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HomeMy WebLinkAboutTRANSPORTATION STUDIES, INC. 3 - 2005 J INSUfiANCE ON tilE WORK MAY PROCEED UNTIL INSURANCE EXPIRES to -( -uS CLERK OF COUNCIL DATE: 7-.:/;;2.-05 C' PvJ;4 . (5 (, oh r ",-.".;) A-2005-126 Project: Account No.: Project Manager: Shahir Gobran $: not to exceed $50,000.00 CONSULTANT AGREEMENT THlS AGREEMENT made and entered into this 6th day of June, 2005 by and between Transportation Studies, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of traffic counting and data collection services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in City's Request for Proposal for Project 5512, dated April 4, 2005, and Consultant's Proposal, attached as 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 $50,000.00 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, 2006, unless terminated earlier in accordance with Section 12, below. This Agreement may be renewed for an additional twelve-month period upon the same terms and conditions set forth herein. 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 2 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 I 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. 3 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5622 4 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Transportation Studies, Inc. 1350 Reynolds Avenue, Suite 115 Irvine, California 92614 Telefacsimile 949-852-8441 Attn: Craig Shick A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms ofthis Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior 5 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations ofthe 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. 6 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnifY City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: -~/ U~ PATRICIA E. HEALY Clerk of the Council DAVIDN. REA City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney / 'j By: /-',),' j' Laura/Sheedy Assistant City Attorney './ , CONSULTANT TRANSPORTATION STUDIES, INC. CRA~IC{ II Vice-President 7 TSI Transportation Studies, Inc. A Traffic Data Collection Company T.C. Sutaria Transportation Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA. 92701 Dear Mr. Sutaria, TRANSPORTATION STUDIES, INC., (TSI) is pleased to be put on your bid list for your upcoming annual contract for traffic counting services. TSI personnel have many years of traffic data collection experience, performing studies in Orange, Riverside, San Bernardino, Los Angeles, San Diego and Ventura Counties. TSI utilizes the Jamar DB-IOO turning movement counter, Jamar Trax-II classifier, the Timemark Beta 24-hour volume counter and the MPH K-15 radar gun. TSI's complete report package includes Jamar's Petra and Traxpro programs and Timemarks Tmwin program. Each report package includes 15-minute interval counts and peak hour reports. All data can be supplied on a 3 Yz" diskette in ASCII file format And excel type spreadsheet. Sin,~dy. ( ft.) Craig Shick Vice-President 1350 Reynolds Ave., Ste. 115, Irvine' CA 92614. (949) 852-8460' Fax (949) 852-8441 I;VH U']' ',' ,. - II!!l\ . "'".... 11 .. TSI Transportation Studies, Inc. A Traffic Data Collection Company PROJECT UNDERSTANDING The City of Santa Ana is in need of accurate traffic data for its needs for A. Traffic Impact Stodies: B. Street System Design C. Speed Surveys D. Warrant Stodies E. Traffic Signal Timing F. Public Information G. Safety Stodies H. Neighborhood Stodies 1350 Reynolds Ave., Ste. 115, Irvine' CA 92614' (949) 852.8460' Fax (949) 852-6441 TSI Transportation Studies, Inc. WORK PLAN / METHODOLOGY A Traffic Data Collection Company The Scope of Services included in the RFP for the proposed project contains a detailed listing and schedule for required tasks and deliverables. Following is a brief discussion of the methodology to be utilized in conducting these tasks. 