Loading...
HomeMy WebLinkAboutBERRYMAN AND HENIGAR 3 - 2004wita Ano Cierk of the Cauncl ACRE :.„ L TE "' 'Y�G"�P % g .. � tn_ Rs>4Cm SE;rtr to t , !'.': '. :if the iy�L+`�>.Cii �'"iE "d> { Call c47 -6520 i€ you gave x r of que.sl ,m The agreement with N,O -Z��� C) l 6 sari compfeied er, �r AS and find oona ' ;;as been nodee (LW . . aWM Use ace We_ N ma .S Dap rkment: c�es1 ��n �neE ns -6 Phone /Ext.: elf.;;' ?atisCe� Rev+ ed C6 -2320 INSURANCE ON FILE WORK MAY PROCEED (IN IIL INSUK,,f:CE EXPIRES U- 3 /-0y CLERK OF COUNCIL DATE: 9 -,3 .o 4 CONSULTANT AGREEMENT A- 2004 -096 h C,! ew A THIS AGREEMENT, made and entered into this 11 day of M" 2004 by (,sl6to) and between Berryman & Henigar, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of pavement management to update and maintain the City's Pavement Management program. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. hr 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 those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $110,000.00 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. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2005, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: and, Public Works Agency Design Engineering City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Berryman & Henigar 11590 W. Bernardo Court 4110 San Diego, California 92127 -1624 Telefacsimile (858) 451 -2846 Attn: Matt Huff A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature 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: PA CIA . HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney 1 By: ,i k(Ll Laura Sheedy Assistant City Attorney CITY OF SANTA A DAVID N. REAM City Manager CONSULTANT DENNIS KIINGE OFE Senior V.P. Tax ID# q5 - 2936 �9s EXHIBIT A April 13, 2004 Mr, Joe Parco, PE Senior Civil Engineer CITY OF SANTA ANA 20 Civic Center Plaza M -36 P.O. Box 1988 Santa Ana, CA 92702 ;4. 'r `1i t SUBJECT: PROPOSAL FOR PAVEMENT MANAGEMENT SERVICES (LOCAL STREETS) Dear Joe: I am pleased to submit this proposal for pavement management services to the City of Santa Ana. I believe you will find that it covers all of the items that you, Alan Stanley, and I had discussed in our meetings on January 22, 2004 and today. Please review this proposal and feel free to contact me at any time should you have any questions. Sincerely, Mat Huff Project Manager Berryman & Henipar 2 TASK 1: GENERAL SUPPORT General support services will involve the following: set -up of electronic PDA forms using Visual CE and one year of unlimited pavement data upload and database population (a $2,000 value). Data upload involves advanced database knowledge of both Microsoft Access and MicroPAVER database table structure and relationships. We have perfected this system through years of trial and error. Based on our own project estimates, data entry takes about 40% as much time and labor to complete as does the field inspection when using paper forms. So, for example, if it takes 1000 man -hours to do field inspections with paper forms, it will take roughly 400 man -hours to do the data entry. The way this support service works is simple. Our staff will set up the custom form and database for the City for a given project. City staff will collect data in the field and upload that data on a regular basis (backup on a daily basis is highly recommended). At regular intervals (the frequency of which will be discussed at Project Kick -off) the database(s) at the City are zipped and emailed to Berryman & Henigar. Our staff then combines this data and populates it into the database of choice, which would be MicroPAVER in this case. This task will be provided on a time - and - materials basis with a budget cap of $8,000. TASK 2: GIS SEGMENTATION- MAPPING With the complete survey and verification of all GIS street intersection node points, our staff will create the one- to-one match with the pavement dataset and the City's GIS centerline shapefile. This will enable City staff to perform multiple queries related to pavement data and existing City data such as neighborhood zones, for example. Geographic Information Systems (GIS) Implementation Berryman & Henigar will provide GIS linkages, operational and support services for this project where we will work closely with GIS group to establish the necessary PMS -GIS functionality for the City of Santa Ana. Most pavement management systems have the capability of interfacing GIS datasets through the use of ArcView, AutoCAD or other GIS compatible software. Specifically, our staff has developed several pavement data links to GIS using MicroPAVER data (i.e., City of Carlsbad, Temecula, and Moreno Valley in the past year). Berryman & Henigar will develop pavement "layers" that represent