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HomeMy WebLinkAboutDANIEL BOYLE ENGINEERING-2006INSU~tANC~ ~~~ rJ,~ FIDE WORK MA`( NOT !~°RJCEE CLERK DF COI~NCIL DATE: g~~-a(c' ~? ; i~wv i4 Lam) ~ -~) CONSULTANT AGREEMENT A-2006-178 THIS AGREEMENT, made and entered into this 17`h day of July, 2006 by and between Daniel Boyle Engineering, 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"). RF.('iTAi.S A. The City desires to retain a consultant having special skill and knowledge in the field of water and sewer engineering. 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 provide design engineering services to prepare plans, specifications and cost estimates, assist in bid services and provide construction support for water and sewer improvement projects, on an as-needed basis, as set forth in its Proposal dated June 7, 2006, attached hereto as Exhibit A. The Executive Director of Public Works, (hereinafter "the Executive Director"), or his designee, will request a Scope of Work and Fee Proposal for each project. Consultant will submit a Proposal, which the Executive Director may accept, amend with the consent of Consultant, or decline. Consultant may commence work upon receipt of a written authorization executed by the Executive Director or his designee. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to any copyrightable material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, the Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers that (a) such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B "Cost and Price Analysis", as more specifically set forth in each Project Proposal submitted by Consultant. The total sum to be expended under this Agreement shall not exceed $300,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) 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. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City, its officers, employees, agents, representatives and volunteers, from and against any and all claims, demands, damages, losses, suits, judgments, liabilities, costs and expenses, including reasonable attorneys' fees (collectively "Claims"), to the extent such Claims are caused by the negligent act, error or omission of Consultant or Consultant's officers, directors, partners, employees or consultants in the performance of services under this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 220 S. Daisy Avenue, (M-85) Santa Ana, California 92703 telefacsimile (714) 647-3345 Attn: Water Resource Manager 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: Daniel Boyle Engineering 23231 South Pointe Drive, Suite 103 Laguna Hills, California 92653 Telefacsimile 949-768-2600 Attn: Thomas B. Hooker, Jr. P.E. A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, any 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 communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11 EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12 ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement maybe 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 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. 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: CITY OF S TA ANA /'-_' ~ __ _ , FzICIA E. HEALY DAVID N. REA Clerk of thF Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Laura Sheedy Assistant City Attorney City Manager DANIEL BOYLE ENGINEERING /~~ ~ HOMAS B. H KER, . P. . President Tax ID# C!'S - 37o cj'4'''f8 17HNIEL QOYLE EnGInEERING Consultiirg Engineers Public Works Agency City of Santa Ana 20 Civic Center Plaza, 4`h Floor (M-36) Santa Ana, CA 92702 ~ Attention: James R. Ross yed ~y' ~~ Executive Director Reece~yedFr°~~° ~ ~~ g R e~'~ s~"~,' City of Santa Ana, Public Works Agency Date' r,}y~;~~''`~ ~,:~- Proposal to Provide On-Call Engineering Design Servic~~rMBrr~~,ol~°`~ Water and Sewer Main Improvements Daniel Boyle Engineering, Inc. (DBE) is pleased to submit this proposal to provide on-call engineering design services for the water and sewer main improvements project. The project scope will require a team with extensive experience in designing water and sewer main improvements in the full range of conditions to be encountered across the diverse types of developments within the City. DBE offers afirst-rate project team with the qualifications, experience and availability to complete water and sewer improvements successfully over the proposed project timeframe. The benefits to the City in selecting DBE include: Project Understanding: The DBE Team understands the City's goals and the design parameters of the water and sewer main improvements project. We have the experience and foresight to present solutions for current and future water and sewer needs. Proven Record: The DBE Team offers the City knowledgeable and diverse