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PENCO ENGINEERING 2 - 2008
City of Santa Ana ' tit Clerk of the Council -- core office use ortly AGREEMENT TERMINATION FORM _ Please complete this form in its entirety when the attached agreement and all � ?N9 JUL 19 FMI3� I I amendments (if any) are no longer in effect. CITY Or SnAN Note: If your agreement is grant related, please ensure that all grant retention requirements CGA Fp(t c COUNCIL TA TAAN have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with .I No. t (1p "-)'l Q was completed on (List all amendments. Use space below N needed.) l( �� and final payment has been made. Department: A,,04 Phone/Ext.: x1 (' Signature: � i� l "'7 LT Date: IfZ2,6zli Re,sed 10-I3-16 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 8-/8-Od' _------- 'LERCLER � )U�i 2008 n,ITF. CONSULTANT AGREEMENT O: pWA/Des�gr �2� Na►"� �qr�d THIS AGREEMENT, made and entered into this 18t" day of August, 2008 by and TBrKGm between PENCO Engineering, 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-2008-218 A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and landscaping services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration 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 engineering and landscape architecture services on an on-call basis, as set forth in its Proposal dated May 22, 2008, attached as Exhibit A to this Agreement, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $200,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. 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 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent 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 negligent 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. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other 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. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 4 telefacsimile (714) 647-5635 and 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: PENCO Engineering, Inc. Irvine Technology Park, Bldg J-725 Irvine, California 92618 telefacsimile (949) 753-0775 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. if sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: f PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA M FA R,'! 1. - X N j- ;0 1 wil 11, 10 WORM, F11 A. , " E DAVID N. A� City Manager PENCO ENGINEERING, INC. GE GE A. JURICA ,� sident EXHIBIT A SCOPE OF SERVICES May 22, 2008 Souri Amirani City of Santa Ana, Public Works Agency 20 Civic Center Plaza - Ross Annex, 4th Floor Santa Ana, CA 92701 RE: PROPOSAL FOR ON-CALL ENGINEERING & LANDSCAPING DESIGN SERVICES Ms. Amirani, Thank you for allowing PENCO Engineering, Inc., the opportunity to submit a proposal for On -Call Civil Engineering and Landscape Designs for the City of Santa Ana. PENCO Engineering, Inc. appreciates the opportunity to support the City of Santa Ana in successfully delivering projects to further improve the community infrastructure and quality of life for your citizens. As you read our submittal proposal, please consider the following key points demonstrating the benefits PENCO Engineering, Inc. brings to the City of Santa Ana: • Work experience with the City of Santa Ana on such projects as One Broadway Plaza. Civil Engineering Services include street rehabilitation, traffic signals, traffic control and landscape improvements throughout the downtown area. • Strong working relationship with City staff. s Experience in projects of large and small size as well as varying complexity and scale as demonstrated in our proposal on page three through five. Efficiency and timeliness in completion of project requirements as easily verified by our references listed on page five. • We are committed to working on your projects as if we are an extension of your staff. Our resources shown on our Team are fully committed and such commitment is supported by George Jurica, PE, - Principal in Charge. Per the RFP - PENCO Engineering, Inc. and its sub -consultants, Leighton Consulting, Austin -Foust Associates, Inc. and ima + Design, Inc. guarantee that key personnel will be committed to perform the required tasks throughout the duration of the contract. I, George Jurica, President and CEO, for PENCO Engineering Inc. also state that this proposal is made without collusion with any other person, persons, company or parties submitting this proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer (myself) of the proposal has full authority to bind the principal proposer (PENCO Engineering, Inc.). In reading our submittal, we are confident that you will find that our firm's capabilities, technical expertise, and key personnel directly match the City's selection criteria. Please do not hesitate to contact me at 949-753-8111 or via e-mail at gjur_ica e icoc,ng.coni should you require clarification or additional information during the selection process. Sincerely, PENCO Engineering, Inc. George A. Jurica, P.E. President and CEO A- PROJECT UNDF—K5TANDING 1.General: PENCO Engineering, Inc. understands that the work, in general, may consist of civil engineering, architecture, landscape architecture, traffic engineering, survey mapping, construction engineering support, construction staking, construction inspection, geotechnical services and structural engineering services. These services are on a as needed basis and will be applied to various Public Works projects such as arterial and local streets, public parks, stadiums and others. Specific work may be include street repair and overlay of asphalt concrete and/or PCC streets, signing and striping, neighborhood traffic studies, signal modifications, landscape and irrigation, as well as irrigation and some architectural and structural design and modifications. PENCO Engineering, Inc. is confident that with our experience and our proposed team we can and will meet the City of Santa Ana's requirements set forth in the proposal. 2. Proposed jcom. PENCO Engineering, Inc. herewith assures the City of Santa Ana that we will comply with all requirements set forth in the scope of services, specifically related to the use of Microstation V8 CADD, City design standards, specifications and submittals. We will prepare a detailed project Scope of Work required for selected projects similar to the one included in sample projects "Attachment A" of this proposal. Prior to preparing the Scope of Work for a selected project we will discuss in detail, with the City of Santa Ana project staff, project requirements, specific goals, technical and non-technical, so that we may prepare an accurate project scope and schedule to meet all of the project needs. We will work very closely with the City of Santa Ana staff to establish the project scope that is complete and inclusive of all technical and project management requirements. E)• PROJI=CTAPPROACH Project Management: PENCO Engineering, Inc. project management includes overall project cost; schedule, quality control and monitoring efforts will extend from receipt of the Notice to Proceed through completion of the Construction Documents. PENCO Engineering, Inc.'s team will establish a formal and mutually acceptable Microsoft Office Project Schedule with the City of Santa Ana, which will detail the critical tasks and pin point critical dates for the beginning and ending of the critical tasks. PENCO Engineering, Inc.'s Project Manager will review and track the project progress, advising the City of Santa Ana at a minimum of once a month of progress and updated schedules, as well as track the coordination with the City, utilities and other affected agencies. The project schedule will be reviewed and approved by the City of Santa Ana prior to the start of work. 2. Preliminary Me� PENCO Engineering, Inc.'s initial task on any assignment will be to become familiar with the existing site conditions and to review available existing data as required for the assignment. A kick-off meeting with the City of Santa Ana will be conducted to fully understand the City's needs and objectives for the project. This meeting will also allow PENCO Engineering, Inc.'s team and the City to establish project schedule points of contact, establish administrative procedures, finalize design parameters, discuss existing site conditions, receive all available records related to the project as well as exchange City standards. We will adhere to City CADD Standards, including Microstation V8 CADD format. This meeting is important in establishing the structure for PENCO Engineering, Inc.'s team to work with the City as an extension of their project staff, to establish final product delivered to the City and the project schedule. 3. Quality Assurance/ Quality Control: The Project Team is committed to providing the City of Santa Ana with the best possible product, on schedule and within budget. To accomplish this, the Team has a Quality Assurance/Quality Control (QA/QC) Program that is organized in a manner that will accommodate the specific needs and requirements of the Project. PENCO Engineering, Inc.'s QA/QC program is generally divided into two phases: 0 a. Peer Review This review is performed by members of the Project Team as the work progresses. Prior to the start of any design work, an analysis is made to determine the technical requirements, the needs and requirements of the Client, jurisdictional requirements, and any fiscal constraints or schedule requirements of the Project. • At this time, specific quality control requirements and internal review procedures are established for the Project. The quality control requirements usually include the following: Analyzing design requirements and assigning work tasks to specific design or drafting staff. Conducted by personnel of equal or higher classification than the Staff accomplishing the work. 4 Establish internal review procedures. All designs are reviewed by members of the Design Team. Review of work, both completed tasks and those tasks in progress. The City of Santa Ana is encouraged to be involved in the QA/QC process. PENCO Engineering, Inc. will maintain regular contact with City Staff and will schedule project status meetings to insure that the project objectives are met to the City's satisfaction. b. Independent Review This review is conducted at various times by design personnel who are outside of the regular Project Design Team. In addition to the peer review, a detailed review of project work products will also be performed. This process involves the assignment of senior personnel, including Principals of the Team member firms, to perform detailed, independent reviews of the work being performed on the Project. The selection of senior personnel for this task is based on professional expertise, specific knowledge of similar projects, and years of experience. • Minimally, the detail reviewer's responsibility will include: 4 Evaluation of the overall project concept. Verification of the adequacy of the design to achieve the project goals. Evaluation of possible design alternatives. Recommendations made by the independent reviewer are made directly to the Project Manager, who has the responsibility to evaluate the recommendations and implement changes as required. 4. Project Kesearck: a. Field Review PENCO Engineering, Inc.'s Team will conduct a walk-through of the Project site with the City of Santa Ana staff to assess existing field conditions such as existing improvements, drainage and utilities which may affect the final design. b. Record Review PENCO Engineering, Inc.'s staff will review all available record data in the City of Santa Ana's files. Items such as improvement plans, drainage studies, topographic and right-of-way maps, etc., will be collected and reviewed for use in determining existing constraints for design of the project. 5. Prepare Field Survey PENCO Engineering, Inc. will research records to obtain horizontal and vertical control information throughout the Project site and generate precise field topographic surveys as needed. PENCO Engineering, Inc.'s Survey Crew will use the City of Santa Ana's horizontal and vertical control using NAD 83 datum to establish locations for the Project such as: ■ Major intersection monuments ■ Roadway centerline, driveway centerlines, pavement markings and striping, water valves, sanitary and storm manholes, catch basins, utility vaults, utility poles and guy wires, landscaping, fire hydrants and other features identified during the field review will be field surveyed. 