the City's MicroPAVER dataset. These typically include a PCI, work history, CIP report recommendations, and scheduled project layers. For example, the City will be able to filter for specific records (e.g., sections with PCI's < 40, or sections to be slurry sealed in 2002 - 2003). Those individual records will be highlighted on the map or record table (or filtered for). By querying within the GIS, those selected pavement records will be filtered on the map and can then be exported for further analyses and/or inclusion into a report. TASK 3: SOFTWARE PURCHASE Arcview software will allow City staff to open and edit map data and analyze and produce maps related to data that is contained in the GIS. ArcIMS will enable the City to display GIS data over the internet for viewing by anyone who has an internet connection. Both of these programs will provide great benefit and value to the City in the time savings associated with data manipulation, analyzing, and presentation. Visual CE Professional 7.0 is a database and form creation software from Syware. This is the same software that Berryman & Henigar has used for over three years to create electronic data collection forms for pavement, sign, curb, gutter, and sidewalk inventories. Chances are if a form can be created on paper, it can also be created electronically using this software. For this project, Berryman & Henigar will create the actual forms for the City in Visual CE for use in pavement inspection. The purchase of two seats of Arcview 3.x or 8.x will be made at Berryman & Henigar's Corporate Consulate discount price through ESRI. A purchase of ArclMS version 4.x will also be made at the discounted price. All software and equipment prices are itemized in the Other Direct Costs portion of this proposal. TASK 4: EQUIPMENT PURCHASE City staff has recognized the benefits of going electronic with data collection. The elimination of data entry saves staff time and actually increases quality control by eliminating typographical errors associated with data entry. Under this proposal, the City will be purchasing 2 HP iPaq h2210 PDA units. These models are in the middle to lower -end of the price range for PDAs, yet provide many features that City staff will find useful in their operations. Some of these features include an Intel XScale 400 MHz processor, 64 MB SDRAM, and two built -in expansion slots, one for CompactFlash, and one for Secure Digital media. The link below provides additional information regarding these PDA units. The price for these units is subject to change. Should the price of these units increase between now and the time of actual purchase, a change order will be submitted to the City for the additional amount above the listed unit price in this proposal. Please refer to the reference link below for more information. Reference link: http:// h10010. www1.hp.com /wwpc /us /en /sm/WF05a /215348- 64929 - 215381- 314903 -f43- 322908 html TASK 5: PAVEMENT CONDITION SURVEY (OPTIONAL) VALIDATION OF INVENTORY SEGMENTATION CRITERIA The first step in conducting the pavement condition survey will be to validate and confirm the inventory segmentation criteria for the City's pavement network. This will be based from the information obtained from the City and the existing database and will act as an initial quality control for standard street naming conventions. Once all routes have been validated, Berryman & Henigar will visually review a 5 percent sample set of Santa Ana pavement data (approximately 15 miles of local streets) from the existing system. This will act as a PMS pilot study and will allow City staff to see the cost - effectiveness of our survey methodologies and delivery of quality of data. In assessing the MicroPAVER dataset, our staff will include critical pavement data (e.g., inspection /distress, street dimensions, work history information, structural and ride data, etc.), which will allow our staff to calculate the existing Pavement Condition Indices (PCI) based upon a 0 -100 scale. This information will then be entered into MicroPAVER. 10 Feb -10 -2006 05:03pm From -March CSU +9549383770 T -993 P 002/006 F-194 f= 9 III I l,,H i;''f V s l l!I 'U ltrHlyy{{4 C 1; ..t ;v :' 'C 1rl• .np" � �� ,IE ° Jw_ .r n. 110 ATL- 001115392.02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE P O Box 459010 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Sunrise, FL 33345.9010 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE - COMPANY 109581 -B & H- ALL -05.06 BERRY G /AM/ A COMMERCE & INDUSTRY INSURANCE CO. INSURED BERRYMAN & HENIGAR, INC. A.. -)i'- �"I�D COMPANY B AMERICAN HOME ASSURANCE CO U.S. LABORATORIES, INC. KATHRYN THOMPSON --- - - -'�- -- COMPANY 2001 E. FIRST STREET C N/A SANTA ANA, CA 92705-4020 COMPANY D AMERICAN HOME ASSURANCE CO P���+II Ep��!;S -:�!' * .'