professionals. These individuals have comprehensive backgrounds and proven records in providing similar services to water agencies throughout Southern California. Mr. Vernon Weisman, our Project Manager, along with our Project Engineer, Mr. David Youngblood, and our Designer, Mr. Khanh Nguyen, bring a combined 41 years of experience in water and sewer main improvements to the City's projects. The DBE Team is committed to delivering these benefits to the City for the completion of your project. Should you have any questions concerning oui please contact Tom Hooker at (949) 768-2600 ext. 114. DANIEL BOYLE ENGINEERING Gam--/ Thomas B. Hooker, J .E. President r f~ ~ ^ City of Santa Ana ~ ` On-Call Engineering Design Services for Tabl e of Contents Water and Sewer Main Improvements Introduction ~ Or anization 9 Pa e 9 1 Experience Overview Page 1 As-Needed Services Experience Page 1 ~ Pipeline Design Experience Page 1 Scope of Services Project Understanding Page 2 ;~ ~ Typical Scope of Work Page 2 '' Sample Work Plan Page 2-3 :~ :~ Estimated Labor Hours Page 3-4 "' : Project Team ~ :~ Organizational Chart Page 5 ~' Roles and Responsibilities Page 6 ~~ Subconsultants Pages 7-8 ;~ ;~ Sample Plans ~' Sample 1 Page 9 d Sample 2 Page 9 Samples on CDs following page 9 Contract and Insurance ~ Request for Proposal and Contract Page 10 ~ Insurance Requirements Page 10 Appendix ~ Resumes Project Abstracts -~ a ~ Daniel Boyle Engineering Table ofContents a ~~~~ ~~~'"'~' City of Santa Ana On-Call Engineering Design Services for Introduction Water and Sewer Main Improvements Organization Daniel Boyle Engineering, Inc. (DBE) is a California Corporation, established in 1980, incorporated in California in 1982. Our corporate office is located at 23231 South Pointe Drive, Suite 103, Laguna Hills, California 92653. All services proposed herein will be provided from this office by staff assigned to this office. Experience Overview DBE has provided a variety of civil engineering services to water agencies, departments and districts throughout southern California since 1980. Our Internet website at www.dboyle-eng.com provides an excellent overview of our firm and varied project experience. As-Needed Services Experience Daniel Boyle Engineering staff is very experienced in providing services under as- needed (on-call) agreements with public agencies. We currently have active as-needed services agreements with the following agencies, which we encourage you to contact as references. City of Brea Development Services Department 1 Civic & Cultural Center Brea, CA 92821-5732 Mr. John Hogan, P.E. (714) 990-7657 City of Long Beach, Water Department 1800 East Wardlow Road Long Beach, CA 90806 Mr. Robert Swain, P.E. (562) 570 2337 Pipeline Design Experience City of Carlsbad, Water Department 1635 Faraday Ave. Carlsbad, CA 92008 William E. Plummer, P.E. (760) 602-2720 Elsinore Valley Municipal Water District 31315 Chaney Street Lake Elsinore, CA 92531 Mr. Phillip M. Miller,. P.E. (909) 674-3146 We routinely design pipelines for public agencies under the standard RFP and proposal process. The following are agencies for which we have pipeline design projects underway, under construction or recently completed. City of Laguna Beach 505 Forest Avenue Laguna Beach, CA 92651 Mr. Fred Shahidi (949) 497-0345 South Coast Water District 31592 West Street Laguna Beach, CA 92651 Mr. Mike Dunbar, PE (949) 499-4555 City of Long Beach, Water Department 1800 East Wardlow Road Long Beach, CA 90806 Mr. Robert Swain, PE (562) 570 2337 Moulton Niguel Water District 27500 La Paz Road Laguna Niguel, CA 92677 Mr. Tom Stephenson, PE (949) 425-3553 Coast Community College District 1370 Adams Avenue Costa Mesa, CA 92626 Ms. Ardith Richey (714) 438-4673 El Toro Water District 24251 Los Alison Blvd. Lake Forest, CA 92630 Mr. Dennis Lafferty, PE (949) 837-7050 Daniel Boyle Engineering Introduction - 1 ~;-~ City of Santa Ana ':-: On-Call Engineering Design Services for Water and Sewer Main Improvements Project Understanding Scope of Services Water distribution system pipeline replacement projects can vary widely in complexity and challenges. Even the most straight forward replacement requires attention to detail and knowledgeable consideration of impacts on the local community and customers served by the pipeline. Our staff has great expertise and proven success in all levels of pipeline replacements. An on-call or as-needed contract for services should not be open an ended, time and materials assignment. We fully support a contracting methodology that firmly establishes specific goals and budgets for every task. It is of primary importance to us that we understand the client's expectations so that we can meet or better them for every task we execute. Typical Scope of Work The city