6. Right -of W-4 Documents: In the event that the City of Santa Ana or PENCO Engineering, Inc. identifies the need for additional right-of-way, PENCO Engineering, Inc. will prepare legal description and plats for the right-of-way needed to complete the Project assigned. In addition, the preparation of the needed legals and Plats PENCO Engineering, Inc.'s staff will be available to assist the City of Santa Ana in meeting with the affected property owners to obtain/ negotiate the right-of-way needed. 7. Prepare Base Plan: PENCO Engineering, Inc. using the information obtained from our Survey Crew will prepare base maps for design use at 1"- 20' scale. Verification of consistency with existing conditions will be established during the site walk. All topographic features located in the field will have horizontal and vertical coordinates, including text descriptions. 7 8. Prepare rinal Plans & Specifications 60% SUBMITTAL - CHECK PLANS & SPECS PENCO Engineering, Inc. will prepare 60% check plans and specifications. The Project Manager will meet with the City of Santa Ana staff to review the submittal. At the conclusion of the 60% submittal review and following receipt of formal comments from the City of Santa Ana staff, documentation of all decisions and obtainment of agreement on all recommendations will be established before proceeding with the 90% Engineering submittal 90% SUBMITTAL - CHECK PLANS & SPECS PENCO Engineering, Inc. will prepare 90% check plans and specifications that will include all Concept Review comments made by the City of Santa Ana (i.e. final alignment and detailed profile with street hydrology and hydraulic calculations, etc.) 100% CHECK PLANS, SPECS & ENGINEER'S ESTIMATE SUBMITTAL Prepare 100% check plans, specifications and engineer's estimate and submit to the City of Santa Ana for review at approximately 100 complete. This submittal shall incorporate all the City of Santa Ana's 90% review comments and be based on the previous Engineering decisions. Final Plans, specifications and engineering will be included in the 100% submittal. All final review comments will be incorporated and original mylars will be prepared with appropriate signatures. These plans will then be signed by the City of Santa Ana to be released for solicitation of bids. Additionally, final specifications and cost estimates will be prepared and issued to the City. Y. F ngineer's Construction Cost Estimates: PENCO Engineering, Inc. is able to provide an estimate of probable construction cost for use by the City of Santa Ana in evaluating received bids and verifying the Project budget. Unit costs can be developed based upon recent bid tabs from the region as well as from input from regional Contractors. Quantity estimate and construction cost estimate can be prepared and submitted along with each plan review submittal to the City. 10. ,Jurisdictional Permits: PENCO Engineering, Inc. Team will work with the City of Santa Ana to process and obtain jurisdictional permits outside the City family needed to move forward with any Project. PENCO Engineering, Inc.'s Team has the technical expertise, ability and relations to assist the City of Santa Ana to obtain these jurisdictional if needed. A- PENCO ENGINEERING, INC. TEAM PENCO Engineering, Inc. Team will provide civil engineering and survey services. We have extensive experience with the City of Santa Ana. We are currently completing One Broadway Plaza with all street infrastructure Improvements. PENCO Engineering, Inc. will commit to the proposed Team to make key personnel available to complete any Project assigned with quality controlled work, on time, and in accordance with the approved schedule and within the projected budgets assigned. 15- PENCO ENGINEERING, INC. PROJECT MANAGER PENCO Engineering, Inc.'s Project Manager, Carlos Pineda, will work very closely with the City of Santa Ana in establishing the Project's requirements. Mr. Pineda will work very closely with our sub -consultants in managing the Team to deliver the City a final project that meets City standards, budget and schedule. Mr. Pineda will have project team meetings at least once a month (depending on size and schedule requirements) to review progress, schedule, technical requirements, coordination and the information needs for design for each team member. Meeting minutes will be published with action items for the Team and the City of Santa Ana staff. The City of Santa Ana staff will be part of the Team meeting as needed and/or as requested. C. TEAM ORGANIZATION CHART I City of Santa Ana George Jurica, PE Carlos Pineda, PE Jerry Burke, PE Principal -in -Charge Project Manager QA/QC Manager William Snow, PLS Sub -Consultants Brent Chamberlain, PE John Lee, PE Leighton Consulting Sr. Project Engineer Sr. Project Engineer Director of Survey and Mapping Austin -Foust Associates Ima Design, Inc. D. RESOURCE TIME ALLOCATION CHART 1 Kcsourcc Timc AIlocatic n O% 20% 40% 60% 80% 100% George Jurica, PE Principal -in - Charge ■ Carlos Pined a, PE - Project Manager. Z3 Brent Chamberlain, PE John Lee, PE - (StrUCtural) Project Engineer William Snow, PLS - Director of Survey Jerry Burke, PE - QA/QC Manager 9 A LEIGHTON CONSULTING INC -GEOTECHNICAL I PENCO Engineering, Inc. has solid working relationship with Leighton Consulting. When a project requires Geotechnical services, PENCO Engineering, Inc. will coordinate and facilitate the management of geotechnical services including: scheduling, oversight of preliminary sampling, testing, and exploratory excavations as well as the generation of geotechnical and material reports. PENCO Engineering, Inc. has a working history with Leighton Consulting, who, if needed, can work in conjunction with PENCO Engineering, Inc. to fulfill an of the City of Santa Ana's needs. This firm has performed geotechnical work all over Orange County and Southern California. rirm Profile: Leighton Consulting, Inc. (Leighton) provides engineer solutions to public agencies, property owners, and facilities. Their focus is the earth sciences encompassing the geotechnical and environmental disciplines. They provide a balanced team of licensed geotechnical engineers and engineering geologists experienced in identifying and mitigating geotechnical and geological hazards throughout California and Arizona. During their 47 year history, they have completed thousands of projects in the region, developing a vast database of geologic and geotechnical conditions, which is available to Leighton's engineers and geologists. Their clients benefit indirectly from this historical and scientific database. Their successful completion of projects up to $1 Billion in construction value, and over 35 awards for engineering excellence are a sound proof of their understanding of the importance of providing good service, on time and on budget for any size project, to sustain a long term relationship with their clients. Representative Projects On -Call Environment Services - City of Santa Ana Working under an on-call contract, Leighton has provided Phase I and II ESAs and remediation services for various projects, including the Transportation Center Art Wall and Bristol Street Widening, for the City of Santa Ana. Bristol Street Widening - City of Santa Ana In preparation for the widening of Bristol Street for the proposed Centerline Light Rail project, Leighton provided an investigation and identification of suspected underground storage tanks and associated fuel contaminants in site soils at First Street and Bristol in Santa Ana. Geophysical surveys were combined with direct push, hand auger, and hollow -stem auger soil sampling and selective trenching to identify a 10,000 gallon gasoline tank that had been abandoned in place. The environmental data was used to develop remedial response costs to offset the property purchase price. The tank removal and site remediation work was pending completion of the property purchase. Proposed Team: DJAN CHANDRA, PE, GE - PRINCIPAL ENGINEER Mr. Chandra brings 20 years of experience in geotechnical services for a broad range of projects including civil facilities, including large- scale residential and commercial developments, high-rise, transportation, governmental and utility projects. His areas of expertise include foundation design, soil reinforcement, slope stability analysis, finite element analysis, and computer applications in geotechnical engineering. His extensive experience in design and application of geosynthetics reinforcements in geotechnical engineering, including over steepened slopes, pavement sub grade stabilization, and segmental retaining walls has proven an asset on a variety of projects. He is familiar with various field monitoring equipment, such as inclinometer for slope monitoring, manometer level survey and settlement plate. VIVIAN M. CHENG, PE - PROJECT ENGINEER Ms. Cheng provides management and oversight of the work of other engineers and field technicians. She performs geotechnical engineering analyses, prepares reports, and provides oversight and monitoring of a broad range of geotechnical construction projects and supervises and reviews geotechnical engineering analyses and reports prepared by staff level engineers and field technicians. Her technical expertise includes design of shallow and deep foundation systems, seismic hazard analyses, settlement analyses, reinforced soil structures, slope stability analyses and ground improvement. Geotechnical Services: • Soft and/or compressible soils • Moisture sensitive (collapsible and/or expansive soils • Faulting and seismicity • Hazardous materials in the soils and/or ground water • Slope and excavation stability • Secondary seismic hazards such as liquefaction, seismically induced slope instability, lateral spreading, dynamic differential settlement, seiche and tsunami, etc • Ground water issues during construction • Methane and other hazardous gases • Corrosive and otherwise chemically active soils 13 B AUSTIN-FOUSTASSOCIATE.S,INC. -TRAFFIC PENCO Engineering, Inc. has solid traffic engineering skills, but if a detailed traffic investigation/ study, or traffic signal modification, is required we have a cohesive working relationship with the traffic engineering firm of Austin - Foust Associates, Inc who would work in a sub -consultant capacity on the PENCO Engineering, Inc. team. Austin - Foust Associates has worked with PENCO Engineering, Inc. on numerous street improvement projects in the past and we have developed an on-going working relationship where we share CAD files and understand each other's responsibilities. Firm Profile: Austin -Foust Associates, Inc., located in the City of Santa Ana for over 25 years, has previously been selected by the City of Santa Ana to provide traffic engineering consultation on an as -needed basis to assist the City in the consultant selection process. Austin -Foust 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. Traffic F r ineerinj `services: Proposed Team: Acting as Principal -in -Charge for this project, Joe Foust who prior to establishing Austin -Foust Associates, Inc. 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. 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. 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. DESIGN - an in-house design group with experience in various LAND USE / TRANSPORTATION PLANNING - Uses state - aspects of roadway design. This includes new roadways and of -the -art traffic forecasting procedures in relating land use major roadway reconstruction projects, highway widening and transportation demand, and the firm's planning experience resurfacing, intersection improvements, intelligent ranges from detailed local area applications to comprehensive transportation systems and signal system design. regional studies. CIRCULATION ANALYSIS - With applications ranging from EIR TRAFFIC ANALYSIS - The firm is well experienced in the General Plan Circulation Element preparation to specific studies requirements of such studies and has participated in many addressing existing and/or future transportation needs. successful EIR preparation efforts. TRAFFIC OPERATIONS - with applications ranging from TRANSPORTATION SYSTEM MANAGEMENT/ TRANSIT system -wide analyses to construction zone planning. The firm - Transportation System Management Plans for a variety of uses state-of-the-art simulation tools to develop solutions and existing and future developments, and has been involved in present findings for decision makers. various multi -modal studies. 