•:_:�l7ils c�lll lrm�Is. 4u' Pe�adBa ,anG��Plsceg<gnr..efeyloG4lY lssUad adl.tlflcaw fa[tlie•PVlfcv aAOPA IngIctl -AMlcw '!,IA THJS ISA S TO CERTIFY Y THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. TWS NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBIECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. `— CO LTp TYPE OF INSURANCE POLICY NUMBER _ POLICY EFFECTIVE DATE (MMIDONY) POLICY EXPIRATION DATE (MMIDDNY) LIMITS -- A GENERAL UABIUTY GL- 6439313 03/01105 03/01 /06 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS- COMPIOP ACC $ 2.000.000 CLAIMS MADE OOCCUR -J� PERSONAL b ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1.000,000 OWNERS& CONTRACTORS PROT X FIRE DAMAGE (Any one he) $ 1,000,000 profinnF LICTIRI F MED EXP (APY we son $ 10,000 B AUTOMOBILE LIABILITY 653 -195D (ADS) 03101105 03101/06 COMBINED SINGLE LIMIT $ 1,000,000 x B ANN AUTO 653 -1949 (TX) 03/01/05 03/01/06 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Pc. Pinson) $ X BODILYINJURY (Per lMOenl) $ HIRED AUTOS NON�DVV ED AUTOS X PROPERTYDAMAGE $ _ GARAGE LIABILITY ANY AUTO / n AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT $ `LCiC Laura S SL-edy AGGREGATE $ EXCESS LIABILITY AsSistailt Aty AtLoracy EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM S OTHER THAN UMBRELLA FORM D D WORKERS COMPENSATION AND EMPLOYERS' UABILITY 382 -6295 (FL & NV) 04/01105 382 -6299 (CA) 04/01/05 03/01/06 03/01/06 X TORY LIMITS EL EACH ACCIDENT $ 1,000,000 THE PROPWIETORI X INCL PARTNERSEXECUTIVE OFFICERS ARE: EXCL ELOISEA3E- POLICY LIMIT $ 1,000,000 EL DISEASE EACH EMPLOYEE $ 1,000.000 DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESISPECIAL ITEMS RE' PROOF OF INSURANCE. CERTIFICATE HOLDER - THE CITY OF SANTA ANA, ITS OFFICERS. EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS 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. INSURANCE COVERAGE IS PRIMARY AND NON CONTRIBUTORY WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. WAIVER OF SUBROGATION CE•IFICA'L)Ertl'QkDE(; -. ...'.!.,i ,..: CANCELLATION ;. , P SHOULD ANY OF TNT PDUOt1 DCSCHIAEG HEREIN Of CANCELLED IEFONE THE EXPIRATION DATE THEREOF. THE INSURE A AFFORDING COVCRAGe WILL ENDEAVOR TO MAR _10 DAIS WRITTEN NOTICE TO THE CITY OF SANTA ANA ATTN: CITY CLERK CEATIFICATE HOLDER NAMED HEREIN. BbT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OIUGATION OR 20 CIVIC CENTER PLAZA LgMILPT OF ANY LIMO UPON THE INSUACR AFFOAOINO COYERAOE, ITS AGENTS OR REPREAENTATnEB, OR THE SANTA ANA, CA 92701 oaucn or TNq CFnnrICATC MARSH USA INC. By: Eileen S. YOOanis�A�E --Aa_ I! " � ' "11 • J I lL r I IL S. I'.Y IL. '1 L VA _- .. . - I -,� LID AS OF: 01 /11/06 . r deX•. r l'RI , 1:. ,'I if(:•�... Feb-10-2006 05:03pm From -Marsh CSLI PRODUCER Marsh USA Inc. P O BOX 459010 Sundse, FL 33345 -9010 COMPANY E - COMPANY F 909581 -B B H- ALL -05 -08 BERRY G /A1W _ INSURED COMPANY BERRYMAN 8 HENIGAR, INC. U.S. LABORATORIES, INC. G KATHRYN THOMPSON 2001 E. FIRST STREET " — SANTA ANA, CA 92705.4020 COMPANY H +9548363770 T-993 P 00003/806 F -194 A ,1 X382 "OT 01/11/06 COMPANIES AFFORDING COVERAGE CONTINUED FROM DESCRIPTION SECTION: IS PROVIDED AS RESPECTS GENERAL AND AUTO LIABILITY AND WORKERS COMPENSATION AS REQUIRED BY WRITTEN CONTRACT /AGREEMENT. AI'T'T:L3VED AS TO FORM Z// _ T.4nra SLtt SLsedy e`s�istant City Atterrec MCA SANTA ANA, CA 92701 MARSH USAINC, BY Eileen S. Yodanis _eaAU" __A. Feb -10 -2006 05:03PM From -March CSU POLICY NUMBER: GL 643 -93 -13 +9546363770 T -003 P 004/006 F -104 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: BLANKET AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. APPROVED AS 's FC�i2T ✓1 La ra Stitt S",._edy Assistant City Attorr _p CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 11 Feb -19 -2008 05:03pm From -Marsh CSII +9548383770 T -993 P 005/006 F -194 ENDORSEMENT ) This endorsement, effective 12:01 A.M. 03/0112005 forms a part of Policy No. GL 643 -93 -13 Issued to US LABORATORIES By: COMMERCE AND INDUSTRY INSURANCE COMPANY ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., Other Insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. Authorized Representative APPROVED AS TO FORM _ 1� L, ttr& Scitt L -edy Assistant City Attorney 74434 (10/99) Feb -10 -2006 05:03pm From -Marsh CSU +8548383770 T -993 P 006/006 F-194 POLICY NUMBER: GL 643 -93 -13 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. APPROVED t >6 O FORM �- tt SL-edy Assistant City Atlorn,y CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 ❑ FIELD REVIEW Once the pavement network to be surveyed has been verified, the inspection of approximately 300 miles of local streets will be made where all distress