provided Exhibit "B", a three page Typical Scope of Work with the May 10, 2006 Request for Proposal. We are incorporating that scope within our proposal by this reference so as to not use valuable space with in out proposal repeating the information. Exhibit "B" provides a good outline of the tasks that, to one extent or another, will be included in almost any pipeline replacement project. We do not take any exceptions to the Typical Scope of Work. Sample Work Plan The City provided a sample project entitled Rene Drive Neighborhood Water Main Improvements. This project consists of replacing existing water mains totaling approximately 3,000 lineal feet with new 8-inch C-900 PVC. From inspection of available mapping and on-site observations, we have determined that the project will consist of approximately the following 10 construction drawing sheets: Sheet 1 Title sheet with location map and signatures Sheet 2 Site plan, sheet index and notes Sh~3 Abbreviations and Miscellaneous Sheet 4 Rene Drive: 9801f, 1 plan sheet (1"=20', 2 plan strips) Sheet 5 San Lorenzo Avenue: 7881f, 1 plan sheet (1 "=20', 2 plan strips) Sheet 6 a. Rita Way: SOS lf, 1/2 plan sheet (1"=20', 1 plan strip) ~~' b. Spruce Street: 505 lf, 1/2 plan sheet (1"=20', 1 plan strip) Sheet 7 Pacific Avenue: 505 lf, 1/2 plan sheet (1"=20', 1 plan strip) ~` Sheet 8 Typical Details Sheet 9 Traffic Control Plans and Notes - Segerstrom Avenue /`~ Sheet 10 Traffic Control Plans - Segerstrom Avenue and Rita Way /~ Our work plan begins during preparation of our proposal or task order. We begin by gathering as much data about the project as is readily available. Then the proposed project manager and/or engineer performs an initial field visit to the site with camera and clip board in-hand. Many times we find that a client has not had an opportunity to visit the site or has not been there recently. We believe it is incumbent upon the consultant to Daniel Boyle Engineering Scope of Services - ~ -~ ~, City of Santa Ana ' *~° '', , ~~!!~~s~l~ii~ On-Call Engineering Design Services for rriaat~i Water and Sewer Main Improvemenu `~~~ Scope of Services do their homework during the proposal phase so that they fully understand the project. On some occasions it may be necessary and beneficial to help the client understand the intricacies of a particular project or site. The success of a project is dependant upon the consultant and client being fully informed with regards to the project characteristics, challenges and goals. Additionally, this allows us to be fully prepared for the project kickoff meeting. We will prepare an agenda for the kickoff meeting and, if the client desires, provide them with a draft in advance for review and comments. We will also have recent photographs and first hand knowledge of the site. We made the following observations from our site visit to the Rene Drive Neighborhood: 1. Rene Drive, Spruce Street and Pacific Avenue all end as cul-de-sacs just northerly of Segerstrom Avenue, separated from the roadway in Segerstrom by sidewalk, wood/masonry wall and landscaping. The waterlines in these streets continue through the cul-de-sac and are connected to the line in Segerstrom. Project research will include verifying that pipelines are located within easements between the neighborhood streets and Segerstrom. Z. The neighborhood streets appear to be typical of residential neighborhoods in the area. Traffic control plans are not expected to be required for construction in these streets. 3. Rita Way intersects with Segerstrom Avenue and is more heavily traveled than the other neighbor streets. Traffic control plans for the intersection of Segerstrom Ave. and Rita Way are recommended. 4. Traffic on Segerstrom Avenue is heavy at times; traffic control plans are recommended for construction in this street. 5. No evidence of major interfering utilities was noted during the field walk. The streets all had little slope or grade and were of a consistent cross section and alignment. Profiles of the pipelines will not be required for construction. 6. Aerial topography is not required for design and preparation of construction plans for water line replacement in this neighborhood. Base maps can be prepared from GIS data, improvement plans, field data and other available mapping sources. Estimated Labor Hours Using the above assumptions and applying the Scope of Work to this sample project, we have prepared an estimate of labor hours to complete the scope of service which is included on the following page. Daniel Boyle Engineering Scope ofServices - 3 Looking south at the southerly end of Pacific Ave. Looking east on Segerstrom Ave. at intereeection w/Spruce St. x> ., ~ -, City of Santa Ana On-Call Engineering Design Services for Water and Sewer Main Improvements