24 HOUR MACHINE COUNTS AND VEHICLE CLASSIFICATION COUNTS Enter locations into computer and print a set log. Drive locations to establish street configurations Establish a work flow panern Work up a flow map for multiple sets to be utilized by field personnel Check with the City of Santa Ana before field work begins in order to validate field plan Set machine on day prior to count day, recheck machines daily for any problems When counts are complete, pick up and download all data inunediately Evaluate results Fax preliminary results to the City of Santa Ana for their review and approval Upon approval compile data and prepare report TURNING MOVEMENT COUNTS AND PEDESTRIAN COUNTS Enter locations into computer and print out daily count locations Drive locations and determine number of people needed to count each location Establish a work flow pattern Work up a flow map for locations to be utilized by count personnel Distribute work to count personnel When counts are complete, download all data inunediately Print out results and evaluate Fax preliminary results to the City of Santa Ana for their review and approval Upon approval, compile data and prepare report VI 1350 Reynolds Ave., Sle. 115, Irvine' CA 92614' (949) 852-8460' Fax (949) 852-8441 ~ Transportation Studies, Inc. 1350 Revnolds Avenue. Ste 115 Irvine. CA. 92614 Location : INGLEWOOO AVENUE Site: EDONDO BEAC S~!!ment S/O GRANT A VENUE Date: 04/22/04 Client : LL&G File: 00404192 Interval NB SB COOlbined Day: . Thursday Be!!in AM PM AM PM AM PM 12:00 30 88 192 761 56 176 210 840 86 264 402 1.601 12:15 26 182 44 211 70 393 1230 19 182 42 206 61 388 12:45 13 205 34 213 47 418 0100 14 40 224 842 23 90 232 934 37 130 456 1776 01.15 9 188 35 250 44 438 0130 10 212 20 232 30 444 01:45 7 218 12 220 19 438 02:00 20 61 187 899 16 65 233 1.084 36 126 420 1.983 02:]5 12 224 20 240 32 464 02:30 16 224 15 277 31 501 02:45 13 264 14 334 27 598 03:00 14 54 242 1.012 17 54 268 Ll39 31 108 510 2.151 03IS 9 280 13 262 22 542 0330 15 242 14 271 29 513 03:45 16 248 10 338 26 586 04:00 14 100 246 1.005 14 70 294 1.212 28 170 540 2.217 04: 15 18 244 18 300 36 544 04:30 40 263 22 313 62 576 04:45 28 252 16 305 44 557 05:00 62 385 246 1.001 22 166 296 1.274 84 551 542 2.275 05:15 94 264 24 325 118 589 05:30 118 251 58 341 176 592 05:45 III 240 62 312 173 552 06:00 148 700 214 854 58 415 338 1.235 206 Ll15 552 2.089 06:15 150 230 67 310 217 540 0630 170 194 124 291 294 485 06:45 232 216 166 296 398 512 0700 218 1.030 233 767 146 1.024 293 1.067 364 2.054 526 1.834 07:t5 260 202 228 283 488 485 0730 264 164 294 237 558 401 07:45 288 168 356 254 644 422 08:00 306 Ll21 158 595 252 943 206 773 558 2.064 364 1368 08:]5 262 140 245 182 507 322 08:30 263 149 234 209 497 358 08:45 290 148 212 176 502 324 09:00 228 827 122 519 169 749 180 599 397 1.576 302 1.118 09:]5 211 155 188 160 399 315 0930 206 122 200 132 406 254 09:45 182 120 192 127 374 247 1000 181 726 117 358 174 714 146 459 355 1.440 263 817 10:15 179 102 174 122 353 224 1030 192 71 172 99 364 170 10:45 174 68 194 92 368 160 1100 180 779 68 198 190 825 87 297 370 1.604 155 495 1115 198 53 214 86 412 139 11:30 198 43 186 68 384 III 11:45 203 34 235 56 438 90 Totals 5.911 8.811 5.291 10.913 11.202 19.724 Split% 52.8 44.7 47.2 553 DavTotals 14.722 16.204 30.926 Dav Splits 47.6 52.4 Peak I-lour 08:00 02:45 07:30 05:15 07:30 05:15 Volume 1.121 1.028 1.147 1.316 2.267 2.285 Factor 0.92 0.92 0.81 0.96 0.88 0.96 Data File' 00404192 Page 1 Transportation Studies, Inc. 1350 Reynolds Avenue Suite 115 Irvine, CA. 92614 E0406085 City: SANTA ANA N-S: BAKER STREET E-W: RIVIERA LANE Start 22-Jun-04 - --------.-- ____ .._____________n ____ Time Tue NB SB WB Total 0 -0---- -----..-------- 1 12:00 AM 1 12:15 2 0 0 2 12:30 1 0 0 1 12:45 0 0 0 0 01:00 0 0 0 0 01:15 1 0 0 1 01:30 0 0 1 1 01:45 0 0 0 0 02:00 0 0 0 0 02:15 0 0 0 0 02:30 0 0 0 0 02:45 0 0 0 0 03:00 0 0 0 0 03:15 0 0 0 0 03:30 0 0 0 0 03:45 1 2 0 3 04:00 0 0 0 0 04:15 0 0 1 1 04:30 0 0 0 0 04:45 0 0 0 0 05:00 0 0 0 0 05:15 0 0 0 0 05:30 0 0 0 0 05:45 0 0 0 0 06:00 1 2 0 3 06:15 0 0 1 1 06:30 0 0 0 0 06:45 0 0 0 0 07:00 1 0 0 1 07:15 1 0 1 2 07:30 0 0 0 0 07:45 0 0 0 0 08:00 1 0 0 1 08:15 1 0 1 2 08:30 1 0 0 1 08:45 1 2 5 09:00 1 0 2 09:15 0 0 2 09:30 2 8 09:45 0 1 4 10:00 0 3 10:15 4 8 10:30 3 4 10:45 0 4 7 11:00 0 0 2 11:15 3 0 3 6 11:30 2 0 0 2 11:45 2 0 1 3 Total 35 10 32 77 Percent 45.5% 13.0% 41.6% ------------ Peak - - - - - -----,-0:00 ---- 09:31j'---- 08:45 09:30 Vol. 10 4 11 23 P.H.F. 0.833 0.333 0.458 0.719 Page 2 Transportation Studies, Inc. 1350 Reynolds Avenue E0406085 Suite 115 City: SANTA ANA Irvine. CA. 92614 N-S: BAKER STREET E-W: RIVIERA LANE Start 22-Jun-04 - - --- - ----~..._^_.- ------------,- Time Tue NB SB WB Total 12:00 PM 1 1 . ----T-. 