14 C IMA + DESIGN - LAND5CAPE Aesthetics play a large role in society's determination of what a successful public infrastructure looks like. PENCO Engineering, Inc. has a close working relationship with the landscape architecture firm of IMA Design, Inc., who, when needed, can work in conjunction with PENCO Engineering, Inc. to fulfill any of the City of Santa Ana's needs. Firm Profile: ima + Design creates exceptional spaces that give form and character to the landscape, providing distinctive artistry and economic value for their clients. They consult, collaborate, imagine and define a project's scope and character - from large scale master planning to urban housing and destination retail - to create exciting and memorable people - oriented environments. ima + Design's varied experiences enables them to work with clients in defining and promoting a mix of real estate elements within a single development. They lend their expertise on determining the appropriate combination of uses, from large scale communities to smaller, urban infill sites. Once an anchor element is established, they can suggest and accommodate complementary uses including restaurant, retail, theater, residential or resort. By understanding the unique needs of these users, we can design appealing common areas that encourage pedestrian flow and community appeal. Their technical expertise complements their artistry, so their solutions are proven. Every step of the way, from conceptual design through process and implementation... Proposed Team: RONALD M. IZUMITA, FASLA - Senior Principal With more than thirty-six years experience, Mr. Izumita has been honored with a Fellowship by the American Society of Landscape Architects in 1990 and has been noted as the Most Distinguished Alumni of the Year Award from California State Polytechnic University, Pomona, in 1988. As president and founder of ima+design, he has developed a unique style and approach in serving clients. A consummate professional, he reviews projects from design, problem solving and programming points of view, drawing on his experience in research and project design. He has a special interest in dealing with unique socio-economic issues, which leads to his involvement of coordinating multi -disciplinary teams of planners, architects, engineers, economists, graphic artists and other specialists to develop innovative master plans and creative, cost-effective implementations. His background includes creative, diverse experience in providing landscape master planning and design solutions for resorts, theme parks, new communities, mixed-use commercial, mixed-use residential, entertainment and corporate development. ANN YAMASHIRO CUTNER, ASLA - Principal Ms. Cutner is a landscape architect with over twenty years of experience, managing the service and product quality provided by ima to some of the development industry's most prominent names. Her innate ability to understand and define the critical issues of projects, combined with her highly developed skills in bringing the design and implementation team into focus on those issues has consistently resulted in acclaim from clients. Ms. Cutner's record for on time, on budget delivery is commendable. Representative Projects: Corner Stone Village / Minnie Street + City of Santa Ana ima + Design met the needs of the City of Santa Ana to improve the Minnie Street neighborhood, by working with owners to invest in overdue property improvements. The City of Santa Ana agreed to updated landscaping, parking and streetscape improvements to eliminate blight, deter crime and improve a sense of community pride. Their landscape plan for this densely populated neighborhood included entry monuments at Minnie Street and McFadden Avenue as well as mid -block on Grant Street and Wakeham Avenue. Minnie Street became a narrow, one-way street to reduce cut -through traffic and provide wider landscaped sidewalks and medians. The Los Angeles International Airport + Los Angeles World Airports Improvements included new streetscape along Century Boulevard, signage and a garden portal at the Sepulveda/Century interchange. Future improvements call for new streetscape along Sepulveda Boulevard and enhanced landscape throughout the Central terminal. 15 EXHIBIT B FEE SCHEDULE FENCO Eitgiftmang, Ittc:. C10 Enginming Planning 10imtSWCM is Sa[v�eiv, ht+''�ttiCRSA1�}'. Effective May 1, 2008 through December 31, 2008 PERSONNEL HOURLY RATE President $ 215.00 Principal $ 200.00 Senior Project Manager $175.00 Project Manager $160.00 Survey Mapping Manager $148.00 Senior Project Engineer $148.00 Project Engineer $135.00 Senior Design Engineer $115.00 Design Engineer $ 105.00 Associate Engineer $ 90.00 Engineering Technician $ 80.00 Project Assistant $ 85.00 Processor $ 95.00 Senior Project Surveyor $143.00 Project Surveyor $125.00 Senior Survey Technician $105.00 Survey Technician $ 85.00 3 -Man Survey Crew $ 240.00 2 -Man Survey Crew $190.00 2 -Man Survey Crew w/ GPS $ 225.00 Any work performed after above effective date shall be billed under new fee schedule rates to be issued on or before December 31St of each year. REIMBURSABLE COSTS Reproductions; deliveries; travel; meals and lodging; facsimiles; models, renderings and photos; mylars; and diskettes, not included in scope of work. • All reimbursable costs shall be billed at a 15% markup. • Mileage shall be billed at $0.505 / mile (office staff only) • All accounts are due net 30 days from the date of invoice • Outstanding accounts shall be charged 1.0% per month. • All required overtime work shall be bill at 150% of the hourly rate ATTACHMENT "A" ANNUAL CIVIL ENGINEERING CONTRACT CONSULTANT RATE COMPARISON FORM :Consultant shall complete this form and include it along with the comprehensive fee schedule in the sealed fee envelope. This comparison is based upon design engineering services required for approximately one plan and profile sheet of street construction plans including specifications and cost estimate for the following sample project: A street rehabilitation project for a one -mile segment of a four -lane divided arterial that includes raised median islands. The sample plan and profile sheet shall be at 20 scale and conform to all requirements detailed in this RFP. On a separate sheet of paper, please provide a detailed scope of work for the tasks required to complete this sample project.. This form will be used for fee comparison purposes only. Description of Consultant Test or Services Unit Quantity Unit Cost Total Survey Please see the attached "annual aerial mapping contract consultant rate comparison form attachment A" attached. Desiqn and Draft Plans Principal Engineer Hours 4 $160 $ 640 Registered Engineer Hours 10 $1 35 $ 1 , 350 Assistant Level Design Hours 10 $ go $ goo Engineer Draftsperson Hours 10 Typist (Project Asst.) Hours 9_ $ RS $ 170 Hours $ $ Specifications Principal Engineer (PM) Hours 2 $ 160 $ 320 13 ATTACHMENT "A" (Continued) Registered Engineer Hours ^2 $ 135 $ 270 Typist (Project Asst.) Hours 2 $ 85 $ 170 Hours $ $ Hours $ $ As-Builting Registered Engineer (PE) Assistant Level Design Engineer (AE) Draftsperson (Tech) Hours 2 $ 135 $ 270 Hours 4 $ 90 $ 360 Hours 2 $ 80 $ 160 Hours $ $ Hours $ $ Total $5,410 14 SCOPE OF SERVICES CIVIL ENGINEERILTG SERVICES 1 MILE STREET REHABILITATION SANTA ANA, CALIFORNIA PRELIMINARY ENGINEERING A. KICK-OFF MEETING PENCO Engineering, Inc. will schedule a Kick-off Meeting with the City representatives. This meeting will serve to: 1. Develop the basic working relationship between the City, utility agencies and other agencies involved in the project by discussing responsibilities and proper lines of communication. 2. Discuss the project requirements, scope of work and project approach. 3. Establish a schedule and time and place of the future Project Team Meetings B. RESEARCH AND REVIEW OF AVAILABLE DATA PENCO Engineering, Inc. will research and obtain City records and documents including, but not limited to, existing improvement plans, topographic data maps, "As -Built" drawings, utility plans, geotechnical reports, studies and other pertinent information. The Project Team will review this information prior to beginning surveys and preliminary design. C. SITE EVALUATION PENCO Engineering, Inc. will perform visual field inspection of the street to determine areas of structural damage of existing AC and PCC pavement, curb, gutter, driveways, and sidewalk. Identify street sections that exhibit structural damage and establish the areas that need overlay and areas that need total replacement. In addition, PENCO Engineering, Inc. will evaluate existing access ramps and driveways for compliance with ADA requirements. PENCO Engineering, Inc. will also identify potential drainage problems and possible feasible locations for proposed catch basin inlets for the proposed storm drain system. D. UTILITY COORDINATION PENCO Engineering, Inc. will coordinate with the utility agencies throughout the design phase. If the proposed improvements interfere with existing utilities, we will arrange to have potholes taken by the utility company, if this can be accomplished in a timely mariner. Otherwise, any needed potholing will be performed under a potholing allowance provided in this agreement and a separate contract, if necessary. PENCO Engineering, Inc. will secure permits, if needed, from utility companies for the design and construction of the project. At this time, we do not anticipate the need to secure additional right-of-way. E. BASE SHEETS PENCO Engineering, Inc. will prepare Base Sheets utilizing the design survey, utility search data and existing street improvement plans for the project. These Base Sheets will be utilized for the preliminary design of the street widening and pavement rehabilitation / traffic signal modifications and signing and striping plans. The plans will be prepared at a 1"=20' scale for both the street and storm drain improvements. F. PAVEMENT EVALUATION PENCO Engineering, Inc. will work with the firm of Leighton & Associates, Inc. to prepare a pavement evaluation and recommendations for the proposed Street Rehabilitation Area. The following will be included in the pavement evaluation: 1. Review of existing/ available soil report/records available on file at the City to determine existing pavement thickness and potential for instability. 2. Preparation of a preliminary plan of our field investigation location based on the review of existing data and site visit, which included recommendations for soil borings and Underground Service Alert (USA) "Dig Alert" notifications. 3. Pre -field activities to mark the boring locations, to obtain clearance from USA, and to obtain permit from the City. The City shall pay all associated permit fees. 4. Field investigation, which will include drilling, logging, and sampling of twenty (20) borings. Boring locations will be cored a day prior to our field investigation. Borings will be drilled to the depth of 5' deep utilizing small -diameter (6 to 8 inches) hollow - stem auger. The total linear footage of drilling is estimated to be approximately 100 feet. These borings are intended to obtain subsurface soil characterization/ stratification, soil samples, and groundwater information, if encountered. Leighton Consulting, P:\2008\02344.00 - City of Santa Ana OnCall\Attachment A\Civil Engineering Scope of Services.5.20.08.doc Inc. will evaluate the information and provide the required geotechnical parameters for the design of pavement structural sections to the design team. 5. The proposed boring holes will be backfilled by the soil cuttings and patched with quick set concrete. 