Rene Drive Neighborhood Water Main Improvements Estimated Labor Hours .: ~~~ . ~ . ~ TASK N0.1 -PRELIMINARY DESIGN 1.1 Pro'ect Kickoff and Initial Meetin 2 2 4 1.2 ~DataGatherin 4 4 ~ 8 1.3 Utility Research 4 4 8 1.4 Potholing (Not required for this project) 1.5 Plans and S cifications (Included in Task 1-9) 1.6 Desi n 'Surve " (See Note 3) 4 I 4 8 1.7 Prepare Base Maps 16 8 24 _ 1.8 lAlignment5election 4 4 8 1.9 Prepare Preliminary Plans 4 8 16 28 1.10 Preliminary Plan Submittal 1 4 5 i Subtotal TaskNo.1 3 18 24 40 8 93 TASK N0.2 -FINAL DESIGN 2.1 Construction Plans to 90%& 100% 2 8 16 8 8 42 2.2 Su lemental Provisions 1 6 7 23 Quanti and Cost Estimate 1 4 4 9 2.4 90%and 100%Reviews 3 4 2 2 11 2.5 Provide Deliverables 1 ~ 1 ,. 2 2.6 ~ ~ Desi n Phase Meetin s 4 4 8 2J 1 Prepare Record Drawings in CAD 1 2 4 7 2.8 ~ Si nand Seal M ars 1 1 2 Subtotal Task No. 2 12 ~ 28 21 12 15 88 f TASK N0.3 -BID PHASE SERVICES 3.1 Res nd to RFC's Burin biddin 1 4 5 3.2 {Issue Addenda if necessa 1 4 4 4 13 t Subtotal Task No. 3 2 8 4 ~ 4 0 18 i i TASK N0.4 -CONSTRUCTION SUPPORT 4.1 Attend Pre and Post Construction Meetin s 2 ~ 6 ` 8 4.2 Res and to RFI's 2 4 4 I 10 ~ Subtotal Task No. 4 4 ~ 10 4 ~ 0 0 18 i Total Estimated Hours and Fee 21 64 53 ~ 56 23 217 In-House Staff P.E.- Principal Engineer (Vernon Weisman) 'S.E. I -Senior Engineer (David Youngblood) Ast Eng II -Assistant Engineer II (Khanh Nguyen) Sr. Dsnr II -Senior Designer II (John Kaneshiro) Dsnr-Designer (Bill Kuenne) 1. All above tasks are as stated in Exhibit "B" of the RFP 2. Traffic control plans not included, can be provided as additional work per Exhibit "B', page 11 of RFP if requested by City. 3. Design "survey' for this project performed by design staff 4. No subconsultant services required for the scope of this project 5. Traffic control plans not included, can be provided as additional work per Exhibit "B", page 11 of RFP if requested by City. < t~ l`~ J (u` J Scope of Services - 4 -a ~, ~' I ;: City of Santa Ana ~~ On-Call Engineering Design Services for ®Water and Sewer Main Improvements r-a Organizational Chart Project Team Daniel Boyle Engineering Project Team - 5 City of Santa Ana On-Call Engineering Design Services for Water and Sewer Main Improvements Roles and Responsibilities Project Team All services and staff will be provided from our Laguna Hills, California office. Our proposed project team will be provided as described below without substitution, revision or change for the duration of the project, unless agreed upon by the City. The proposed team members combined have 41 years of experience in similar pipeline designs and have been with DBE and worked together on numerous projects. Complete staff resumes are included in the Appendix. Vernon R. Weisman, PE -Project Manager (Laguna Hills Office) Mr. Weisman will be the project manager and prime contact for this project. His qualifications include 24 years of experience in the planning, design, analysis, and construction of domestic and recycled water transmission, distribution, pumping and storage systems, as well as stormwater and sanitary sewer collection, transmission, and pumping facilities. He has prepared a wide variety of planning and design reports, specifications, and construction plans for stormwater, sewer, sewage treatment, domestic water, and reclaimed water facilities. Mr. Weisman also has experience in construction management of pipeline and pump station projects. Mr. Weisman will be the main contact for all projects. He can be reached by telephone at (949) 768-2600 ext. 121, or via a-mail at Weisman@dboyle-eng.com. David A. Youngblood, PE -Project Engineer (Laguna Hills Office) Mr. Youngblood will serve as our project engineer for this project. He has 10 years of experience in the planning, design, and construction of water and wastewater projects. His project experience includes water and recycled water pipeline design, computer modeling of water distribution systems and sewer collection systems, wastewater flow metering systems, industrial wastewater projects, pump station design and construction, wastewater treatment plant evaluation, and reservoir improvement projects. KhanhT. Nguyen, EIT-Project Designer (Laguna Hills Office) Mr. Nguyen will serve as our Project Designer. Mr. Nguyen has over 7 years of experience in the planning and design of water, recycled water and wastewater pipeline projects. Mr. Nguyen's experience includes a variety of computer network modeling projects, pipeline design and hydraulic analysis projects. The pipeline design projects he has been involved with include pipeline alignments and profiles for domestic water, reclaimed water and sewer lines. The projects encompass designs for RCP, PVC, Ductile Iron and CML&C steel pipe ranging from 6-inch diameter