Loading...
HomeMy WebLinkAboutAIM TRAFFIC DATA, LLVCN INSURANCE ON FILE A-2021-136-02 N WORK MAY PROCEED t\ UNTIL INSURANCE EXPIRES EXHIBIT 3 t� CLERK OF COUNCIL ZD DATE: AGREEMENT TO PROVIDE TRAFFIC COUNTING SERVICES ON AN ON -CALL 13ASIS THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between AimTD LLC, a California limited liability company ("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 ("City"). 0' eWA-(Qza.Je� A-Zat,4) (&")I RECITALS A. On April 19, 2021, the City issued Request for Proposal No. 21-050 ("RFP"), by which it sought consultants to provide traffic counting services on an on -call basis. B. Consultant submitted a responsive proposal that was among those selected by the City, Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 21-050 and attached as Exhibit A. 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: SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant wider this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, including any extension periods, shall not exceed $100,000. b. Payment by City shall be made within forty-five (45) 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, and Scope of Work, which may reasonably be expected by City. Page 1 of 10 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2024, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2) one (1) year periods upon a writing executed by the City Manager and City Attorney, 4. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Docimients & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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 coinnercial 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 Page 2 of 10 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, with $2,000,000 in the aggregate, Stich insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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 3700 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. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. If the Consutant, its agents, or subcontractors maintain broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimuun limits of insurance and coverage shall be available to the City. f, Other Insurance Provisions- The insurance policies are to contain, or be. endorsed to contain, the following provisions: 1. Additional Insured Status- The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the COL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CO 20 26, CO 20 33, or CO 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage- For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Page 3 of 10 officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation- Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation- The Consultant hereby grant to Grantee a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5, Self -Insured Retentions- Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6, Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability, see below)- If any of the required policies provide claims -made coverage: a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of fire contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" Page 4 of 10 coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage- The Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before services are performed pursuant to this Agreement. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure of the Consultant to provide the required verification of coverage prior to the start of any services shall be grounds for immediate termination of this Agreement. 9. Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances, 7. INDEMNIFICATION Consultant agrees to defend, 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 death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and ,pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in ally legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Page 5 of 10 Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United. States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 6 of 10 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 or 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 is not embodied herein, 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City. 15, TERMINATION This Agreement may be terminated by the City upon thirty (30) clays 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(s) 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 Page 7 of 10 16. WAIVE, R No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies, 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL, LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies, Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to thus 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 fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Page 8of10 With courtesy copies to: To Consultant: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 AimTD LLC 751 S, Weir Canyon Rd, Suite 157-158 Anaheim, CA 92808 Attn: Olga Polunin 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, commnmication 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 fax, connnunieation 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. 1. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below 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. The Agreement is the final and complete agreement and any prior or contemporaneows agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: oA r� lerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:la.. A. RFl+u Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL �I&5� NABIL SABA Executive Director, Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT By: Olga Polun)A Title:President and CEO Page 10 of 10 Exhibit A Appendix ATTACHMENT SCOPE OF WORK CITY OP SANTA ANA REQUEST FOR. PROPOSALS FOR TRAFFIC COUNTING SERVICES RFP NO.: 21-050 DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is Issuing this Request for Proposals (RFP) for Traffic Counting Services. Neighborhood requests for City assistance in solving Intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, It Is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also Include the bi-annual city-wide Average Daily Traffic study, City-wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, If requested. From the proposals received, one or two firm(s) will be selected. The City will enter into an agreement with the ffrm(s). As traffic counting needs are identified, they will be requested on as needed basis. The City reserves the right to assign the work in any manner which will best serve the CIVs interests, A. IMPLEMENTATION I. City staff shall have the right to modify, reduce, or delete the services as needed by City. 11, The term of the contract shall be for 1 year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. 111. City shall retain an option to renew on the same terms and conditions as set forth herein for 1 additional one-year terms, for a total maximum total of 3 years, S.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as - needed basis. This may include, but not be limited to 24-hour ADT counts, 24-hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6-hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data, For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: For each ART volume count, a two -directional 15-minute count sheet with hourly totals, similar in format to the sample In Attachment 5. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. traffic volume count, a 15-minute count sheet with hourly totals, containing all legs of the Page 1 Intersection (sample In Attachment 5). For each manual turning movement count, a 15-minute count sheet for each count period, with the actual peak hour(s) Identified (sample in Attachment 5). Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. For each Intersection pedestrian count, a 15-minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, If requested. Note: Counts categorized by age group may be requested for certain locations. For the Citywide Average Dally Traffic (ADT) study, a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2-month period, b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. C. Traffic Flow Maps, sample In Exhibit I, will be included In the "Traffic Census" booklet, City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in-house. d. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet 6. Before the Consultant(s) begin the study, a schedule will be developed In cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and "Traffic Census" booklet will be delivered. Computer file(s) for all counts conducted by the consultant, including manual or machine counts, In Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request, _ , mam�ma�amrewuamnxurie_ tr�w .. '^,�.+'yk City of Santa Ana RPP 21.050 Page 2 AimTD LIC •f/0 Aim Traffic Data City of Santa Ana 2021 Fee Schedule "Type of service Unit Cost 24 — Hour Single Tube COwlt, 4 approaches EA $149 24—1-lour Dual Tube Count EA $59 24 — How• Speed or Axle Classification Counts 2 lanes EA $99 24 — Hour Speed or Axle Classification Cowes 3-4 lanes EA $169 hr Manual Turning Movement Counts (I person) EA $145 Or Manual Turning Movement Counts (2 person) EA $210 hr Pedestrian Counts (1 person) EA $99 24hr Video Manual Turning Movement Counts (Iperson) EA $459 hr Manual Turning Movement Counts with Truck Axle Classification (l person) EA $189 4hr Manual Turning, Movement COLIntS with Bike Peds (1person) EA $166 4hr Segment Video Active Transportation Counts (Peels, Bike, Scooter) EA $299 Radar Serve y (calibrated radar, certified operator) EA $49 Parking Occupancy Survey FIR $49 Parking"Turnover Survey HR $49 Count and Video HR $45 Historical Counts between 6 and 12 month old I-1R $60 AimTD LL.0 751 S Weir Canyon Rd, Ste 157-158 Anaheim, CA 92808 Tel 714.253.7888 Francine R. Villareal vlliareai - Date: 2021.08.10 15:32:36-07'00' R w CERTIFICATE OF LIABILITY INSURANCE F DATIa(wDINYYYtry Q7130/2021 TH15 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cortalp policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of auch ondorsoment s . PRODUCER CONTAOF Alexandra FB ROY JEFFERSON, AGENT FxA/oNrO 714-283 5336 _.._ 1 /ot 714.283-5941 116 $ CHAPARRAL COURT, SUITE 250 AJ) REIIIIalexandra@royjefferson net ANAHEIM HILLS, CA 92808 _ INSURER@tAFFORDINe OOVERAQE NAICq NsuRa A: State Farm Mutual Automobile Insurance Company 25178 INsukaD NSURER e: stale Farm Gonaral Insurance Company 25151 AIMTDLLC wsuaERc: ��— _..._.