6. Leighton Consulting, Inc will place hazard signs and cones along the traffic lines in the area of our investigation for traffic control purposes. Professional traffic control crew costs are not considered as part of the proposed fee. 7. Soil samples will be collected in each boring. Ring samples will be taken at depths of 2.5 and 5 feet below the existing grade (bgs). Bulk samples will be obtained from the native soils for R -value and sulfate and chloride content tests. 8. Perform laboratory testing on selected samples to determine the soil properties, such as: classification/ stratification per Unified Soil Classification system, in-situ density and moisture content at depths of 2.5 and 5 feet bgs; sieve analysis; Atterberg Limits, Expansion Index; R -value; and sulfate and chloride contents. The soil samples for geotechnical testing are assumed to be free of contamination. 9. Engineering analyses to provide existing pavement thickness and geotechnical engineering design recommendations regarding pavement structural sections and rehabilitation measures. The rehabilitation alternatives will include Portland Cement Concrete Pavement (PCCP), grinding and overlaying with Glasgrid, and asphaltic concrete. 10. Five (5) copies of the final report consisting of our findings and recommendations will be submitted. G. DRAINAGE EVALUATION PENCO Engineering, Inc. will utilize survey information, as -built plans, and other existing available information to conduct a hydrology study of the project area. The study will be prepared in full compliance with the City and the County of Orange's Hydrology Manual Standards. The proposed improvements will be quantified and construction cost estimates will be provided to facilitate City decisions as to the scope of the construction. P:\2008\02344.00 - City of Santa Ana OnCall\Attachment A\Civil Engineering Scope of Services.5.20.08.doc II. PLANS, SPECIFICATIONS &ESTIMATES A. STREET AND DRAINAGE IMPROVEMENT PLANS Based on the City's selected alternatives for pavement rehabilitation and drainage, PENCO Engineering, Inc. will provide construction drawings at a scale of 1"=20' and 1"=10' for details. The street plans will be prepared in full conformance with the City of Santa Ana Standards. The proposed street and drainage improvement plans will provide the following improvements: 1. STREET IMPROVEMENT AND REHABILITATION PLANS PENCO Engineering, Inc. will prepare plan and profile sheets for the proposed street improvements and rehabilitation work. The plans will be prepared at a scale of 1"=20' horizontal scale and 1"=2' vertical scale. The plans will show the areas that need overlay or reconstruction. The plans will show all removals, new asphalt concrete pavement, and new and existing curb and gutter and sidewalk. The street improvement plans will also show the reconstruction of access ramps and driveways to City Standards. The plans will also show every utility valve cover and or manhole or vault that needs to be adjusted to grade and or protected in place. We anticipate twelve (12) sheets, including title sheet and two (2) detail and cross-section sheets. 2. STORM DRAIN PLANS PENCO Engineering, Inc. will prepare plan and profile sheets for the proposed drainage improvements for this area. The plans will be prepared at a scale of 1"=20' (horizontal) and 1"=2' (vertical). The plans will show the proposed catch basin locations for the proposed storm drain, utility crossings, etc. We anticipate a total of ten (10) sheets, including two (2) detail sheets. This assumption involves the design of approximately 3,500 If. of storm drain varying in size from 18" to 24" RCP. 3. SIGNING AND STRIPING PLAN PENCO Engineering, Inc. will prepare a Signing and Striping Plan as needed due to the roadway improvement project. The plans shall reflect current City traffic engineering standards and requirements. 4. TRAFFIC CONTROL PLAN PENCO Engineering, Inc. will prepare a Traffic Control Plan needed during construction due to the proposed street improvement. Traffic control plans shall be processed as a separate stand along set of plans. P:\2008\02344.00 - City of Santa Ana OnCall\Attachment A\Civil Engineering Scope of Services.5.20.08.doc B. QUANTITY CALCULATIONS AND ESTIMATES PENCO Engineering, Inc. will submit quantities and construction cost estimates with every submittal to the City. PENCO Engineering, Inc. will compare the construction cost estimates against the budgets provided by the City. Any overages will be brought to the City's attention immediately and recommendations will be presented for cost reduction. A final estimate will be provided to the City once the plans are approved and for comparison with the Bids. C. PREPARE PROJECT SPECIFICATIONS PENCO Engineering, Inc. will prepare general and special provisions for the project to conform to the City's standard template documents, including quantities, proposals, and engineer's estimates. Prepare bid schedule. Utilize City's general provision and bid forms to finalize a complete bid package. D. 60% DESIGN REVIEW We shall submit preliminary title sheet, base plan and profile sheets, drainage improvement sheets, sketches of details and sections, and preliminary quantities and cost estimates. E. 90% DESIGN REVIEW We shall submit plans, specifications, and quantities and cost estimates at the 90% level. All 60% design review comments shall be addressed at this time. F. 100% DESIGN REVIEW We shall submit final plans, completed specifications, and final quantities and cost estimates. All 90% design review comments will be addressed at this time. G. FINAL APPROVAL REVIEW We shall submit final plans, specifications, and revised final quantities and cost estimates. All 100% design review comments will be addressed at this time. H. PROJECT MANAGEMENT & MEETINGS To ensure understanding of the contract objectives and proper coordination between the team, meetings between the City and PENCO Engineering, Inc. will be held as specified in the Request for Proposal: a meeting for each of the submittals, 60%, 90%, and 100% completion. All project objectives, our work schedule, the terms of the contract, and any P:\2008\02344.00 - City of Santa Ana OnCall\Attachment A\Civil Engineering Scope of Services. 5.20.08.doc other related issues will be discussed and any technical problems resolved at the meetings. We will, at or before our meetings, supply four (or more if needed) copies of all completed reports, studies, plans, specifications, and estimates, which are ready for submittal. We will update the project schedule using Microsoft Project format and submit it to the City for approval. The Progress Reports shall be submitted at monthly intervals, indicating progress achieved during the reporting period in relation to the progress scheduled. We will provide the Project Manager with a copy of a Progress Report on a monthly basis or at least two working days before a scheduled meeting. A. MEETINGS PENCO Engineering, Inc. will attend the Pre -Bid Meeting and meet with the City, as needed, during the bidding process. B. PREPARE ADDENDA AND PLAN CLARIFICATION PENCO Engineering, Inc. will be available to answer questions from prospective bidders. If necessary, PENCO has allocated time to assist the City in the preparation of Addenda. V. CONSTRUCTION SUPPORT PENCO Engineering, Inc. will provide any appropriate technical services during the construction phase of the project, including but not limited to, consultation, plan interpretation (RFI's), and plan revisions resulting from changed conditions. Such revisions will be completed in a timely manner so as to avoid or minimize construction delays. In the event that plan revisions are required during construction, for other reasons than errors or omissions, they shall be considered extra work and additional compensation will be based on the hourly rates established per this proposal. PENCO Engineering, Inc. assumes a total of four (4) meetings or eight (8) hours in our estimate. AS -BUILT DRAWINGS A. JOB WALK, PUNCH LIST AND FINAL WALK THROUGH PENCO Engineering, Inc. shall perform a job walk near the completion of the project. PENCO will provide a punch list and review with the Client. Perform a final completion walk through and review completion or omission of punch list items with client. P:\2008\02344.00 - City of Santa Ana OnCall\Attachment A\Civil Engineering Scope of Services.5.20.08.doc B. PREPARE AND FILE "RECORD DRAWINGS" PENCO Engineering, Inc. shall prepare and submit Record Drawings of civil work after construction is completed. The contractor shall provide a redline markup of changes made during construction and any field data needed to correctly reflect the as -built condition. I. SCOPE EXCLUSIONS C. Right -of -Way acquisition; including legal descriptions and exhibits. D. Structural designs. E. Landscaping and irrigation. F. Electrical designs. G. Dry utilities. H. Potholing. I. Permit application fees. J. Underground utility main relocation. P:\2008\02344.00 - City of Santa Ana OnCall\Attachment A\Civil Engineering Scope of Services.5.20.08.doc ATTACHMENT "A" ANNUAL AERIAL MAPPING CONTRACT CONSULTANT RATE COMPARISON FORM Consultant shall complete this form and include it along with the comprehensive fee schedule in the sealed fee envelope. This comparison is based upon aerial mapping services required per the requirements described in this RFP for one 20 scale plan sheet showing 500 LF for a project with a total length of 1 mile. The cost comparison should include all cost necessary to satisfy the, requirements stated in the RI=P. Consultant may add more tasks and classifications to better represent actual staff and tasks. This form will be used for fee comparison purposes only. Description of Consultant Test or Services Unit Quantit Unit Cost Total 1 Mile/500 LF = Unit cost X10.56 Aerial Photoq_raphv A' I FI' irp ane fight LF 500' $ 32.90 $ 347.43 Principal Engineer Hours $ $ Technician (Field Data) Hours $ $ F; xor3 mnhi i i Znt; on fee Hours Hours Plan Di itizina. Field Edit and Mapping Preparation Principal Engineer Hours 1 Technician Hours 4.5 Editor Hours 2 Hours Page f of 2 $ $-540.00 Subtotal $ R B 7.4 $ 99 $ 1045.44 $_.272.25 $ 2874.96 $_121 $_j 277.76 Subtotal $� Description of Consultant Test or Services (cont'd) Unit Quantity Unit Cost Total Surveying (Centerline Cross-sections and Digital Terrain Model ANEWpan (50' x -section Hours 60 $2D -O— $ 12 0 0 0 Survey Crew Intervals) Office Time principal Hours $_ $ SPni nr pry .qurveyor Hours 2_ Survey Technician Hours 75 Project Assistant 6 Page 2 of 2 �Q�_ $ 1 , 6 0 0 $143 $3,432 $ 85 $_§, 375 85 510 Subtotal $ $23,917 - TOTAL 23,917 TOTAL $ 30,002.59 per mile Therefore cost per sheet based on 10 sheets per mile is $3,000 per sheet. SCOPE OF SERVICES SURVEYING SERVICES 1 MILE STREET REHABILITATION SANTA ANA, CALIFORNIA A. PROJECT LIMITS SHALL INCLUDE: 1. Street "A" from 200' west of 1St Street to 200' east of 4th Street; 2. Street "A" topo shall include a 300' wide strip centered about the street centerline; 3. All additional side streets (approximately 4 each) shall include topography 300' north and or south along existing streets, 4. Topographic features shall include finished surface elevations at a 10' grid at each of the centerline intersections included within the Street "A" topo limits. DELIVERABLES: 1. Aerial ground control targets will be placed seven (7) working days after execution of contract; 2. Digital Raster Image files (.tif) shall be delivered seventeen (17) working days after execution of contract. 3. Survey field measurements will be completed thirty (30) working days after execution of contract; 4. Aerial map compilation shall be completed thirty (30) working days after execution of contract; 5. Completed Topographic Survey Map and digital files will be completed forty five (45) working days after execution of contract. 