types will be collected based upon actual surface conditions and physical characteristics of the segment. Surveying methods will be conducted by remaining consistent with Army Corps of Engineers sampling guidelines and MicroPAVER field manuals while being flexible to current City practices. The survey will be performed by a team of experienced and trained Berryman & Henigar personnel using an automated system to collect field data (collection of data is recorded into our field Compaq iPAQ units, then downloaded into the matching MicroPAVER database files). This data is collected in -hand (see image below) then transferred at the end of the day to our in -house workstations for quality control and data population. The first key step in surveying a specific pavement section is to record /verify its length and width while assessing for ride and drainage ratings. From there, the surveyor will perform the necessary condition - distress survey and it is important to note that pavement segment dimensions /surface areas, along with the distress quantities are accurate within tolerable limits. This is noteworthy due to the "implied" accuracy of reporting (length and width to the nearest foot, surface area, and distress to the nearest square foot). Based on street conditions and /or traffic, our staff will measure specific or distinct distress types by hand. An example of the information that is collected /verified during the survey for the pavement management database is listed below: A. ATTRIBUTE DATA • Designation of ownership or jurisdiction such as City, County, state or federal agencies, and privately owned property • From /to, indicating the assigned limits of the section • Name of street • Segment codification, which will allow for assignment of special designations (i.e., truck routes and school zones) as well as maintenance districts • Street classification indicating function, such as local, arterial, or collector, etc. • Number of travel lanes San • Presence of curb and gutter and sidewalk in each section (Critical for GASB 34) • Segment quantities, indicating the length, width, and total area of the section (Critical for GASB 34) • Surface type: AC, PCC, gravel, dirt We welcome staff members from the City to join any portion of our survey efforts. Condition data will be evaluated for all street segments and shall include the following condition characteristics: B. CONDITION CHARACTERISTICS 11 • Pavement distresses by type of distress severity and area (i.e., alligator, block, transverse, edge cracking, raveling, bleeding etc.). Specific types of distresses to be measured will be determined prior to the start of the inventory. • Pavement Condition Index (PCI), taking into account the surface condition, level of distress, ride, and drainage to provide an overall condition assessment. The numbering system ranges between 0 and 100, with 100 indicating new pavement (approximately a 25 -year life expectancy without preventive maintenance). • Surface conditions will be evaluated and each segment rated with an overall score, taking into account general surface characteristics, weathering, etc. The specific types of pavement distresses to be collected will be reviewed and verified during discussions with City staff prior to the start of the survey. We will collect data on the extent and severity of distresses such as longitudinal /transverse cracking, edge cracking, bleeding /flushing, etc. This information will allow us to conduct the inventory in a simple efficient manner. City personnel can participate and observe for any period of time during the field inventory. At several scheduled times during the survey, Berryman & Henigar staff will perform a quality control test within the pavement management software using a sample set of Santa Ana street distress data. This will ensure that all system and analysis settings as well as City recommendations and standards are programmed correctly. Berryman & Henigar staff will input all collected pavement data into the software along with any additional roadside data that has been defined for this project (curb and gutter, sidewalk data). Our staff and surveyors will be responsible for organizing the work to minimize traffic disruption on the City's street system. All work will be performed in accordance with OSHA standards and, if requested, Berryman & Henigar staff will inform City engineering and police staff when and where our teams will be working within the week's period. We will provide your staff with the electronic copy of your updated/converted PMS database files for inclusion into your network. All conversion /verification will be performed in -house at Berryman & Henigar using the most recent version release. From