3 12:15 0 0 3 3 12:30 1 0 1 2 12:45 3 0 1 4 01:00 2 0 0 2 01:15 2 0 0 2 01:30 3 0 1 4 01:45 3 0 0 3 02:00 0 0 1 1 02:15 0 1 1 02:30 2 4 7 02:45 1 2 7 03:00 1 2 5 03:15 0 0 0 03:30 1 2 3 03:45 1 0 0 1 04:00 0 5 3 8 04:15 0 8 04:30 0 .7 04:45 0 6 05:00 0 10 05:15 0 2 4 05:30 4 0 1 5 05:45 2 0 5 7 06:00 2 0 1 3 06:15 3 0 1 4 06:30 2 0 2 4 06:45 2 0 1 3 07:00 1 0 4 5 07:15 2 0 3 5 07:30 2 1 2 5 07:45 1 1 4 6 08:00 0 0 1 1 08:15 1 0 3 4 08:30 3 0 4 7 08:45 2 0 2 4 09:00 1 0 0 1 09:15 1 0 2 3 09:30 1 0 0 1 09:45 1 0 1 2 10:00 2 0 1 3 10:15 2 0 4 6 10:30 0 0 1 1 10:45 0 0 0 0 11:00 0 0 1 1 11:15 0 0 0 0 11:30 0 0 0 0 11:45 0 0 0 0 Total 75 15 82 172 Percent 43.6% 8.7% 47.7% - ____n______ Peak T6:15----1T15 16:15 ,,--.,-..-..------- 16:15 Vol. 17 7 14 31 P.H.F. 0.708 0.350 0.583 0.775 Grand ------ Total 110 25 114 249 Percent 44.2% 10.0% 45.8% ADT Not Calculated Page 1 Transportation Studies, Inc. 1350 Reynolds Avenue E0406085 Suite 115 City: SANTA ANA Irvine, CA. 92614 N-S: BAKER STREET E-W: RIVIERA LANE Start 22-Jun-04 -~--------- ------------ Time Tue NB SB WB Total 12:00 AM -- --4--------- ii-- ---0---------- 4 01:00 1 0 1 2 02:00 0 0 0 0 03:00 1 2 0 3 04:00 0 0 1 1 05:00 0 0 0 0 06:00 1 2 1 4 07:00 2 0 1 3 08:00 4 2 3 9 09:00 10 16 10:00 22 11:00 13 12:00 PM 5 6 12 01:00 10 1 11 02:00 3 8 16 03:00 3 4 9 04:00 5 11 29 05:00 12 0 26 06:00 9 0 14 07:00 6 2 13 21 08:00 6 0 10 16 09:00 4 0 3 7 10:00 4 0 6 10 11:00 0 0 1 1 Total 110 25 114 ----249 Percent 44.2% 10.0% 45.8% AM Peak 10:00 09:00 10:00 .._-.---- ---- 10:00 Vol. 10 3 11 22 PM Peak 16:00 14:00 17:00 16:00 Vol. 13 5 14 29 Grand- -------------- Total 110 25 114 249 Percent 44.2% 10.0% 45.8% ADT Not Calculated City: SANTA ANA N-S Direction: EASTWOOD AVENUE E-W Direction: FRUIT STREET Transportation Studies, Inc. 1350 Reynolds Avenue Suite 115 Irvine, CA. 92614 File Name Site Code Star! Date Page No : h0502008 : 00001883 : 2/15/2005 : 1 Groups Printed. Turning Movements . -EASTWOOD AVENUE FRUIT STREET I EASTWOOlfAvENUE- ---'FRUIT STffEET _ _~.~Jhl?9~~~ _ _ _________ __ ____ _ ~ ~?lbound __________+-.________ ~~.r~.~_~~n~ _ _____ __<_ _ _ _ .__ Eastbound StartTimeRi9ht. . Thru._L.eft__ _F<;ght ___~ Left: Bi9.ht~_ Thr" .__ LefL__R~_ Thru Left Int Total Factor' 1.0 1.0 1.0 1.0 1.0' 1.0 1.0 1.0 1.0 1.0 fa' 1.0 07:00AM 0-6"----6- -o----1T-~-.7-'d . 4 4 1 0 40 07:15 AM 0 0 0 0 10 15' 9 0 4 5 6 0 49 07:30 AM 0 0 0 0 18 15 I 14 0 5 4 4 0 60 07:45 AM 0 0 0 0 12 36 i 8 0 5 10 7 0 78 Total 0 0 o. 0 51 79T-'3S-'--- -0' - 'is- 23 18 0 227 08:00 AM 08:15 AM 08:30 AM 08:45 AM Total ... BREAK ... 04:00 PM 04:15 PM 04:30 PM 04:45 PM '''Total 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % o 0 o 0 o 0 o 0 -0'--- 0 o o o o -0 o 0,0 0,0 o o o o o o 0,0 0,0 o o o o o o o o o o o 0,0, 0.0 o o 0: o 0- ~ ~~ I 8 16 ___L...,_11L 30 73: 8 10 10 8 -36 o o o o o o o o o o o o o o o o o o o o o o o o o o 0.0 0.0 139 40.6 19.0 6 4 4 8 22 8 10 11 7 36 203 59.4 27.7 4 5 9 7 25 4 9 5 8 26 124 61.7 16.9 o 5 o 4 o 5 o 3 o --'--'1'r 5 7 10 4 26 o o o o o 3 4 11 5 8 12 5 6 10 657 19---23-40 6 8 4 6 24 o 5 o 4 o 7, o 7 --0---23--- , o 0.0 0.0 77 38.3 10.5 5 8 4 6 --23 94 49.5 12.8 9 6 6 4 25 3 5 6 5 19 2 6 7 4 19 96 50.5 13.1 o 0.0 0.0 o o o o o 59 54 51 36 200 o o o o o 33 41 44 37 155 o o o o o 30 45 38 38 151 733 Transportation Studies, Inc. 1350 Reynolds Avenue Suite 115 Irvine, CA. 92614 File Name Site Code Start Date Page No : h0502008 : 00001883 : 2/15/2005 :2 ~EAsTWOO-l5 AVENUE FRUIT STREET EASTWOOD AVE-NUE ------FRUIT STREET Southbound Westbound Northbound Eastbound Start Time Right Thru Left ;~~i Right -Th-;~:-~~;;T ;:i-_~;;i~u=~eft~_ ;~t~~ Right Thru - Left Peak Hour From 07:00 AI',fioo-S:4S!>M:Peakforr--- Intersection 07:30 AM Volume 0 0 0 0 0 47 97 144 40 0 19 59 29 19 0 Percent 0.0 0.0 0.0 0.0 32.6 67.4 67.8 0.0 32.2 60.4 39.6 0.0 07:45 0 0 0 0 0 12 36 48 8 0 5 13 10 7 0 Volume Peak Factor High Int. 6:45:00 AM 07:45 AM 07:30 AM 07:45 AM Volume 0 0 0 0 0 12 36 48, 14 0 5 19 10 7 0 17 Peak Factor 0.750' 0.776 0.706 App. Int. Total Total 48 251 17 78 0.804 Out In Total ! 01' 0 0_ , L~L__~m.Q. Right Thru Left f--C '---~ -v m_ (5'.- t- o _ ~ - l;- ~ North ~ " -6' " -0 o ~" ~ ,~ E;"'" ;(ll::J '-.E-----. t- 12115120057:30:00 AM ~15120058:15:ooAM --< i--~ J>,. c~ '~5' . ~ 5~ o m _ N~ 0)-- "' : Tuming Movements r -m "m ~ --< ~o o. w- ~ ~ left Thru Right _~_~40 i 126J C59~--185 Out In Total TVV V Transportation Studies, Inc. 1350 Reynolds Avenue Suite 115 Irvine, CA. 92614 File Name Site Code Start Date Page No : h0502008 : 00001883 : 2/15/2005 :3 U . EASfwOODAVENUCl FRUIT STREET I EASTWOOO AVENUE-----FRuTr STREET I _ _S~uthbound I Westbound I Northbound Eastbound Start Time Right Thru Left ;tt~i I Right , App. I Right -App App. Int. Thru! Left I Thru Left Right Thru Left I Total I Total Total Total Peak Hour From 04:00 PM to 05:45 PM - Peak 1 of 1 Intersection 04:30 PM Volume 0 0 0 0 0 30 29 591 28 0 20 48 24 25 0 49 156 Percent 0.0 0.0 0.0 0.0 50.8 49.2 58.3 0.0 41.7 49.0 51.0 0.0 05:15 0 0 0 0 0 10 9 19 8 0 4 12 8 6 0 14 45 Volume Peak Factor 0.887 High Int. 05:15 PM 04:30 PM . 