6. Deliver hard copy plots, stamped and signed by a Professional Land Surveyor 7. Deliver electronic files in Micro -Station V8 format. A. RESEARCH PENCO Engineering, Inc. shall obtain copies of record maps (i.e.: Tract Maps, Parcel Maps and Records of Survey, Corner Records, Centerline Tie Notes, Benchmarks, and Utility Drawings) as available with governmental agencies and utility providers. B. CENTERLINE MONUMENT VERIFICATION PENCO Engineering, Inc. shall obtain field verifications of existing centerline monuments (i.e.: intersections and angle points), and reference tie points along curbs & gutters. PENCO Engineering, Inc. shall also obtain precise horizontal and angular measurements between each centerline intersection and or centerline angle point. Said field measurements shall be utilized to determine street stationing for subject street widening project. C. STREET CENTERLINE AND RIGHT-OF-WAY MAPPING PENCO Engineering, Inc. shall prepare centerline and side -line right-of- way base maps to depict existing and proposed street widths along the Street "A" length of project. Said mapping will also include lots/parcels adjacent to street right-of-ways along with intersection and alignment of streets that intersect Street "A" within the project limits. Mapping within this task will also include compilation of record data for the entire lot/parcel of each of the proposed ten (10) take parcels. D. GROUND CONTROL OF AERIAL MAPPING PENCO Engineering, Inc. shall place the required number of photo ground control targets to facilitate and satisfy current topographic mapping standards in accordance with American Congress of Survey and Mapping (AGSM) and American Society for Photogrammetry and Remote Sensing standards of 1999. PENCO Engineering, Inc. shall coordinate with the sub -consultant to provide aerial flight and topographic map of subject site. E. AERIAL MAPPING CONSULTANT Sub -Consultant shall provide topographic survey map to include one (1') foot contours, one hundred (100') foot spot elevations and topo limits to include a 300' wide strip topo along Street "A" centered about the centerline of said street. The westerly limits shall be 200' west of 1St Street and the easterly limits shall be 200' east of 4th Street. P:\2008\02344.00 - City of Santa Ana OnCall\Attachment A\Survey Scope of Services.5.20.08.doc F. PROJECT HORIZONTAL AND VERTICAL CONTROL PENCO Engineering, Inc. shall base the project horizontal control on the 1983 North American Datum (NAD '83), tied to a minimum of two (2) County of Orange, CCS83, Zone VI, 1991.35 shall be provided in U.S. survey feet. The County of Orange horizontal control points shall determine the basis of bearings for the project. The vertical control shall be based upon the North American Vertical Datum of 1988 (NAD '88) and shall be tied to a minimum of two (2) proximate County of Orange bench marks. The projects elevations shall be in U.S. survey feet. PENCO Engineering, Inc. shall also establish secondary project bench marks set at approximate 1000' intervals along Street "A" project limits. G. FIELD CROSS SECTIONS Cross section elevations taken at 50 ft. intervals with the placement of nails and tins along street centerline at 100' stations and painted cross along centerline at 50' stations. The sections will follow this format: property line/right-of-way, top of curb, flow line, lip of gutter, edge of pavement, finish surface at the centerline. H. TOPOGRAPHIC SURVEY MAP PENCO Engineering, Inc. shall prepare a detailed aerial and ground specific topographic map in accordance with the American Congress of Surveying & Mapping (ACSM)1999 mapping requirements for the project specified area as identified within item no. 9 below. Said mapping shall include: 1. One (1.0') Contours; 2. One -hundred (100') spot elevations; 3. Fifty (50') Cross Sections tagged with curb, flow -line, lip of gutter, edge of pavement and centerline of pavement finish surface and right-of-way natural ground elevations; 4. Identification of field located utilities along with invert elevations of existing sewer and storm drain facilities. I. LEGALS AND EXHIBIT PLATS FOR TAKE PARCEL PENCO Engineering, Inc. shall prepare legal descriptions and exhibit plats for each of the proposed "take (street widening requiring private property acquisitions) parcels" on an as -needed basis. P:\2008\02344.00 - City of Santa Ana OnCall\Attachment A\Survey Scope of Services.5.20.08.doc A. CITY OF SANTA ANA REQUIREMENTS All field surveying and office mapping shall conform with the current City of Santa Ana requirements which will include but not be limited to: 1. A copy of daily survey field notes; 2. Coordinate values and descriptions of all field points; 3. Provide electronic data in Micro -Station V8 format; 4. Adherence to the City of Santa Ana CADD standards; 5. Provide for the City's review of preliminary map prior to field job walk and edits; 6. Attend the City of Santa Ana staff meetings as specifically requested; 7. Coordinate all survey and mapping services with the City of Santa Ana's senior land surveyor; 8. Provide enhanced ortho photo's in .ecw format if specifically requested. B. ADDITIONAL WORK The work to be performed is strictly limited to those items detailed in the Scope of Work above. All work not set forth in the Scope of Work shall be deemed additional work. Should additional work be required, it is the responsibility of the Client to initiate negotiations for such work. Additional Work will be charged at our regular hourly rates, per the sealed Fee Schedule, and includes the time for travel to the jobsite. Additional work will not be commenced without written authorization from the Client. 1. All services to be performed on a Time and Materials (T&M) basis per the sealed Fee Schedule. All field survey hours to be verified by a daily job report form that will specify survey crew hours. C. PREMIUM TIME Work may be requested (due to the Client's schedule) during non -business hours. If such work is required, a request for premium time may be made. Premium time shall be deemed extra work and will apply to Scope items or Non -Scope items. Premium time will be paid at 1.3% of the hourly rates, per the sealed Fee Schedule, for extra work or for items already included in this Scope of Work, 33% of the hourly rate shall be paid. P:\2008\02344.00 - City of Santa Ana OnCall\Attachment A\Survey Scope of Services.5.20.08.doc EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by 10 Authorized Representative CONSENT CALENDAR 25.D. AGMT NO. 2008-212 - CABLING SERVICES AND RELATED EQUIPMENT - With Pacific Coast Cabling Inc. for a one-year period in an amount not to exceed $150,000 per year - Finance & Management Services Agency 25.E. AGMTS - ON-CALL SERVICES FOR WATER AND SEWER EMERGENCIES - With Doty Bros. Construction Company (AGMT NO. 2008-213), Paulus Engineering, Inc. (AGMT NO. 2008-214) and Ken Thompson, Inc. (AGMT NO. 2008-215), in an amount not to exceed $130,000 each — Public Works Agency 25.F. AGMTS - ON-CALL ENGINEERING AND LANDSCAPING SERVICES - With DMJM Harris (AGMT NO. 2008-216), URS (AGMT NO. 2008-217), Penco En ineering (AGMT NO. 2008-218) and Psomas (AGMT NO. 2008-219) in the amount not to exceed 2 0,000 for each firm — Public Works Agency 25.G. AGMTS — PROGRAM YEAR 2008-09 YOUTH PROGRAM OPERATOR AGREEMENTS Motion: 1. Authorize the City Manager and Clerk of the Council to execute agreements with the following Youth Program Operators for Program Year 2008-09 for a total of $828,073 - Community Development Agency • AGMT NO. 2008-220 — With Christian Latino Association of Music and Arts to provide training in music technology, work experience, job preparation, tutoring, and job placement for ten Out -of -School Youth in an amount of $48,230, through June 30, 2009; • AGMT NO. 2008-221 — With Orange County Children's Therapeutic Arts Center to provide tutoring, job preparation, work experience, and job placement for fifteen Out -of -School Youth in an amount of $107,000, through June 30, 2009; • AGMT NO. 2008-222 — With Orange County Conservation Corps to provide on-the-job training, tutoring, job preparation, and job placement for Out -of -School Youth in an amount of $114,174, through June 30, 2009. The total number of youth to be served will be negotiated by July 30, 2008; • AGMT NO. 2008-223 — With Orange County Department of Education to provide tutoring, career development, job CITY COUNCIL MINUTES 216 AUGUST 18, 2008 T ACORDT. CERTIFICATE OF LIABILITY INSURANCE 07/16/08D,YY, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton 8r Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR O. Box 10550 A-2008-218 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A: Travelers Property Casualty Co of Am Penco Engineering, Inc. INSURER B: Travelers Indemnity Co. of Connectic 1 Technology Park, Building J-725 INSURER c: Hudson Insurance Company Irvine, CA 92618 INSURER D: INSURER E: !`A\/CD A r CC 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 68030471-261 108101108 08/01/09 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $300000 X COMM ERCIAL GENERAL LIAB ILITY MED EXP (Any one person) $5,000 CLAIMS MADE a OCCUR IN DP. CONTRACTORS PERSONAL & ADV INJURY $1,000,000 X CONTRACTUAL INCLUDED X ,BFPD, XCU GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM IT APPL IES PER: PRODUCTS -COMP/OP AGG s2,000,000 POLICY X PRO- LOC jECT A AUTOMOBILE X LIABILITY ANY AUTO BA30641_859 08/01/08 08/01/09 COMBINED SINGLE LIMIT $1,000 000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG I $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR i7 CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND UB6872Y631 08/01/08 08/01/09 TH- X oc STATU- OFIR ' E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional AEE7188802 07/21/08 07/21/09 $1,000,000 per claim lability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services dy' Re: On Call Engineering Services City of Santa Ana, its officers, employees, agents, volunteers and (See Attached Descriptions) TE City of Santa Ana 20 Civic Center Plaza -Ross Annex (M-36) Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLD ER NAM ED TOTHELEFT, BUT FAILURE TO DO SO SH ALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURERJTS AGENTS OR REPRESENTATIVE ACORD 25S (7/97)1 of 2 #M231977 RLL © ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) representatives are additional insured as respects to General iability as required by written contract. Primary and Non -Contributing ..overage applies to GL as required by written contract. AMS 25.3 (07/97) 2 of 2 #M231977 333822 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 4. WHO IS AN INSURED (Section 11) is amended to include any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Cover- age Part, but: a. Only with respect to liability for 'ibodify injury", "prop" 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" to Mich the "contract or agree- ment requiring insurance" applies. Such per- son 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. Z The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. b. This insurance does not apply to the render- ing of" or failure t6"'render any "prof e:gslotial services", c. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in that "contract or agree- ment requiring insurance", 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 111) for this 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 the insurance provided to an additional insured under this Cov- erage 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 addi- tional 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 insur- ance 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. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DMONS (Section JV): We waive any rights of recovery we may have ag8Xsr-any -Persun 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 insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "per- sonal injury" offense is committed, S. As respects the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): CG D3 81 09 06 0 2006, The St. Paul Travelers Insurance Companies, Inc. Page I of 2 Includes copyrighted material of Insurance Services Wice, Inc., with its permission, Page 2 of 2 2006, The St Paul Travelers Insurance Companies, Inc, CG D3 81 09 06` Includes copynghted material of Insurance Services Office, Inc., with its permission. ACORD�CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YY) PRODUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana CA 92711-0550 8 3 2 0 0 9 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. THE AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE INSURERS AFFORDING COVERAGE INSURED Penco Engineering, Inc. � INSURER A: Travelers Pro ert Casualt Co of Ameri INSURER B:Travelers Indemnity Co. of Connecticut One Technology Park, Building J-725 Irvine CA 92618 INSURERc:Hudson Insurance Company INSURER D: Travelers CasualtV Ins. Co. of America GENERAL LIABILITY INSURER E: COVERAGFR HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING 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 TERMS, EXCLUSIONS THE AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE INS& BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 7/21/2010 LIMITS A GENERAL LIABILITY 6803047L261 8/1/2009 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $300 000 CLAIMS MADE OCCUR MED EXP (Any one person) $5 000 X ontractual PERSONAL & ADV INJURY $1 000 000 X BFPD XCU GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 000 000 POLICY X PRO _ LOC B AUTOMOBILE LIABILITY BA3064L859 8/1/2009 7/21/2010 X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY(Per person) $ X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY $ (Per accident) T`1v v PROPERTY DAMAGE (Per accident)) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY LaUitl ll L OCCUR CLAIMS MADE A,SS1SLa11C Cl Y' 1'""" ley EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ D WORKERS COMPENSATION AND UB6872YS31 8/1/2009 7 WC STATU- OTH- $ EMPLOYERS' LIABILITY / 2 �- / 2 010 X T E.L. EACH ACCIDENT $1 000,000 E.L. DISEASE - EA EMPLOYE $1,000,000_ OTHER E.L. DISEASE - POLICY LIMIT $1,000,00 0 C AEE7188803 7/21/2009 7 Per Claim Professional Liability /21/2010 $1,000,000 Annl Aggr $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS eneral Liability policy excludes claims arising out of the performance of professional services. Independent Contractors Included. e: On Call Engineering Services City Of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects to General Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written contract. CERTIFICATE HOLDER ADDITIONA RED; INSURER LEITER:,.--.--,,., CANCELLATION10 Day Notice for Non-Paymnt of Prem OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SHOULD;THE City of Santa Ana 20 Civic EFORE EXPIRATION DATE THEREOF, THE ISSUING INSURER TO MAIL 30 YITTEN RLEFT, Center Plaza -Ross Annex (M-36) CERTIFILL EOHOLDER NAMED TTOR THE IFAILURE CE TO HTO Santa Ana CA 92701SHALL BUT DO SO IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON HE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV -- "11 �OACORftCORPCTIOL988� ACORD 25S (7/97) COMMERICAL 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 in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "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 opera- tions; 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 per- son or organization has assumed liability in a con- tract 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 cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. 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 Declara- tions 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 Cov- erage 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 addi- tional 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 insur- ance 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 CON- DITIONS (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 insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal 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 un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" 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 Page 2 Of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. ACORD. CERTIFICATE OF LIABILITY INSURANCEF7/23/20MID10 OTWITHSTANDING 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 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 68030471,261 7/21/2011 INSURERS AFFORDING COVERAGE INSURED PENCO Engineering, Inc. One Technology Park, Building J-725 Irvine CA 92618 WU INSURERA: Travelers Property Casualty Cc of Ameri INSURERB:Travelers Indemnity Co. of Connecticut INSURERc:Hudson Insurance Company INSURER D: Travelers Casualty Ins. Co. of America INSURER E: b COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING 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 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 7/21/2010 POLICY EXPIRATION LIMITS A GENERAL LIABILITY 68030471,261 7/21/2011 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $1,000, 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ZI OCCUR MED EXP (Any one person) $10,000 PERSONAL BADV INJURY $1,000,000 X Contractual X BFPD XCU GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 PRO- LOC POLICYFX ]JrCT F-1 B AUTOMOBILE X LIABILITY ANY AUTO BA3064L859 7/21/2010 7/21/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) X X HIRED AUTOS NON -OWNED AUTOS APPROVED AS O FORM BODILY INJURY (Par accident) $ PROPERTY DAMAGE $ (Per accident) GARAGELIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO Laura Stlt h ASS1Stan A edy - torne OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY OCCUR FICLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB 6 8 7 2 Y 6 31 7/21/2010 '7 / 21 / 2 011 X wcY TATIu- X oTH- 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 AEE7188804 7/21/2010 7/21/2011 Per Claim $1,000,000 Annl Aggr $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. Independent Contractors Included. Re: On Call Engineering Services City of Santa Ana, its officers, employees, agents, volunteers and representatives re additional insured as respects to General Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written contract. vr=r� r rrrVA I G nvLVGR I AUUII IUNAL INSUKGU; INSURER LETTER: %,#kN iCLL k I IUN 1 f Prem HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City Of Santa Ana ILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 20 Civic Center Plaza -Ross Annex (M-36) ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Santa Ana CA 92701 HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON HE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED ACORD 25-S (7/97) O ACORD CORPORATION 1988 COMMERICAL 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 in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "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 opera- tions; 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 per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: 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 Cov- erage 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 addi- tional 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; d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically, is added by another endorsement to this Cover- age Part. e. 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 Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance 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 CON- DITIONS (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 insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal 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 un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" 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. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. ACORD„ CERTIFICATE OF LIABILITY INSURANCE DATE/IYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL '7/19 9 201 2013 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AZC80876923 7/21/2013 INSURERS AFFORDING COVERAGE INSURED INSURER A: Fireman Is Fund Insurance Co. PENCO Engineering, Inc. 16842 Von Karman Avenue, Suite 150 Irvine CA 92606 INSURER B: Everest National Ins Cc INSURER c:Hartford Ins. Co of Midwest INSURER D: Q( Il O INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BERN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR MUDDiwi LIMITS A GENERAL LIABILITY AZC80876923 7/21/2013 7/21/2014 EACH OCCURRENCE $1 000 1 000 FIRE DAMAGE IAry one fire) $1 000 000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) 81-01 000 CLAIMS MADE ExOCCUR PERSONAL &ADV INJURY $1 000 000 X Contractual X EFPD XCU GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGS $2 000 000 Poucv X PRO LOC JPCT A AUTOMOBILE X LIABILITY ANY AUTO AZC_"80876923 7/21/2013 7/21/2014 COMBINED SINGLE LIMIT (Ea accident) $1, 000, 000 BODILY INJURY $ (Per person) X X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS"�e�A��'"' NON -OWNED AUTOS gg�� y,8 ,. ✓ ^ �r F �'� prry` 4: ✓~ ,,,..-^"'✓ Corney BODILY INJURY (Per accident) $ PROPERTY yAMAGE $ GARAGE LIABILITY p�c�\S�a� ONLY -EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO b'/AUTO AUTO ONLY: AGS $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE I $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 72WEGDZ3753 7/21/2013 7/21/2014 X WCSTLIMATT- OTH- E.L. EACH ACCIDENT $1 000,000 E.L. DISEASE - EA EMPLOYEE $1 000 1 000 E.L. DISEASE - POLICY LIMIT I $1 000 000 B OTHER Professional Liability Claims Made 79AE002071131 7/21/2013 7/21/2014 Per Claim $1,000,000 Annl Aggr $2,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. Independent Contractors Included as respects to General Liability. Re: On Call Engineering Services City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects to General Liability as required by written contract. Primary and on -Contributing coverage applies to GL as required by written contract. CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION" 10 T1av II ca fnr Nnn-Pavmnt of Drom ACORD 25-S (7/97) O AC RD CORPORATION 1988 J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Santa Aria WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE 20 Civic Center Plaza -Ross Annex (M-36) HOLDER NAMED TO THE LEFT. Santa Ana CA 92701 AUTHORIZED REPRESENTATI f p{ gym by S ACORD 25-S (7/97) O AC RD CORPORATION 1988 J PENCO Engineering, Inc. AZC80876923 EXCERPTS FROM: Fireman's Fund ABC MULTICOVER — AB 91 89 08 07 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: AMERICAN BUSINESS COVERAGE 2. Blanket Additional Insured Section II — Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include: f. Any person or organization that you are required by a written insured contract to include as an insured, subject to all of the following provisions: (1) Coverage Is limited to their liability arising out of: (a) the ownership, maintenance or use of that part of the premises, or land owned by, rented to, or leased to you; or (b) your ongoing operations performed for that insured; or (o) that insured's financial control of you; or (d) the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s) 4. Blanket Waiver of Subrogation Section II — Liability Coverage, Part K. Liability and Medical Payments General ntv Conditions, is amended to include: 6. Transfer or Rights of Recovery Against Others to us and Blanket Waiver of Subrogation b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or your work for that person or organization. 19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2 is replaced with: 2. Coverage C — Liability If other valid and collectible insurance is available to any insured for a loss we cover under Coverage C of this Coverage Part our obligations are limited as follows: a. The insurance provided under this policy is primary if you are required by r ,x a written insured contract to include any person or organization as an insured, but only with respect to that insured's liability arising out of the ownership, maintenance, or use of that part of the premises owned by or rented to you, or your work for that insured by or for you. Any other insurance available to that person or organization is excess and noncontributory with this insurance. EXCERPT FROM: PROPERTY/LIABILITY POLICY -- AB 90 00 12 93 IL K. 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against wham claim is made or suit is brought. APPROVED AS TO FORDA LIS E. STORCKw...v. Assistant City Attorney/ AC(:>RIYCERTIFICATE OF LIABILITY INSURANCE 711DATE 4!20 14/20 4 Y Y) 14 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 a endorsed. I S OGATION 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). rITY n;71 PRODUCER SANIA 4N4 M Sealey, Renton 8 Associates PHNAo t.11 • - � FAx D. O. BOX 10550 E-MAIA7C : No Santa Ana CA 92711-0550 ADOREL S INSURED PENCO Engineering, Inc. 16842 Von Karmen Avenue, Suite 150 Irvine CA 92606 COVERAGES CERTIFICATE NUMBER: .971`3621119 REVISION NUMRFR- 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. NSR LTR TYPE OF INSURANCE A IN R MD POLICY POLICYNUMBER MMIDIOIYYYY MMIDD/YYYY LIMITS A GENERAL LIABILITY 080876923 /2112014 /21/2015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY AIAGI TO ED PREMISES Ea occunrenca $1,000,000 CLAIMS C OCCUR -MADE MED EXP (Any one person) $10,000 'x Contractual PERSONAL B ADV INJURY $1,000,000 X BFPD, XCU GENERAL AGGREGATE $2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG$2,000,000 POLICY X PRO- LOC $ D AUTOMOBILE LIABILITY MZA80306282 /2112014772112015 Ea accident $1,000,000 x ANY AUTO T® FORM BODILY INJURY (Par parson) $ ALL OS SCHEDULED As AUTOS AUTOS sarr�� O BODILY INJURY (Per accident) $ X X NON -OWNED HIRED AUTOS AUTOS App 1 PROPERTVOAMAGE $ Per acntlent UMBRELLA LIAB OCCUR n$ LiJ rne� EACH OCCURRENCE $ E XCESS LIAB CLAIMS -MADE ^S City Att slStan!t AGGREGATE $ DED RETENTIONS $ C WORKERS COMPENSATION 72WEGDZ3753 /21/2014 7/21/2615 X WC $TATO- OTH- AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETORIPARTNER'EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory in NMI E.L DISEASE - EA EMPLOYEE $1,000,000 If yea, describe under DESCRIPTION OF OPERATIONS held. E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional Liability 106119195 112112014 121/2015 Per Claim $1,000,000 Claims Made Annl Aggr $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 1D1, Additional Remarks Schedule, If more space is required) General Liability policy excludes claims arising out of the performance of professional services. Independent Contractors Included as respects to General Liability. 10 Day Notice of Cancellation/10 Day notice for Non -Payment of Prem Re: On Call Engineering Services City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects to General Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written contract. CERTIFICATE HOLDER CANCELLATION ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza -Ross Annex (M-36) Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE l°1` JI,a,f] ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD PENCD Engineering, Inc. AZC80876923 EXCERPTS FROM: Fireman's Fund ABC MULTICOVER — AB 91 89 08 07 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: AMERICAN BUSINESS COVERAGE Blanket Additional Insured Section II — Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include: f. Any person or organization that you are required by a written insured contract to include as an insured, subject to all of the following provisions: (1) Coverage is limited to their liability arising out of: (a) the ownership, maintenance or use of that part of the premises, or land owned by, rented to, or leased to you; or (b) your ongoing operations performed for that insured; or (c) that insured's financial control of you; or (d) the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s) 4. Blanket Waiver of Subrogation Section II — Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include: 6. Transfer or Rights of Recovery Against Others to us and Blanket Waiver of Subrogation b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or your work for that person or organization. 19. Common Policy Conditions (AB 00 09 A 0187), Part H. Other Insurance, Item 2 is replaced with: 2. Coverage C — Liability If other valid and collectible insurance is available to any insured for a loss we cover under Coverage C of this Coverage Part our obligations are limited as follows: a. The insurance provided under this policy is primary if you are required by a written insured contract to include any person or organization as an insured, but only with respect to that insured's liability arising out of the ownership, maintenance, or use of that part of the premises owned by or rented to you, or your work for that insured by or for you. Any other insurance available to that person or organization is excess and noncontributory with this insurance. EXCERPT FROM: PROPERTY/LIABILITY POLICY -- AB 90 00 12 93 II. K. 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. APPROVED AS TO FOW4 *LSA E. STORCK Assistant city, Astorney / 'I— rtzl\lu�+ clv�llvr_�KINc�, II\JU A-2U2.Ub-b HEVILVVEU t3Y: G=' - u" '�a EUNICE HERE IA PG 1 OF 2 r-^�,,...—,t� AC`C )R" CERTIFICATE OF LIABILITY INSURANCE �.....--'" DATE(MMDD/YYYY) 7/14/2015 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 endorsements . PRODUCER Dealey, Renton & Associates License #0020739 P. O. Box 10550 CONTACT NAME: PHONE FAX E-MAIL Santa Ana CA 92711-0550 INSURERS AFFORDING COVERAGE NAIC # INSURERA:Travelers Casualty & Surety Co. Ame 31194 7/21/2016 INSURED INSURER B :American Automobile Ins. Co. 21849 PENCO Engineering, Inc. INSURERC:Associated Indemnity Corp. 16842 Von Karman Avenue, Suite 150 Irvine CA 92606 INSURER D: INSURER E INSURER F: MED EXP Any one person) $10,000 COVERAGES CFRTIFICATF NIIMRFR- 705082496 RFVLSIr1N NI IMRI=l 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. TR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM DDYIYYYY EXP MM DDY LIMITS C X COMMERCIAL GENERAL LIABILITY AZC80905277 7/21/2015 7/21/2016 EACH OCCURRENCE $1,000,000 CLAIMS -MADE EX OCCUR DAMAGE TO RENTED PREMISES Eaoccu ence $1,000,000 MED EXP Any one person) $10,000 X Contractual X BFPD XCU PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT[::] LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY MZA80312991 7/21/2015 7/21/2016 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO AUTS OWNED SCHEDULED BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE _ _ $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WZP81028890 7/21/2015 7/21/2016 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT 1 $1,000,000 A Professional Liability Claims Made 106119195 7/21/2015 7/21/2016 Per Claim $1,000,000 Annl Aggr $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability policy excludes claims arising out of the performance of professional services. Independent Contractors Included as respects to General Liability. 10 Day Notice of Cancellation/10 Day notice for Non -Payment of Prem Re: On Call Engineering Services City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects to General Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written contract. 1,1-11III-ILAIt MULL/t11 t;ANI.:LLLAIIUN City of Santa Ana 20 Civic Center Plaza -Ross Annex (M-36) Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD PENC0ENGINEERING, INC A-2O08-218REVIEWED BY Penco Engineering, [no, EUN|CEHEREDi8(PG 2OF2) EXCERPTS FROM: Fireman's Fund ABC MULTICOVER — AB 91 89 08 07 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: AMERICAN BUSINESS COVERAGE 2. Blanket Additional Insured Section || —Liabi|dv Coverage, Part/. Who Is An Insured, |tanl 2. is amended to include: t Any person or organization that you are required by a written insured contract to include as on insVRsd, subject to all of the following provisions: (1) Coverage islimited totheir liability arising out of: (o) the bvvnenship, maintenance or use of that port of the premises, or |GDd owned by, rented to, orleased toyou; or (b) your ongoing operations performed for that insured; or (c) that insured's financial control of you; or (d) the maintenance, operation oruse byyou ofequipment leased toyou by such pereoD(s)oro[genization(s) 4. Blanket Waiver ofSubrogation Section U —Limbi|itv Coverage. Part K. Liability and Medical Payments General Conditions, isamended toinclude: G. Transfer or Rights of Recovery Against Others to Us and Blanket Waiver of Subrogation b. If required by a written insured contract, we waive any right of recovery we may have against any person ororganization because ofpayments wemake for injury or damage arising out of your operations or your work for that person or 19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2 is replaced with: 2. CoverageC—LiabUitv |fother valid and collectible insurance ieavailable to any insured for aloss YVecover under Coverage C of this Coverage Part our obligations are limited as follows: o. The insurance provided under this policy isprimary ifyou are required bv a written insured contract to include any person or organization as an insured, but only with respect tothat insurod's liability arising out of the ownership, maintenance, mruse ofthat part ofthe premises owned byorrented toyou, or your work for that insured byorfor you. Any other insurance available tothat person or organization is excess and noncontributory with this insurance. EXCERPT FROM: PROP ERTY/LIABILITYPOLICY —AB 90001293 U. K. 5. Separation of Insureds Except with respect tothe Limits ofInsurance, and any rights orduties specifically assigned in this policy tothe first Named Insured, this insurance applies: o. Asifeach Named Insured were the only Named Insured; and b. Separately to each insured against whom o|a|rn is made orsuit is brought. PENCENG-01 GORDONS CERTIFICATE OF LIABILITY INSURANCE DATE 1 ._ TYPE OF INSURANCE 7/115/215/2016 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 License 4 OE67768 CONTACT NAME: Victoria Godfrey IOA Insurance Services 3875 Hopyard Road(AIC, PHONE 925 416-7862 FAX 925 416-7869 A/c No Ext): ( ) {A/C, No): ( ) EMAIL ADDRESS: Suite 240 Pleasanton, CA 94588 -INSURER(S) AFFORDING COVERAGE NAIL # INSURE A: RLI Insurance Company 13056 ... INSURED INSURER B: Atlantic Specialty Insurance Company 27154 INSURER C: Penco Engineering, Inc. INSURER D 16842 Van Karman Avenue, Suite #150 Irvine, CA 92606 -- - - INSURER E: INSURER F: S 1,000,000 AGGREGATE LIMIT APPLIES PER: PRO- POLICYa JECTEl CUVtHAUL3 CERTIFICATE NIJMRFR- Qr=vlclnnt nn tneacD. 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 rADDL!SUBR IINSD'WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X.� OCCUR - I IPSB0006402 07/21/2016 07/21/2017 EACH OCCURRENCES PREMiSEs_(EaoccLrronce)__ 1,000,000 — s 1:000,000 ..1,00 -- ... MED EXP -(Any one, person) S 10,000 PERSONAL R ADV INJURY S 1,000,000 AGGREGATE LIMIT APPLIES PER: PRO- POLICYa JECTEl GEN'LL GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMP/OPAGG —.. _ ._.. - a 2,000,000 _ . S OTHER: A AUTOMOBILE XANY X LIABILITY AUTO ALL OWNED SCHEDULED AUTOS --- AUTOS NON -OWNED HIRED AUTOS X AUTOS j PSA0002222 07/21/2016 I 07/21/2017 COMBINED SINGLE LIMIT Ea acadenti S 1,000,000 1 BODILY INJURY (Per person) -- --- I BODILY INJURY (Per accident) PROPERTY DAbtAGE -{Per accident) S S _.--._--------....._.... $ $ A UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE PSE0002785 07/21/2016 07/21/2017 EACH OCCURRENCE 8 1,000,000 AGGREGATE S 1,000,000 DED I X RETENTION $ S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A PSW0003626 07/21/2016 .. 07/21/2017 X PER OThI S I'ATUTE _ ER EL EACH ACCIDENT $ 1,000,000 DISEASE -EA EMPLOYEE $ 1,000,000 (Mandatory in NH)E.L. If yes, describe under DESCRIPTION OF OPERATIONS below 1 E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Professional Liab. DPL -5661-16 07/21/2016 07/21/2017 Per Claim 2,000,000 B Ded Per Claim $25k DPL -5661-16 07/21/2016 I 07/21/2017 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: On Call Engineering Services. Agreement numbers A-2008-218 and A-2015-236. City of Santa Ana, Its officers, employees, agents, volunteers and representatives are additional insured as respects to General Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written contract. Waiver of Subrogation or Rights applies to Workers Compensation policy only as required by a written signed contract prior to any loss occurring. r ( REVIEWED D B / ,7� ^!^ r E t IA kBC, i f 1P- EKED (PG +, y l CERTIFICATE HOLDER CANCFI I ATIr1N © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 20 Civic Center Plaza -Ross Annex (M-36)f�6� AUTHORIZED REPRESENTATIVE 11// 2Q Santa Ana, CA 92701 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: PSB0006402 RLI Insurance Company THIS E=NDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II -.. LIABILITY 1. C. WHO IS AN INSURED is amended to Include as an additional insured any person or organization that you agree in a contract or agreement requiring Insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or In part by you or 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 "product -completed operations hazard". 2, The Insurance provided to the additional insured by this endorsement is limited as follows: a. 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 policy. b. This insurance does riot apply to the rendering of or failure to render any "professional services", c, This endorsement does not Increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance: 3, The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy 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 that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b, The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement, 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION Ii — LIABILITY) 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 and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" Occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED, p Page 1 of 1 F Policy Number: PGA0002222 This endorsement modifies insurance provided under the followIng: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION U - LIABILITY Coverage, Paragraph AJ. Who Is An Insured Provision: Any business entity newly acquired orformed by you during the policy period, provided you own fifty percent (50%) or more, of the.business entity a nd the, business entity is not separately insured for Business Auto Coverage. Coverage is extended Lip to a maximum of one hundred eighty (180) days following the acquisition or formation of the business This provision does not apply to any person or organization for which coverage is excluded by endorsement, B. Employees As Insureds The following is added to the SECTION U - LIABILITY COVERAGE, Paragraph A.1.Who Is An /nooredPmvision: Any "employee' of yours isan"inuned^while, Lising acoyered "auto" you don't mmn' hire or boAnw in your business oryourpersonal affairs. C. BlanketAdditionial Insured The following is added to the SECTION U - LIABILITY COVERAGE, Paragraph A.1.Who ieAm Insured Provision: Any person nrorganization that you are uequir0d tO Include cis an additional insured on this coverage form in a contract nreQneementthat is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability onvaoaQe, buL on|y for damages to which this insurance epp8oa and only to the extent 'chat person or or�ganizaUon qualifies ou an "insured" under the Who Is An Insured provision conhainod in SECTION || - LIABILITY COVERAGE. The. insurance provided to the additional insured will be on o primary and non-000tribulfor beuio.1to the additional inaunyd'u own business auto coverage, if you Iara required hodouo in a contract oragreement that is executed by you before the "bodily injury" or .1 property damage" Occurs. D. BlanketWaiverOfSubrogation The following is added to the SECTION K/ - BUSINESS AUTO COND|T|O0S, A. Lnea Conditions, !i Transfer Of Rights Of Recovery Against Others To Us: PPA 300 03 '11 We�waive any right ofrecovery wnmay have against any person or organization kzthe extent required of YOU by a contract executed prior to any "accident" or ~loaa^, provided that the "accident" or '`|mso^ ahmou ou( cfthe operations contemplated by such cuntnsoL The wa,iver applies only to the person or organization designated {nsuch contract. E Employee Hired Autos The, following in added to [lie SECTION U - LIABILITY COVERAGE' Paragraph /\.1. Who Is An Insured Provision: An "employee" of yours is an "Insured" while operating an "auhO" hired or rented under a contract or -agreement in that "employee's' name, with your permiunion, while performing duties related intheconduct ofyour business, 2. Changes In General Conditions: Paragraph �b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS isdeleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered ^auhzn^you own: (1) Any covered "amo" you |oaue' h|na, nanL nrborrow" and (2) Any covered "auto" hired or ranted by your^employee^under acontract inthat indiVICIu-Al e'o^neme�Withyour pennisykon, whiie performing duhes n�eLed to the conduct of your 6uoinena. Hmxaver. any ''euhz" that is |eaoed, kinad' rented or borrowed with adr|ver is not a covered "auto". F. Fellow Employee Coverage SECTION U-LX\EULrTY COVERAGE Exclusion E\5. do -en "lot apply if you have worker compensation inmuroncein-force covering all of your employees, G. Auto Loan Lease Gap-Coverage�_ SECTION III - PHYSICAL. DAK0AGECOVERAGE, C. Limit Of Insurance, is emended by the addition oithe following: In the event of at total '')oaa^ to a covered "auto" shown in the Schedule ofDeclarations, we will pay any unpaid amount due on the lease Or loan for n oovened"autO^. |eao: Policy Number: PSWO003626 WORKERS CumPL-N8ATO0AND EMPLOYERS UAB|L|TYINSURANCE POLICY YyGD4U30O (Ed, 4-84) WAIVER OF OUR RIGHT T{)RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this pdicy, We will not enforce our right against the person or organization named in the Schedu|e� (This agreement applies only tothe extent that you perform work under a written contract that requires you to obtain this agreement from us) You must maintain payroll records accurately segregating the rern uneration of your employees while engaged ill. tile wokdeaucibnd.in the Schedule, Tile additional premium For this endorsement shall be _2.% of the California workers' compensation prernium otherwise due onuuubremuneration, pu/vpvw,{)nywoizuUvn All persons ororganizations that are party to contract 'that nequine�syou toobtain this ogmnmcnt,pmvidodyou oxooutod thoonnhom before, the.loss, Schedule JvUovvt;,ipUm/ Jobs performed for any person or o rganization 'that you have agreed with inawritten contract toprovide this ogmomon'. This endorsernerit changes the policy In which It is attoched and is effedive or) the date issued unless oihewjsvxtjted, (The information below Is required an ly when this a riclorsann grit I" Issued SUbspquent to proparation of the pal icy.) snuomomo'emecu*, pm*ywu Endnrsennentwo. Insured Insurance cG=lpany RLI insurance Company Countersigned By @1998 by the Workers' Compenratlon Insurance Rating Bureou of California. All rights reserved. PENCENG-01 FRANCISC AGORA CERTIFICATE OF LIABILITY INSURANCE �DATE(�MM/DD/YYYY) 7/21/2017 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 have ADDITIONAL INSURED provisions or 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 License # OE67768 CONTACT Marie Benjamin NAME: IDA Insurance Services PHONE FAX 3875 Hopyard Road (A/c, No, Ext): (925) 660-353050030 (A/c, No): (925) 416-7869 Suite 240 IE- Marie. Benjamin@ioausa.com Pleasanton, CA 94588 . 1 1 INSURER(S) AFFORDING. COVERAGE '.. NAIC # INSURER A:RLI Insurance _Company 13056 INSURED INSURER B;. Atlantic Specialty Insurance Company ;27154.,,,, Penco Engineering, Inc. 16842 Von Karman Avenue, Suite #150 Irvine, CA 92606 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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':" TYPE OF INSURANCE 'ADDLSUBR POLICY NUMBER POLICY EFF TR N D WV M DD YY POLICY EXP LIMITS MMD Y A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS -MADE XOCCUR PSB0006402 07/21/2017' 07/21/2018' DAMAGE TO RENTED PREMISES (Ea occurrence)._. $ 1,000,000 MED" EXP (Any one person).... $ 10,000 1,000,000 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2'000,000 POLICY X PPp LOC PRODUCTS - COMP/OP AGO $ 2'000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO PSA0002222 07/21/2017 07/21/2018 BODILY INJURY (Per person) $ OWNED SCHEDULED ._ AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ONLY NON-OWNED X ! ATXSONL ONLY (r c $ POaednt}AMAGEOS $ A UMBRELLA LIAB" X OCCUR EACH OCCURRENCE $ 1'000,000 X EXCESS LIAB CLAIMS -MADE PSE0002785 07/21/2017', 07/21/2018 AGGREGATE $ _.... 1,000,000 j DED X RETENTION $ $ _.. .._. A WORKERS COMPENSATION X PER OTH- ', AND EMPLOYERS' LIABILITY YIN STATUTE ER__.. PROPRIETOR/PARTNER/EXECUTIVE PSW0003626 07/21/2017 07/21/2018 E.L. EACH ACCIDENT $ 1,000,000 OFFICERWEMBER EXCN / A in NH) '.. 1,000,000 (Mandatory E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B ',Professional Liab. DPL700617 07/21/2017', 07/21/2018 Per Claim 2,000,000 B Ded Per Claim $25k DPL700617 07/21/2017', 07/21/2018 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: On Call Engineering Services. Agreement numbers A-2008-218 and A-2015-236. City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respects to General Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written contract. Waiver of Subrogation or Rights applies to Workers Compensation policy only as required by a written signed contract prior to any loss occurring. REVIEWED FSY: EUNIC:E HEREDIA (PG ( OF CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED PRESENTATIVE City of Santa Ana 20 Civic Center Plaza -Ross Annex M-36 ACORD 25 (2016/03) OO 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: P8BOOm64U2 RLI Insurance Company Named Insured: 'PencoEngineering, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ' ---�_ _- -e FOR - ' ' -_' _-__'--~~. ~~~,~ BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSCOVERAGE FORM ' SECTION U -LIABILITY C. WHO IS AN INSURED is amended toinclude am an additional insured any person ororganization that you agree in e contract or agreement requiring insurance b»Include aoonadditional insured onthis po|ioy, but only with nnwpoot to |imbiUh/ for "bodily injury". "property damage" or "personal and advertising injury" ouuaad in whole or in part by you urthose acting onyour behalf: m. |nthe performance mfyour ongoing operations; h. |nconnection with premises owned byurrented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided bothe additional insured by this endorsement iolimited mafollows: a. This insurance does not apply un any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply buthe rendering of or failure to render any "professional c. This endorsement duao not (ncnamae any of the limits of insurance stated in D. Liability And Medical Expenses Limits ofInsurance, 3. The following is added to SECTION III H,2. Other Insurance - COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION U - LIABILITY) Huwover, if you specifically agnea In m contract or agreement that the insurance provided to an additional insured under this policy 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 oea named ineured, and we will not mhena with that other inmunonoe, provided that: m. The "bodily injury" or "property damage" for which coverage Is sought occurs after you have entered into that contract o,agreement; or b. The "personal and advertising injury" for which coverage Is sought arises out of on offense committed after you have entered into that contract oragreement. 4. The following is added to SECTION |/X K. 2. Transfer wfRights ofRmc*vm | Others to Us - COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION O - LIABILITY) We waive any rights of recovery we may have against any person or organization beoaume of payments we make for "bodily injury", "property dmmogp/' or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization, VVawaive these rights only vvhona you have ognaod to do so as pad of a contract or agreement with such person or organization entered into byyou before the "bodily injury" or"property damage" occurs, orthe "personal PPB 304 02 12 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA WC 04 03 06 (Ed. 4.84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be ZO/o of the California workers' compensation premium otherwise due on such remuneration, Person or Organization Schedule Job Description All persons or organizations that are party to a contract that Jobs performed for any person or organization that you requires you to obtain this agreement, provided you executed have agreed with in a written contract to provide this the contract before the loss. agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated, (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No, PSWO003626 Endorsement No. Insured Insurance Company Penco Engineering, Inc. RLI Insurance Company Countersigned By 01998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. LREVIEWED BY., EUNICE HEIREDIA(IDG-30F,3) I