there we will coordinate with your staff to purchase the software and /or implement the new files with your information services /communication network. STATUS MEETINGS Regular status meetings during the project, between Berryman & Henigar and the City's Project Manager, will be conducted to report on project status, concerns, and quality control efforts. This is typically done with monthly meetings dependent upon the City's current workloads. TASK 6: EXECUTIVE SUMMARY FINAL REPORT (OPTIONAL) A. PREPARE NETWORK DATA REPORT Upon completion of the Pavement Condition Survey, Berryman & Henigar will prepare a report that documents the condition of all pavement segments inventoried (local streets for this project). The report 12 will serve as the primary method for quality control of the data to be included in the final report. The City will review these reports and our staff to ensure that all inventory data is correct. Once all the data has been entered into the updated system, our staff will generate a Network Data Report that will include: • Network /street database • Pavement Condition Index (PCI) report • Drainage and ride report • Present status /condition (shown to the right) • Network needs analysis • Maintenance /rehabilitation report • Maintenance schedule A presentation /meeting will be conducted with City staff and, at that time, any action items, edits, or recommendations will be made and delivered in the Final Report. B. DEFINE REPAIR/REHABILITATION STRATEGIES AND PAVEMENT LIFE CYCLES Following the acceptance of the pavement network data report, various repair /rehabilitation strategies will be discussed. Berryman & Henigar will help the City develop the most cost - effective preventative maintenance, repair, and rehabilitation strategies possible. This will be accomplished by meeting with the City to discuss and strategize on maintenance activities that would be applicable to the City. With MicroPAVER, the existing "decision tree' or "decision matrix" has the ability to be matched to any existing strategy, which is currently in use by the City of Santa Ana. We will work with the City to develop and define the necessary maintenance strategies and also build or recommend approaches that may be beneficial to this project and future activities. These strategies typically include R &R, flex seals, slurry seals, overlays, and reconstructions based on the condition of the "maintenance sections," the expected improvement in pavement condition and life -cycle extension, which would result, and the unit cost of each maintenance. The strategy assignments will be based on road class, maintenance zones, and type of surface, which are user - defined and flexible, allowing selection of appropriate activities, unit costs, and life cycles for the pavement management program. In predicting the future performance of the City's pavement network and each individual street section, Berryman & Henigar will review the standard deterioration curves that will be developed based on traffic volumes, pavement surface conditions, and road functional class. The curves will be modified based on local pavement conditions present at the time of the survey. With Berryman & Henigar working will numerous local agencies in Southern California, we will also benchmark Santa Ana's unique deterioration curve to similar surrounding agencies, basically a Regional California deterioration curve. C. DEVELOP RECOMMENDED IMPROVEMENT PROGRAM / COST BENEFIT ANALYSIS 13 Berryman & Henigar's Project Manager and Principal -in- Charge will work closely with City staff in defining repair and rehabilitation strategies during each fiscal year. Once the repair /rehabilitation strategies have been defined, the software will be used to identify the recommended maintenance and rehabilitation projects for each street over a given period of time, which will cover a 5 -year CIP schedule. The recommended projects will be identified on the basis of several criteria: cost/benefit of individual strategies, present pavement conditions, current traffic volumes, current and unconstrained funding levels, accrued backlog levels, future routine and major maintenance needs based on projected deterioration rates, future AHRP objectives and goals, desired levels of service and available resources. The primary emphasis of this task is to maximize the programming of street maintenance projects using the most cost - effective strategies available, and taking into account a life -cycle cost analysis of each strategy recommended. Within our report, three scenarios will be presented for the City to consider or compare against. This will include reporting on the City's "current' CIP budget, as well as demonstrating an "ideal" scenario (to maintain and ideal PCI level) and an unlimited scenario. Additionally, we will work closely with City staff to proactively schedule projects to be included in Measure M funding recommendations. Following this analysis, maintenance project lists will be generated for the several funding level scenarios: the existing "actual" amount of available funds (i.e., City's funding level) and proposed, unlimited, and constrained funding levels given the most cost - effective Pavement Management Plan. In this way, if available funding is less than required for completion of recommended projects within a given year, it will be easy to determine which projects can be deferred with the least impact on current pavement condition and future rehabilitation cost. Q. PREPARE EXECUTIVE SUMMARY FINAL REPORT The Final Pavement Management Program Report will provide a summary of the findings from the condition survey with the corresponding recommendations for the implementation of the most cost - effective maintenance program each year (this report will be suited for an audience of managers and council members). The report will be prepared in MS Word format that will use the information found in the computerized PMS reports in conjunction with the information and analysis performed by the Berryman & Henigar pavement management team. The report will provide the City with information on: Introduction / Executive Summary of the project methodologies and findings Comparison of Budget Scenarios Current inventory and PCI shown in tabular and (Current, Ideal, and Unlimited) graphical format for all road classes and surface types (pavement condition report, priority listings) Project graphs depicting pavement conditions broken down by functional class demonstrating weighted percentages of PCI's and areas; 14 • Projected annual repair /rehabilitation programs for street maintenance on all streets for a 10 -year period (Action Forecast Report) which demonstrates the largest return on investment; • Project schedules and associated budgets (adjusted for inflation within the software based on user selected inflation factors) for the entire network, as well as each street segment, for each fiscal year over the given period of time (10 -year CIP); • Priority projects that should be scheduled for immediate maintenance, based on user - defined priorities and existing conditions; • Exhibits showing existing PCI ranges and locations, as well as showing the proposed annual work to be performed based on the 10 -year CIP package; • An analysis that allows the City to measure and understand the impact on and cost of deferred maintenance for the City street network; and • Review and development of recommended funding programs for street related improvements. Project Deliverables: • Berryman & Henigar will submit five (5) copies of the Final Pavement Report, in binder form, as well as an electronic copy. • Original field inspection sheets for distress data • MicroPAVER database file • Pavement management information GIS shapefile (.shp) format 15 16 Exhibit B Fee Schedule Total Project Fee per Tasks 1 -6 (see proposal) ....... ............................... $97,082 Contingencies. . ........................................................................ ... $12,918 Total Contract Amount .......... ............................... .......................$110,000 17 ACORM CERTIFICATE OF INSURANCE 996 DATE 5/24/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Barney & Barney, LLC - CA License No. 0003950 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Barney & Barney, Inc. - CA License No. OC24310 POLICIES BELOW. P.O. Box 85638 COMPANIES AFFORDING COVERAGE San Diego, CA 92186 -5638 MST #5 COMPANY A TRAVELERS INDEMNITY CO. OF ILLINOIS LETTER INSURED �, �1[;'�% 1/1��� Y A Jl COMPANY B NO COVERAGE ON THIS DOCUMENT LETTER Berryman &Henigar Enterprises Berryman & Henigar, at al COMPANY C NO COVERAGE ON THIS DOCUMENT LETTER 11590 West Bernardo Court San Diego, CA 92127-1624 COMPANY D NO COVERAGE ON THIS DOCUMENT LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE (MM /DDAY) LIMITS (MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE .... $" "2,000,000 ® COMMERCIAL GENERAL LIABILITY 630525D5655 12/31103 12/31/04 PRODUCTS- COMPIOP AGG. $' "...."2,000,000 A ❑ CLAIMS MADE ® OCCUR. PERSONAL & ADV. INJURY $••". ^•`1,O00L000 ® OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE V.. "'° "1,000,000 ❑ FIRE DAMAGE (Any one fire) $ " "" """"""^100,000 MED. EXPENSE (Any one person) $••`••"•`•.`•• »5,000 AUTOMOBILE LIABILITY COMBINED SINGLE ® ANY AUTO 810525D5655 12/31103 12/31/04 LIMIT V.,. "' "`•1,000,000 ❑ ALL OWNED AUTOS BODILY INJURY A ❑ SCHEDULED AUTOS (Per person) $.