04:30 PM Volume 0 0 0 0 0 10 9 19 10 0 5 15 6 10 0 16 Peak Factor 0.776 0.800 0.766 Out In Tolal ___J?_ =~ --~~(t _-I..=~_:=-~___l_ I 0' 0 0 Right Thru Left .J 1 4 _m om <5 .... . " " . 0- ~ North . ;U --<I' J -0 o ~,. w m E~ ~, N.c-----t .... 2/15/20054:30:00 PM 2/15/20055:15:00 PM -< ~H.:::T 215 _UfJl3" w o '5'" o ~- N~ ~ ir: ... 1 Tuminq Movements ~ ---(D- - ... =I~ -< _0 -" N- . <-- i r> left Thru Right 20 0 28: .-=-.:~=~- 53 --."48 ['""""'101' -----ot:it -Iil- Totaf- ISI Transportation Studies, Inc. A Traffic Data Collection Company STAFFING TSI's team is composed of: Patti Tolton, President Ms. Tolton has over 7 years of experience working for Traffic Counts for 2 years as the company's Project Coordinator and personnel manager and now 4 years at TSI in the same capacity. Ms. Tolton will handle all project preparations, project scheduling and personnel management. ' Crail! Shick, Vice-President * Contact Person Mr. Shick has over 12 years experience working for Traffic Counts for the past 7 years as the company's Vice-President and office-project manager and now 4 years at TSI in the same capacity. Mr. Shick will be TSI's project manager and do the data analysis. * All counts will be flowed out to check for any discrepancies. If descrepancies are found count will be redone at no expense to the city. Ambrocio Santial!o, Field Technician Mr. Santiago has over II years experience working for Traffic Counts for the past 6 years as a field Technician and warehouse manager and now 4 years at TSI in the same capacity. Mr. Santiago will be responsible for installation and maintenance of machine counters. Traffic Data Collectors Dave Tangcay Shiela Whelen Kevin Whelen Robert Agenter Sandra Bahan Walter Martin William Meisner Kris Nute Tracy Patraw Zheila Zorrilla Larry Ybarra Carol Wickliff Linda Wickliff 10 years experience 4 years experience 3 years experience 3 years experience I year experience I year experience I year experience 3 year experience 3 years experience 1 year experience 3 years experience I year experience 1 year experience ~ 1350 Reynolds Ave., Ste. 115, Irvine. CA 92614. (949) 852-8460. Fax (949) 852-8441 T51 Transportation Studies, Inc. A Traffic Data Collection Company SUBCONTRACTORS TSI will not be using any subcontractors. SPECIAL NOTES TSI uses canned programs that can be delivered in ascii or excel format. TSl does not carry professional liability insurance. vA 1350 Reynolds Ave., Ste. 115, Irvine. CA 92614 . (949) 852-8460 . Fax (949) 852-8441 ISI Transportation Studies, Inc. A Traffic Data Collection Company REFERENCES City of Huntington Beach Bob Hidusky 2000 Main Street Huntington Beach, CA. 92648 (714) 536-5518 City of Santa Monica Kim Jackson 1685 Main Street Room 115 Santa Monica, CA. 90407 (310) 458-8280 City of Torrance Ted Semaan 3031 Torrance Boulevard Torrance, CA. 90509 (310) 618-5990 City of Fountain Valley Mark Lewis 10200 Slater Avenue Fountain Valley, CA. 92728 (714) 593-4413 City of San Buenaventura Jeff Hereford 50 I Poli Street Room 120 Ventura, CA. 9300 I (805) 654-7744 County of Orange Mike Eshraghian 300 N. Flower Street Seventh Floor Santa Ana, CA. 92702 (714) 834-3062 City of Newport Beach Richard Edmonston 3300 Newport Boulevard Newport Beach, CA. 92663 (949) 644-3311 City of Ontario Don Burden 303 East "B" Street Ontario, CA. 91764 (909) 395-2154 J 1350 Reynolds Ave., Ste. 115, Irvine. CA 92614. (949) 852-8460. Fax (949) 852-8441 T51 Transportation Studies, Inc. A Traffic Data Collection Company FEE SCHEDULE 24 Hour single tube count $ 45.00 24 Hour dual tube count $ 45.00 (Consultant must be able to provide 25 simultaneous counts) Intersection manual turning movement count $ 35.00 per man hour (Consultant must be able to provide 15 simultaneous counts) Hourly rate for pedestrian count, including manual turning movement $ 35.60 per man hour Count Speed surveys radar $ 35.00 per segment Speed surveys machine $ 80.00 per machine Machine vehicle classifier data $ 80.00 per machine Any other charges or fees A. traffic flow map $ 1500.00 B. traffic census booklet (25 copies) $ 500.00 v 1350 Reynolds Ave., Ste. 115, Irvine' CA 92614' (949) 852.8460' Fax (949) 852-6441 EXHIBIT B ISI Transportation Studies, Inc. A Traffic Data Collection Company SOUNDNESS OF THE FEE SCHEDULE Personnel costs - itemized to show the following Management - coordinates & manages work Field Technician - set machines and radar studies Traffic Counters - manual & pedestrian counts Direct Labor rate per hour for each person with different rate. Management - $32.50 per hour Field Technician - $ 14.00 per hour Traffic Counters - $ 15.00 per hour Fringe Benefits. N/A Cost of supplies and materials Duct Tape $3.00 per roll Nails $ 10.00 per 100 Shots $ 6.00 per 100 Paper $ 23.00 per case Hose - $50.00 per 100 ft. Travel- transportation and per diem or subsistence separately N/A Special Equipment Manual turn boards - $ 400.00 each 24 Hour Volume Machines - $750.00 each Axle & Speed machine - $ 1,000.00 each Radar Guns - $ 350.00 each Any other direct charges N/A Subcontract cost N/A Indirect cost or overhead 10% L LA} Fixed fee or profit 15% 1350 Reynolds Ave., Sle. 115. Irvine' CA 92614' (949) 852.8460' Fax (949) 852-8441 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 8 DATE (MMlDDfYYYY) 09/27/2004 HI ERTIF A I SS EDASA A EROF FO MA 10 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. X (714)836-9946 GERTIFICA TE OF LIABILITY INSURANCE 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 I POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I'L-f~ ~~~ TYPE OF INSURANCE POLICY NUM8ER DATE lo\MroONY DATE MMID~ LIMITS GENERAL. L1A8IL.1TY BK01961249 10/01/2004 10/01/2005 EACH OCCURRENCE . l,OOO,OOC "x COMMERCIAl GENERAL LIABILITY PREMISES ';'E~~~~~nce\ . 300,OOC I CLAiMS MADE [!] OCCUR MED EXP (Anyone per5OO} . 10,00( A PERSONAl & ADV INJURY . 1 000 ooe GENERAL AGGREGATE . 2,000,000 GEN'LAGGREGATE liMIT APPL.IES PER: PRODUCTS. COMPfOP AGG . 2,000,OOC I' r n :RO-ri-, POLICY JECT LOC AUTOMOBILE LIABILITY BA01961267 10/01/2004 10/01/2005 COMBINED SINGLE LIMIT X ANY AUTO {Eal'lCdden\1 . 1,000,000 - ALL OWNED AUTOS BODilY INJURY - . SCHEDULED AUTOS (Per peraon) A - HIReD AUTOS - BOOll Y INJURY . NON-QI/IfNEO AUTOS (Per occident) - - PROPERTY DAMAGE . (Periilccidenl) GARAGE LIABILITY c/d; AUTO aNl Y . EA ACCIDENT . R ANY AUTO ~J /I~ OTHER THAN EAACC . , C./~AA AUTO ONLY: AGG . EXCESS/UMBRELLA UABIUTY " '7 EACH OCCURRENCE . :J OCCUR o CLAIMS MADE AGGREGATE . . =1 OEOUCTIBLE . RE1ENilOH . . WORKERS COMPENSATION AND BW01961262 10/01/2004 10/01/2005 I T'6)\.tL~~r'i-s I IU~~ EMPLOYERS'l.IABILITY E,l. EACH ACCIDENT 1,000 000 A ANY PROPRIETORlPARTNE.RlEX,ECUTNE . DFFICERfMEM6ER EXCLUDED? E.L. DISEASE - EA EMPLOYEE S 1 000 000 If yes, describetJndfilr SPECIAL PROVISIONS belOW El. DISEASE - POLICY lIMIT . 1 000 000 OTHER DESCRIPTION OF OPERA.TIONS ILOCATlONS' VEHICLES I EXCLUSIONS ADDED BY ENDORSEIIENT' SPECIAL PROVISIONS :ertificate Holder is additional insured as respects to general liability & auto liability but only if 'equired by written contract with the named insured prior to an occurrence and as per coverage form :L/BF26090903 and form CL/CA99090895. Coverage subject to all policy terms and conditions. [E: On-Call traffic counting service. '10 day notice of cancellation applies for nonpayment of premium and/or non-reporting A C:;Uf<U .. PRODUCER (714)836-9945 The Empire Company 555 parkcenter Drive, Ste 206 Santa Ana, CA 92705-3521 Emily Fisher INSURED Transportation S'tud'1es lIne. 1350 Reynolds Avenue A-?-co;s -14-0 Ste. 115 ,04- .?003-1"fD -d Irvine, CA 92614 COVERAGES CERTIFICATE HOLDER City of Santa Ana 20 Civic Center Plaza, M-43 Santa Ana, CA 92702 'CORD 25 (2001/08) INSURERS AFFORDING COVERAGE INSURER A: St. Paul Insurance Company INSURER B: INSURER C: INSURER 0: INSUR.ER E' NAIC# CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED pOUC\ES BE CANCELLED BeFORE THE EXPIRATION DATE THEREOF, THE ISSUING lNSUR~R W1LL~~ AlAIL ...!lQ... DA VS WRITTEN NOTICE 'TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~~)(~)(\lOOllClQllNllICMXl){lIIJ1JQJlO(~JlXXX JlO( II!lOIJllllOOlJ(JQltlllllt\llllll0CKl'llOOCXXXXXXXX AU1'1iORIZED RE.,.-E / iClA ORD CORPORATION 1988 .> ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY INSURED: Transportation Studies, Inc. United States Fidelity & Go.r. POLICY NUMBER: BK01961249 POLICY PERIOD: 10/01104 to 10/01105 ADDITIONAL iNSURED: City of Santa Ana This summary endorsement modifies insurance provided under the following: Additional Insured: The following is added to Section II. WHO IS AN INSURED: Any person Qr organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" if first committed, but only with respect to that person's or organization's liability arising out of"yaur work'.. for that person or organization. However, such person Of organization is not an insured with respect to any: (1) "Bodily injury", "property damage", "personal injury" or "advertising injury" that does not arise out of: (a) Your negligence; or (b) The negligence of another person or organization for whom you are liable; (2) "Bodily injury", "property damage", "personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) "Property damage", to:(a)Property owned. used or occupied by, or loaned or rented to such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; Of (c) "Your Work" performed for the insured; or (4) "Bodily injuryn, "property damage", "personal injury" or "advertising injury" arising out of any architect's, engineer's Of surveyor's rendering of, or fa.ilure (0 render, any "professional service", when such person or organization is an architect, engineer or surveyor. Aggregate Limit of Insurance (Per Project): The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. Notice of Cancellation: We may cancel this policy by mailing (tirst class mail only) or delivering written notice of cancella.tion at least <1. 10 days before the effective date ofcancdlation if we cancel for non-payment of premium; or b. 30 days before the effective date ofcancelJation if we cancel for any other reason. CL/BF 26 09 09 03 Abbreviated Other Insurance: The following replaces SECTION IV. Conditions. 5. ..Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non-contributory with, ....other insurance" issued directly to a person or organization added as an additional insured under Section ll. WHO IS AN INSURED 2.; if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such "olher insurance". This insurance will then applied as primary insurance for damages for "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization. and we will not share those damages witb such "other insurance". Separation of Insureds: Except with respect to the Limits of Liability, and any rights or duties specifically assigned in the Coverage Part to the First Named Insured, this insurance applies: a. As ifeach Named Insured were the only Named Insured,& b. Separately to each insured against whom claim is made or "suit" is brought. Transfer of Rights of Recovery and Proceeds Against Others to Us (Waiver of Subrogation): The following is added to Section IV. Condition, 8.: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an Additional Insured under WHO IS AN INSURED, 2.: a. Because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of " your work" in ongoing operations or included in the "products-completed operations hazard"; and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. ~ I\( Countersigned by AuthoTlz Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Service Office, Inc. 2001. Printed in U.S.A. : .. Insured: Transportation Studies, Inc. Policy Number: BA01961267 Effective Date: 10/01/04 to 10/01105 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART. With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modified by the endorsement SCHEDULE Name orYenon or Organization: City or Santa Ana A. WHO IS AN INSURED is amended to include as an "insured" the person or organization shown in the Schedule as an Additional Insured. The coverage afforded to the Additional Insured is solely limited to liability specifically resulting from the conduct of the Named Insured which may be imputed to the Addi- tionallnsured. However, the naming of the person or organization shown in the Schedule as an Addi- tional Insured does not increase or alter the limit of Insurance not the scope of coverage of this policy. B. EXCLUSIONS This insurance does not apply to: I. "Bodily injury" or "property damage" for which the Additional Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. But this exclusion does not apply to liability for damages that the Additional Insured would have in the absence of the control of the contract or agreement. 2. "Bodily injury" or "property damage" arising out of the use of your ~'productsn or work you performed for the Additional Insured. 3. "Property Damage" to: a. Property owned, used or occupied by or rented to the Additional Insured. b. Property in the care, custody or control of the Additional Insured for any purpose of exercising physical control. C. Any coverage provided by this policy shall be excess only, over any other valid and collectible insurance which would apply in the absence of this policy. However, this policy shall not be excess over any policy written as specific excess. '/;Y~7 31') CLlCA 99 09 08 95 lncludes copyrighted material of Insurance Services Office. Inc., with its permission. Copyright, Insurnnce Services Office, Inc. 1993 1 ACORD~ CERTIFICATE OF LIABILITY INSURANCE T DATE {MMlDDIYYYY) 10/10/2005 PRODUCER (714)836-9945 FAX (714) 836-9946 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Empire Company ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 550 Parke enter Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 205 Santa Ana CA 92705-3521 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: St. Paul Insurance Transportation Studies, Inc. A-- INSURER B: 1320 Reynolds Ave. ;wo5- /:J.4; INSURER c: suite 115 INSURER D Irvine CA 92614 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLlC1ES DESCRIBED HERE1N IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY fFFECTIVE POLICY EXPlRA110N LIMITS LTR 1 NSRD TYPE OF INSURANCE POLlCY NUMBER DATE (MMfDDNYl DATE (MM/DDNY) ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ~~~~~~J?E~~~Cr?ence\ $ 300,000 A ! CLAIMS MADE ~ OCCUR BKOl961249 10/1/2005 10/1/2006 MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 ~.~ AGG~EnE LIMiT APlES PER PRODUCTS - COMPIOP AGG , 2,000,000 X POLICY ~f8T LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT . 1,000,000 ~ ANY AUTO (Eaacc'ldenl) A - ALL OWNED AUTOS BAOl961267 10/1/2005 10/1/2006 BODILY INJURY (Per person) . f-- SCHEDULED AUTOS f-- HIRED AUTOS BODILY INJURY . (Per accident) I- NON-OWNED AUTOS r-- PROPERTY DAMAGE . (Per accident} RRAGE U"'UTY \ .bY':> Q AUTO ONLY - EA ACCIDENT $ ANY AUTO 7c:;;:::? ...e..L"'tv , 12- OTHER THAN EA ACC $ AUTOQNL Y: AGG . EXCESS/UMBRELLA LIABILITY / EACH OCCURRENCE . :=J OCCUR 0 CLAIMS MADE AGGREGATE . $ =j ~EDUCTlBLE . RE"TEN"TION $ . ?\ WORKERS COMPENSATION AND I T~1IffJHs I I Ol~- EMPLOYERS' LIABILITY 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? BW02155033 10/1/2005 10/1/2006 El. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 t-- ~PECIAL PROVISIONS belOW E.l. DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is additional insured as respects to general liability & auto liability but only ifrequired by written contract with the named insured prior to an occurrence and as per coverage formCL/BF26090903 and form CL/CA99090895. Coverage subject to all policy terms and conditions,RE: On-Call traffic counting service.*IO day notice of cancellation applies for nonpayment of premium and/or non-reporting COVERAGES CERTIFICATE HOLDER CANCELLATION City of Santa Ana 20 Civic Center Plaza, M-43 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLfD BEFORE THE EXPIRATION DATE "THEREOF, "THE ISSUING INSURER WILL ~)(O( MAll DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~X x.~~~~*~~~~~ ~~~ AUTHORIZED REPRESE TIV ORD CORPORATION 1988 ACORD 25 (2001108) INS025 (0108}.06 AMS {2,Q, VMP Mortgage SOlulions, Inc_ (800}327-0545 Page 1 of2 DEC-12-Z0e5 07:05 AM TSI .. . 949+852+8441 P.0Z . ADDmONAL INSTJRRn ENDORseMENT FOR C:OMURIlt'TAT. O~~ LIABIUTY POT Tt"V ~Com~ ~ ~~.t... , I~ S vftqNC:E Tbla 1Ddor-.t modi&. IIIIllh laII\I:uco II ill atlimicd IIy the proviliollf of Policy 1# "Rl(cl 1;'''' 2-1./ q relatlDa to !he fonDwiII~ 1. 'I'M City otSlDta AlII. 20 Clvla CeII_ Pl_ SIIlIta AM. Californill92701; itt omcen.lllJpl~ aaenu. volunteers IIId 1.."._n1atfv. are named II additional inllll'ed. ("l4Sditioaallll__") with IWpId to lilbility IIIll cW'eIIM or lUilllrillq from the operation. IIId .. !""r~ by or OD bebIlf oftbe lIIlDtd inllftd. ], With rapect to cWme WIDa out of tho opaatione and IIIlII performed by or on bcb&Itofthllllllled IuInd, I1IIlh iDIUr_ II IIIft'wded by 1111. policy ia prillllllY IIIlI il not IIdditioaalto or llDlllrillutlna with lilY oIhtr m- curled by or Cor the benefil of \he aIltIoIlIIlAtundII. 3. Tbis inIurmIce applIee IllpIra1ely to eech iDIurecl eaailllt whom clBim il made or lIIIit iI brouabt except with rapect to the COIDIJIIIy'llimlll of Iilblllty. The lncllllion of III)' penon or orp"lallioA 11l1li illllll'ed shaI1l1Ot deoIlIIY riaht which .uch pmon or orllllization lIIO\llcl havCllI . clllmmt If JIlIt 10 inc1wW. 4. With IWJ*l to lira MdJtt-J iDIur~, diU illlurane4llhall not b4l11&n<lllned, or IlIIteriaIly IWIacecIIn ccmnp or limlu IXcept efter thirty (30) ~ys written notice hH beea pOQ to Ihe Ci17 of s.ta ADa, 20 CIYie CeDlillr Plea, !uta AIle, Califilmla 92 70 1. (Compltiticm oftbe fbllowlq. iDoludil'l ~ II Nqllirecl to make thl, endorIemenl ~w.) Eft'OllIivt '0- 0 I. ~Oo .S: PoIloyt 'Il~ dl <j'(" I'L~ '1 Iaued. to --r-R..A. I'll ""lL I..... ~ .ON . thi, IlldorMmeat form .. I part of .s:?ru"b,~'~ JIVC- NIIIIId IIIIIIIIeCI ~b~ ~~ ~?Iz. lIO"d os: ~t SOO~ 6 ~8(] ~~8S-l~-~tl:XVj ~ )l1Bnd - ~ SAil) Page 1 of3 Mitre-Ramirez, Norma From: Mercer, Margaret Sent: Thursday, August 30,200710:34 AM To: Gobran, Shahir Cc: Mitre-Ramirez, Norma; Gee, Connie Subject: RE: QUESTION REGARDING INSURANCE... Shahir: Thanks, I'll let Norma and Connie know. Norma I Connie: This is in regards to Agreement A-2005-126 with Transportation Studies, Inc. The agreement required Professional Liability insurance; however, this was an error in the original document preparation. Also, for the entire duration of the contract, the requirement for Professional Liability insurance was not enforced. As noted below, Laura Sheedy is in agreement that Professional Liability insurance is not a requirement for this contract. All of the other insurance requirements are up to date, so I will continue to approve the remaining invoices. Margaret Ext. 5050 From: Gobran, Shahir Sent: Thursday, August 30,2007 10:23 AM To: Mercer, Margaret Subject: FW: QUESTION REGARDING INSURANCE... Margaret, Please see Laura's response. Shahir Gobran, P.E., AICP Senior Transportation Analyst Transportation and Traffic Engineering City of Santa Ana Public Works Agency From: Gobran, Shahir Sent: Thursday, August 30, 2007 10:21 AM To: Sheedy, Laura Subject: RE: QUESTION REGARDING INSURANCE... Thank you, Laura. I appreciate your prompt response. Shahir Gobran, P.E., AICP Senior Transportation Analyst Transportation and Traffic Engineering City of Santa Ana Public Works Agency From: Sheedy, Laura Sent: Thursday, August 30, 2007 10: 13 AM To: Gobran, Shahir Subject: RE: QUESTION REGARDING INSURANCE... Shahir Based on your description of the services provided, Professional Liability insurance should not be required for this contract. Thank you Laura 8/30/2007 Page 2 of3 From: Gobran, Shahir Sent: Thursday, August 30, 2007 10: 11 AM To: Sheedy, Laura Cc: Mercer, Margaret Subject: RE: QUESTION REGARDING INSURANCE". Hi Laura, Thank you for taking the time to look into the above referenced subject. If it helps, we had a conversation regarding this issue (the question has been raised as to whether the traffic counts companies considered as professional service). For all practical purposes, they are not as they deploy the service of contracted part time employee to count cars, pedestrian, measure speed and forward the data to us without rendering any professional opinion. I had a brief conversation about the subject with you couple of years ago when I was filling the checklist, I explained what type of services these firms provide (Please see attached form). It should also be noted that when I looked at the old files (2003, 2004, 2005....) the professional liability insurance was never requested. At this stage, I closed one of the contracts (Southland) and there are some outstanding invoices for the other firm. Once paid, then the contract is closed too. We are in the process to issue a new car counts contracts; if the professional liability is required please let me know. Many thanks, Shahir Gobran, P.E., AICP Senior Transportation Analyst Transportation and Traffic Engineering City of Santa Ana Public Works Agency From: Mercer, Margaret Sent: Wednesday, August 29, 2007 3:35 PM To: Gobran, Shahir Subject: FW: QUESTION REGARDING INSURANCE.., Shahir, Here is Laura's response and I'm also including the attachments that I sent to her in the original e-mail. Margaret From: Sheedy, Laura Sent: Wednesday, August 29,20078:42 AM To: Mercer, Margaret Subject: RE: QUESTION REGARDING INSURANCE.., The agreement does call for professional liability insurance. The certificate was approved because what was included was approvable. That does not mean other required insurance is waived. I frequently get the different types of insurance on separate certificates. I do not hold up approval of one because another is insufficient. Thank you for checking. Laura From: Mercer, Margaret Sent: Tuesday, August 28,20079:46 AM To: Sheedy, Laura 8/30/2007