__--_ _ _ 751 WEIR CANYON RD STE 167-158 INSURERD; — �RW �— ANAHEIM,CA928G8 INSURER INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBCR THIS IS TO CERTIFY THAT THE POLICIES OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ASOVE 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 REDUCEDBY PAID CLAIMS. INSR— -�- - bUNii P05. , F LTRTYPE DP INSURANCE POLICY NUMBER MN/pp; - IDDIYVYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 8 2,000,000 CLAIMS4MADE X OCCUR 'tiAMAGE TO RENTELT—_ '2,000,000 ,RE�II�Ey_(E oxurranG $ tl _�+ MED EXP (AY ona�e766f�) $ 5,000 B Y Y 92-CX-M179-0 02126/2021 02126/2022 PERSONAL&ADViNJukY $ 2,000 000 GEHL GENERAL AGGREGATE $ 4000,000 AGGREGATE LIMIT APPLIES PER: POLICY 0 JECR LOC FROCUOTS.. comp/Bp AGG _ $ 2,000.660 $ OTHER: AUTOMOBILE UABIL17Y Y Y 5156448-COB-75 09/08/2020 09/08/2021 ¢ BINED SINGLELIMIT q 1,000,000 - ANY AUTO "" 6403716-B28.75 08/2812020 08/28/2021 BOOli.v1NJURY(Perpereoni s A OWNBq SCHEDULED AUTOS ONLY AU'ros GORILY INJURV (Aoraedl cni) __ $ HIRED NO -OWNED 56471S1-A16.75 01/16/2021 01/1612022 p pEizrYDAMAG�-- y _ oNLv ld UMBRELLA UPS OCCUR _ EACH OCCURRENCE EXCESS LIAB ._ CLAIMS -MADE AOGREGATE BEDRETENTION,; WORKERS COMPENSATION ER AND EMPLOYERS'LIABILITY YIN T E .,.0- I3 ANY PROPRIETONIPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED7 NIA Y $2-GO-F2004 02/28/2021 02/28/2022 EL. EACH ACCIDENT $ 1,000,000 (Mmomtory in NH) R.L.D18EASP-EA EMPLOYEE S 1,000.000 It 9peg desonoo under DES IPTION OFOPERATI glow I "-""'•""'—"'—^---- E.L.DISEASP•POLICY LIMIT — 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule,: may be motional It more space Is received) 30 DAY NOTICE OF CANCELLATION, EXCEPT FOR 10 DAYS NON PAYMENT OF PREMIUM WILL BE PROVIDED Additional Insured:The City of Santa Ana, its ofHcars, officials, employees, and volunteers City of Santa Ana Risk Management Divislon. 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF I THE EXPIRATION ACCORDANCE IND ACORD 25 (2016103) THo ACORD name and logo are registered: marks oYACORD CANCELLED BEFORE BE DELIVERED IN Jr I° REVIEWED&APPROVED BY:. I"E' Rbk ManagementAlnelyst IN POLICY NUMBER: 515 6448-008-75, 640 3716-828-75 POLICY PERIOD: 01/16/2021-01/16/2022 564 7151-A16-75 NAMED INSURED: AIMTD LLC This endorsement is part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. It is agreed that we will not exercise our right of subrogation under Liability Coverage as respects The name shown immediately following the title of this endorsement of the Declaration Page, Name of Person or Organization: The City of Santa Ana, it officers, officials, employees, and volunteers. Coverage is primary and non -contributor. Waiver of Subrogation Applies to General Liability. + � REVIEWED&APPROvm By. R15KMt1 agementAnalyA POLICY NUMBER: 515 6448-CO8-75, 640 3716-B28-75 POLICY PERIOD: 01/16/2021-01/16/2022 564 7151-A16-75 NAMED INSURED: AIMTD LLC INC This endorsement Is part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. 1. A person or organization shown on the Declarations Page as an Additional Insured is provided Liability Coverage, but only to the extent that person or organization qualifies as an Insured as defined in Liability Coverage. 2. An Additional Insured has the same right of recovery under Liability Coverage as if they had not been shown on the Declarations page as an Additional Insured. 3, If Liability Coverage is changed or terminated as to the interest of the Additional insured, unless another number of days is shown on the Declarations page, we will provide the Additional Insured: a. 10 days notice of such change or termination if the policy is non renewed or the cancellation is for nonpayment of premium; and b. 20 days notice of such change or termination If the cancellation is for any reason other than nonpayment of premium. Name or Person or organization: The City of Santa Ana, it officers, officials, employees, and volunteers. Coverage is primary and non -contributor. Waiver of Subrogation Applies to General Liability. .� RAManagtmu Mvhlm ! o£% feu REAEWED&APPROVmaY. i �'-- --^' RnkManagemen4Analy5i E WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OP OUR RIGHT TO RECOVER FROM OTHER'S ENDORSEMENT - CALIFORNIA We have the Tight 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 extentthat 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 ____-1-0/6 of the California workers' compensation premium otherwise due on such remuneration. Schedule Polaormt Qr0nzzotiop Job Oeminiilnn. City of Santa Ana Risk Management Division u ;. TRAFFIC DATA 20 Civic Center Plaza Santa Ana, CA 92702 This ondorsomeni changes the polley to which It Is altaehod and is affective on the date Issued unless otherwise stated, ((he information below Is required only when this endorsement IS issued subsequent to preparation of the policy,) Endorsement Elfecliva Insured AIMTD, LLC . 7515 WEIR CANYON RR 5TE 157-158 ANAHEIM,CA.92808 WC040306 (Ed,4-n4) Policy No 92-9P200-4 Endorsement No. insurance Company State Farm General Insurance company Countwsigned By Frintod in USA,. ,� 1tiakManagementDtvlalon , gREvaswEo & APPRavE) BY: r Risk NtailaegementµndlYst 3 Xo policy Na. 92-CX-M179.0 044S-an-71 PSge i oil THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY C,MP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Pollcy NUmbar: 92•CH-M179.0 Named Insured: AIMTD LLC 751 S WEIR CANYON RD STE 157-158 ANAHEIM, CA 92808 Name And Address Of Parson Or Organla atlon: City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 The following is added to Paragraph 114.b, of SECTION t AND SECTION 1i ..... Ct)IVIMON POLICY We waive any right of rscovely we may have against the person or organization shown In the Schedule because of payments we make for Injury or damage arising out or: 0. Your ongoing operatlonst or b. "Your work" done under contract with that person or organization and Included In the "products - completed operations hazard". This waiver appiloa only to the parson or organization shown In the Schedule, All other policy provisions apply. CNIP4787 p 1006225 ie771tl.1 11-i&26i3 ind.d e c Pyrkj lQd J. Wal de Of nsufan eual l5pr41005 Me � c ,WRIT Its phrmi5aan. wN RinkMa&APPROVE) 8W I mod. REVIEWED&APPROVm BY: �# ���� �namr�a.a�.Uz.l i "- sick htaosgarnenr Analyst CA Policy No, 92-CX-M17:9-0 CMP-4786.1 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ,ADDITIONAL. INSURED -- OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: SUSINESSOWNERS COVERAGE FORM Policy Number; 92-Cx-M179-0 Named Insured: 1t1MT➢ LLC 751 S WEIR CANYON RD STE 157-158 ANAHEIM CA 92508 1800 Name And Address Of Additional insured Person Or Organization: The City of Santa Ana, its officers, officials, employees, and volunteers. 