^ ..................0 ❑ HIRED AUTOS BODILY INJURY ❑ NON OWNED AUTOS (Per accident) $ ............... «..0 ❑ GARAGE LIABILITY PROPERTY DAMAGE $......•.... " "` "`•"0 EXCESS LIABILITY EACH OCCURRENCE $' "' " "'" "'5,000,000 A ® UMBRELLA FORM CUP 525D5655 12/31/03 12/31/04 AGGREGATE $ " "" "'5,000.000 ❑ OTHER THAN UMBRELLA FORM ❑ STATUTORY LIMITS WORKERS' COMPENSATION AND EACH ACCIDENT $•` " " ". ..... ••••0 DISEASE - POLICY LIMIT EMPLOYERS' LIABILITY DISEASE - EACH EMPLOYEE $•• "•^ ••• ^ ^ " ^"•0 OTHER F1010 VEPAGE DESCRIPTION OF OPERATIONS /LOCATIONS VEHICLES /SPECIAL ITEMS '10 days notice Of Cancellation applies to non - payment RE: PAVEMENT MANAGEMENT SERVICES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Santa Ana MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTN: JOE PARCO, SR. CIVIL ENGINEER LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 20 CIVIC CENTER PLAZA LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. SANTA ANA, CA 92701 AUTHORIZED REP SENTAJAVE s 6Z*9 ACORD 25 -S (7190) /CORD CORPORA - rHE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTtXCHED ENDORSEMENT n IO" _ Berryman & Henigar Enterprises Named Insured: Berryman & Henigar Enterprises Berryman & Henigar, Inc., A California Corporation Berryman & Henigar, Inc., A Florida Corporation Harbor Engineering Govpartner.com Schedule of Locations: 11590 W. Bernardo Ct., Ste. 100 San Diego, CA 92127 -1624 2001 East First Street Santa Ana, CA 92705 -4020 6150 Stoneridge Mall Road, Ste. 370 Pleasanton, CA 94588 -3241 674 NE 5th Street Crystal River, FL 34429 16880 W. Bernardo Drive #150 San Diego, CA 92127 1414 SW Martin L King Jr Ave. Ocala, FL 34474 -3129 1221 W. Colonial Drive, Ste. 300 Orlando, FL 32804 -7156 1615 Huffingham Road Jacsonville, FL 32216 4 Hargrove Office Center, Unit B Palm Coast, FL 3200 Commonwealth Blvd., Ste. 101 Tallahassee, FL 32303 1412 Tech Boulevard Tampa, FL 33619 2045 NE 41st Street Ocala, FL 34479 78 -060 Calle Estado, Ste. 11 LaQuinta, CA 92254 4840 W. University Avenue, Ste. A -1 Las Vegas, NV 89103 -3829 720 3`d Ave., Ste. 1200 Seattle, WA 98104 -1820 3050 Beacon Blvd. West Sacramento, CA 95691 3006 Fuhrman Avenue East Seattle, WA 98102 r COMMERCIAL GENERAL LIABILITY POLICY NO. 630 525D5655 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) Additional Insured: City of Santa Ana, ITS OFFICERS, AGENTS, REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY — CONTRACTORS PART WHO IS AN INSURED - (Section II) is amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which cover- age is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability caused by "your work" for that additional insured. 2. The insurance provided to the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought, the insurance provided by this endorsement shall be limited to the limits of liability required by such contract or agreement. This endorsement shall not in- crease the limits stated in Section III - LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage ", "personal injury" or "advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and II. Supervisory or inspection activities per- formed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" included in the "products- completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought and then only for the period of time required by such con -tract or agreement and in no event beyond the expiration date of the policy. 3. Subpart (1)(a) of the Pollution exclusion under Paragraph 2., Exclusions of Bodily Injury and Property Damage Liability Coverage (Section I - Coverages) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess. contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non - contributory basis. When this insurance is primary and there is other insurance available to the additional insured from any source, we will share with that other insurance by the method described in the policy. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occur- rence" or offense which may result in a claim and prompt written notice of "suit ". / _.A_F�.��� CG D2 46 10 02 Copyright, The Travelers Indemnity Company, 2002 COMMERCIAL GENERAL LIABILITY a) Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the "suit," and otherwise comply with policy conditions. c) Tender the defense and indemnity of any claim or "suit' to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For purposes of this requirement, the term "insures against' refers to any self- insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and /or indemnity under that policy of insurance. d) Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG D2 46 10 02 Copyright, The Travelers Indemnity Company, 2002 ACORD- CERTIFICATE OF LIABILITY INSURANCE 0DATE MMUD 5125/04 DNY) 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711.0550 714 427 -6810 INSURERS AFFORDING COVERAGE INSURED ''i INSURER A. Liberty Insurance Underwriters Ins Berryman & Henigar Enterprises INSURERS: 2001 East First Street - - -- -_ - -- - -- ___ -- INSURER C: Santa Ana, CA 92705 -4020 _ - - - - - -- _- - - -- INSURER D'. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1 1 POLICY EFFECTIVE TPOLICY EXPIRATION -- -- LTR I TYPE OF INSURANCE POLICY NUMBER DATE MMIDDNY DATE WMaDDNYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ERE CAMAGE (Any one fre) $ _ MAS GENERAL LIA :LlT. CI-AIMS MADE 7 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIM IT APPLIES PER:i '�I PRODUCTS -COMPIOPAGG $ PRO POLICY JECT LOC AUTOMOBILE LIABILITY '. ;COMBINED SINGLE LIMIT 5 ANY AUTO � � (Ea accident) i ALL OWNED AUTOS ' BODILY INJURY i$ � SCHEDULED AUTOS I (Per person) HIRED AUTOS II— _ BODILY INJURY L NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ �— - - - -- (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC S ANY AUTO AUTO ONLY: AGG 5 EXCESS LIABILITY EACH OCCURRENCE 5 OCCUR CLAIMS MADE �1 ' AGGREGATE U $ $ I DEDUCTIBLE g RETENTION 5 $ WORKERS COMPENSATION AND WC STATU- OTH- 1 R EMPLOYEES' LIABILITY '__'_TQRYlUdII$_ ------ DEL. EACH ACCIDENT is E.L.DISEASE- EAEMPLOYEE $ E.L. DISEASE - POUCYUMIT I $ A ,OTHER Professional JAEE1969090103 12/12/03 112/12/04 $1,000,000 Per Claim Liability 1 $2,000,000 Annl A 99 r. DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Pavement Management Services City of Santa Ana Att: Joe Parco, Sr. Civil Engineer 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 -S (7/97)1 of 1 #M81632 SHOULD ANYOF TH E ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XXR5ffi 1FXTP MAIL 30 -- DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BRTOJBtl %ArXliAlnPl6RRNt0%X AUTHORIZED © ACORD CORPORATION 1988 rv01( AMID. CERTIFICATE OF INSURANCE ISSUE (M BER75159 No 109282I05/24/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Barney & Barney, LLC -CA Lic 0003950 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Barney & Barney, Inc -CA L1cOC24310 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 85638 San Diego, CA 92186 -5638 COMPANIES AFFORDING COVERAGE (858) 457 -3414 HARTFORD ELITE COMP - HARTFORD INS. Mst #: 6164 COMPA NY LETTER A CO. OF THE MIDWEST NO COVERAGE ON THIS DOCUMENT INSURED BERRYMAN & HENIGAR, INC.; COMPANY LETTER B GOVPARTNER.COM; ET AL, SEE NO COVERAGE ON THIS DOCUMENT ATTACHED ETTER "Y C ATTN: SHERRY HENNES NO COVERAGE ON THIS DOCUMENT 11590 WEST BERNARDO CT., 4100 ETTERNY D SAN DIEGO CA 92127 NO COVERAGE ON THIS DOCUMENT COMPANY E ;LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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. Col TYPE OF INSURANCE POLICY NUMBER LTR' POLICY EFFECTIVE 'POLICY EXPIRATION DATE(MM /DD/YY) : DATE(MM /DD/YY) : LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ * * * * * * * * * O COMMERCIAL GENERAL LIABILITY :PRODUCTS- COMP/OP AEG. $ * * * * * * * * * 0 CLAIMS MADE OCCUR.:. NO COVERAGE : PERSONAL & ADV. INJURY $ * * * * * * * * * O OWNER'S & CONTRACTOR'S PROT : EACH OCCURRENCE $ * * * * * * * * * 0 FIRE DAMAGE (Any one fire) :$ * * * * * * * * *O :MED. EXPENSE (Anyone person);$ * * * * * * * * *O : AUTOMOBILE LIABILITY : : ANY AUTO : COMBINED SINGLE .LIMIT $ * * * * * * * * *0 ALL OWNED AUTOS SCHEDULED AUTOS 1 BODILY INJURY (Per person) $ * * * * * * * * *0 HIRED AUTOS NO COVERAGE '' NON -OWNED AUTOS jj BODILY INJURY ' ,(Per eccidenp $ * * * * * * * * *0 GARAGE LIABILITY - PROPERTY DAMAGE $ * * * * * * * * *O EXCESS LIABILITY : - EACH OCCURRENCE i$ O UMBRELLA FORM NO COVERAGE :AGGREGATE ';$ * * * * * * * * * 0 OTHER THAN UMBRELLA FORM -- -- - -- WORKER'S COMPENSATION A X STATUTORYLIMITS AND 72WESH9069 (CA) 09/30/03 09 /30 /04EACHACCIDENT $ *1, 000, 000 EMPLOYERS' LIABILITY DISEASE - POLICY LIMIT !$ * 1 , 0 0 0 , 0 0 0 OTHER DISEASE - EACH EMPLOYEE !$-1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /SPECIAL ITEMS *10 DAYS NOTICE OF CANCELLATION APPLIES TO NON - PAYMENT. RE: PAVEMENT MANAGEMENT SERVICES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SANTA ANA MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ET AL (SEE ATTACHED) LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: JOE PARCO, SR. CIVIL ENG. LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 20 CIVIC CENTER PLAZA SANTA ANA CA 92701 —AUTHORIZED REPREBENTATIVE I�� ACORD 25-5 7/80 ®ACORD CORPORATION 19W �U II • ATTACHMENT THE FOLLOWING ARE ADDITIONAL NAMED INSUREDS: BERRYMAN & HENIGAR ENTERPRISES ATTACHMENT Client ID: BER75159 Master #: 6164 Record #: 109282 CONTINUATION OF CERTIFICATE HOLDER: ITS OFFICERS, AGENTS, REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES.