADDRESS: RODUCER -- Irvine, CA 92612 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED 30131 8r Associates, Inc. 30131 Too wn Center Drive, Suite 268 Laguna Niguel, CA 92677 INSURER A: Travelers Property Casualty Co 25674 INSURER B: Continental Casualty Company 20443 INSURER C : GENERAL AGGREGATE INSURER D PRODUCTS - COMP /OP AGG INSURER E, $ INSURER F: AUTOMOBILE LIABILITY ANY AU1 0 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: j THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL NSR UBR AfVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MMIDD /YYYY - LIMITS • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY _ CLAIMS -MADE 41 OCCUR - -- GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FRO LOC 1 680488OL652 09/01/2010 � 09/01/2011 - 1 EACHOCCURRENCE $1,000,000 DAMAG TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP /OP AGG $2,000,000 $ • AUTOMOBILE LIABILITY ANY AU1 0 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 6804�8y80�ff;J,; - ' �' i - �, �, ';,,`d td' i ` Jt 9/01/2010 - 09/01/2011 COMBINED SINGLE LIMIT (Ea accident) $INCL IN GL BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP7637Y444 9/01/2010 09101/2011 EACH OCCURRENCE s4,000,000 AGGREGATE x4,000,000 JvI� AI DEDUCTIBLE RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUI IVE OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A UB711OY58A 09/01/2010 09/01/2011 X WCSTATU- OTH- T. E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional Liab 7jAiEA113988680 Ded: $5,000 1 1/2/2011 1/2/2012 f $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 2011 -2012 PROFESSIONAL LIABILITY POLICY RENEWAL CERTIFICATE PREVIOUSLY ISSUED ENDORSEMENTS FOR GENERAL LIABILITY AND WORKERS COMPENSATION STILL APPLY. (See Attached Descriptions) t t I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SANTA ANA ACCORDANCE WITH THE POLICY PROVISIONS. PUBLIC WORKS DESIGN ENG ATTN: JUDY ALVARADO AUTHORIZED REPRESENTATIVE PO BOX 1988 _ ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S474196/M474102 CCL AMS 25.3 (2009/09) 2 of 2 #S474196/M474102