1. SECTION ll — WHO IS AN INSURED of SECTION IL -- LIABILITY is amended to In- b, if coverage provided to the additional In - clude, as an additional insured, anyy person or sured is required by a contract or agree- ment, the Insurance provided to the organization shown in the Schedule, but only with respect to liability for "bodily injury' additional insured will not be broader than "property damage", or "personal and adverbs- that which you are required by the contract ing injury" caused, In whole or in part; by: or agreement to provide for such addition - a. Ongoing Operations al insured; and (1) Your acts or omissions; or c. If the contract or agreement between you and the additional insured is governed by (2) The acts or omissions of those acting California Civil Code Section 2782 or on your behalf; 2782.05, the Insurance provided to the in the performance of your ongoing opera- tions for that additional insured, or additional Insured is the lesser of that which: b, Products -Completed Operations (1) Is allowed for the satisfaction of a de- "Your for fense or indemnity obligation by Call - forma work" performed that additional Civil Code Section 2782 or Insured and included in the "products- 2782.05 for your sole liability; or Completed operations hazard". (2) You are required by contract or However, Paragraph 1. above is subject to the agreement to provide for such addi- following: tional insured. a. The insurance afforded to the additional We have no duty to defend or indemnify the insured only applies to the extent permit- additional insured under this endorsement un- ted by law; til a claim or "suit" is tendered to us. Q, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., vnth its permission, CONTINUED ,� RlakMan�genumED[viaton +�,�. REVIEWED &APPROVED By.,ti ' IcVW a R, V' AW Kt* I n"gement:8n"lyst 2. Any Insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. With respect to the insurance afforded to the additional insured, the following Is added to SECTION II — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: a, Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown In the Declarations. 4, With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties in The Event Of Occur- rence, Offense, Claire Or Suit of SECTION 11— GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4786.1 CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit' to us and to all other insur- ers who may have insurance potentially available to the additional Insured; and c. Agree to make available an other insur- ance the additional Insured y has for de- fense or damages for which we would provide coverage under SECTION II — LIABILITY. 5. With respect to the Insurance afforded the ad- ditional Insured, the following replaces SEC- TION 11 --LIABILITY of Paragraph 7, Other Insurance of SECTION I AND SECTION 11— COMMON POLICY CONDITIONS: a, This insurance Is primary to and will not seek contribution from any other insurance available to the additional insured, provided that the additional insured is a named in- sured under such other Insurance, b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled, All other policy provisions apply. 1007033 148011 08.21-2014 ®, Copyright, state Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services office, Inc., with its permission. wy RlakManagnnentD[vlslnn REVIEWED&pAAP'P'IRIO�VVED R�Ytr. 1 i*�!#uNG4k%k P, Y*K9LIfpt. L Risk M�n�Qeln�rti[Analy;S ACO/20® CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 1 08/04/2021 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 CONTACT NAME: Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 520 Madison Avenue 32nd Floor 88820 IPA HoNea: (A/C, No): SS, contact@hiscox.com -ADDRESS, INSURERS AFFORDING COVERAGE NAIC# New York, NY 10022 INSURER A: Hiscox Insurance Company Inc 10200 INSURED AImTD LLC INSURER B: 751 S Weir Canyon rd, ate 157-158 INSURER C: INSURER D: Anaheim, CA 92808 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. ILTR TYPE OF INSURANCE ADDO SUBR VD POLICY NUMBER MM/DD/YYYY MMIDDDYYXYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F71 OCCUR EACH OCCURRENCE $ OAMA NTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: POLICY PRO- ❑ ECT LOC GENERAL AGGREGATE $ PRODUCTS-COMWOPAGG $ a OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS ) BODILY INJURY ( Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMB ER EXCLUDED? NIA I PER OTH- I STATUTE I I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS be. _[__UDC-1827497-EO-20 A Professional Liability N 09/30/2020 09/30/2021 Each Claim: $ 2,000,000 Aggregate: $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Santa Ana - Risk Management Division 20 Civic Center Plaza SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Santa Ana CA 92702 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,Ii �i REVIEWED& APPROVE) BY:.. ©1988-2075 ACORD C {n4,r,.hpk114 Z V:.t4�s ad ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ' ' �' Risk Management Andly5l