to 30-inch diameter. Daniel Boyle Engineering Project Team - 6 -~ ~; ,~, ,: - City of Santa Ana P~ ~ ~' On-Call Engineering Design Services for Water and Sewer Main Improvements ~~ ~ Subconsultants Project Team Daniel Boyle Engineering has built a great working relationship with a select group of subconsultants who have demonstrated their expertise, teamwork, ability to meet schedules and reasonableness of fees over numerous projects. For this assignment, when conditions are warranted, we proposed to use one or more of the following: Bush and Associates -Survey/Mapping Bush & Associates, Inc. was established in 1983 and is a general land survey firm providing services to both public and private sector clientele. DBE has utilized Bush & Associates exclusively for project related survey since 1988. They have extensive experience in municipal public works projects for many public agencies in the Southern California region. David A. Bush is President of Bush & Associates, Inc. and has more than 16 years of experience as a land surveyor in California. He has conducted numerous design and construction surveys for reservoirs, pipelines, street improvements of major thoroughfares, park and recreation building improvements, and bridges. He also has extensive experience in boundary analysis, subdivision preparation, and legal descriptions. SAF-r-DIG -Potholing SAF-r-DIG®is a California state-certified "Small Business" (OSBCR #11159), a County of Los Angeles Office ofAffirmative Action Compliance CBE (Community Business Enterprise) Program I.D. #81451, Status: WBE (100% woman owned business) with State of California Contractors license #712492 General Engineering (Class A) with Hazardous Substances Removal and Remedial Actions Certification and Arizona State License #108545 (L-OS) Utility Locating services performed by certified professional employees. Their corporate office, located in Palm Desert, California, serves the western United States. SAF-r-DIG® specializes in obtaining accurate subsurface utility information for creating utility base maps. The method used is non-destructive, minimally invasive, air/hydro/vacuum process which exposes the utility for visual verification, identification, inspection, measurements and recordation of the data for subsequent creation of the infrastructure and utility base maps. SAF-r--DIG® immediately restores the affected area to its original condition to the extent that it is sometimes difficult to tell that the task was performed. Hence the slogan, "performed with surgical skill". Traffic Control Engineering, Inc. -Traffic Control Traffic Control Engineering, Inc. will provide traffic control plan design for the DBE Project Team. Mr. David Kuan, P.E., Principal of the firm Traffic Control Engineering, Inc., has had extensive working experience with both public and private sectors. The firm since its inception has prepared traffic control plans for hundreds of different projects, ranging from street improvements, storm drains, sewer lines, water/recycled water pipelines, drilling excavations, raised median landscaping, bus bays, oil pipelines, sound walls, freeway widening, utility pipelines, fiber optic conduits, bike ride design and special event planning. Traffic Control Engineering, Inc. is a certified MBE with Daniel Boyle Engineering Project Team-7 City of Santa Ana ~E` On-Call Engineering Design Services for ® Water and Sewer Main Improvements Project Team Caltrans, City of Los Angeles and the City of San Diego. The firm has prepared traffic control plans for Caltrans as well as various cities, counties, water districts and private contractors throughout Southern California. Experience in the traffic engineering profession and familiarity with governmental agencies allows the coordination of contractors and governmental activities in the most cost effective and time efficient manner. R2H Engineering, Inc. (R2H) -Structural Engineering R2H Engineering, Ina (R2H) is a structural engineering firm with offices in San Diego, Las Vegas, and Salt Lake City. The firm is led by Robert H. Hendershot who established Robert Hendershot Associates, Inc. in 1973 and R2H Engineering, Inc. in 1993. R2H is a certified MBE/DBE small business, specializing in the design of structural systems for civil and architectural projects. R2H projects range from minor rehabilitations to major new structures, and from feasibility studies to installations exceeding $100 million in construction costs. R2H engineers are knowledgeable in current design codes, construction methods and materials applicable for the successful completion of facilities and structures of all types. Projects designed by R2H engineers have included structures constructed of concrete, prestressed concrete, steel, masonry, wood and structural plastics. The firm has extensive design experience with reservoirs, pumping stations, retention structures and treatment plants. Moraes/Pham & Associate -Electrical and Controls Moraes/Pham & Associates, an MBE certified small business, will provide electrical, instrumentation and controls, HVAC and security system engineering for the project. Mr. Moraes is a California registered electrical engineer specialized in the design of electrical and controls systems for water and wastewater facilities, such as reservoirs, pumping stations, sanitary lift stations, PRV stations, wells, and treatment plants. In the past five years he has designed over 100 such projects for 43 southern California municipal end users. With his wealth of experience and continuous design activity, Mr. Moraes maintains proficiency in state of the art solutions to complex designs involving pumping systems, generators, variable frequency drives, PLC's, and SCADA systems. Mr. Moraes has prepared electrical plans for several 1RWD facilities in the past including reservoirs, lift stations and valve vaults. Daniel Boyle Engineering Project Team - 8 City of Santa Ana '~ On-Call Engineering Design Services for Water and Sewer Main Improvements -~ Sample Plans We are providing two samples of recent pipeline designs completed by members of our proposed project team. These projects are representative of our pipeline design projects. We have submitted them in digital "pdfl' format on compact disk (CD), one project per CD, for your convenience. Instructions for reading them are printed on the CDs. Sample 1 Sample 1 is the Sewer Line Reconstruction Fiscal Year 2004/05 project for the City of Laguna Beach. It consists of 26 small replacement projects that were consolidated into one set of contract documents for bidding and award as one construction contract. The bidding documents were distributed to prospective contractors on CD similar to the one enclosed. Construction of this project has recently been completed. Key Personnel: Project Manager: Joe Boyle, PE Project Engineer: Vernon Weisman, PE Designer: Khanh Nguyen, EIT Project Highlights: 6,500 LF of 6-Inch through 15-Inch Sewers Gravity Sewer and Force Mains Cured-in-Place Pipe (CIPP) Rehabilitation of Gravity Sewer and Force Mains Dig and Replacement of Gravity Sewer and Force Mains Construction in Pacific Coast Highway and Highway 133 (Caltrans Permitting) Construction on Crescent Bay Beach Sewer Replacements in Easements between Homes on Steep Hillsides Sample 2 Sample 2 is the 2004-2005 Water Main Replacement project for the City of Manhattan Beach, California. This project is currently under design, the plans provided on the 2nd CD are at 100% level of completion. This sample provides an excellent example of small diameter water pipeline replacement plans prepared by our proposed design team. Key Personnel: Project Manager: Joe Boyle, PE Technical Review: Vernon Weisman, PE Project Engineer: Dave Youngblood, PE Project Highlights: 4,000 LF of 6-Inch and 8-Inch DIP Replacement Water Mains Construction in Narrow, Residential Streets in Beach Community Daniel Boyle Engineering Sample Plans - 9 City of Santa Ana '' On-CallEngineering Design Services for Contract and Insurance ® Water and Sewer Main Improvements Request for Proposal and Contract We have cazefully reviewed the complete Request for Proposal and sample Consultant Agreement dated May 10, 2006. By this reference we herein incorporate the RFP in its entirety (pages 1 through 25) into our proposal, including the Consultant Agreement, with the exceptions as noted below. Contract Exceptions Section 6 (page 15) Indemnification: Lines 4 and 5 contain the language "...which may arise from the direct or indirect operations of Consultant...." We do not understand exactly what this means, however, it appears to extend the indemnification beyond the limits of services provided for this project. The last part of this section deals with indemnification of the City by the Consultant for the City's Agreement, which does not seem reasonable. We propose that Section 6 be replaced with language that provides for indemnification appropriate to the services to be provided. We suggest the following: "To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the Client from and against any and all claims, demands, damages, losses, suits, judgments, liabilities, costs and expenses, including reasonable attorneys' fees (collectively "Claims"), but only to the extent such Claims are found, on a comparative basis of fault, to be caused by any negligent act, error or omission of consultant or Consultant's officers, directors, partners, employees, or consultants in the performance of services under this Agreement." Insurance Requirements We have reviewed the Insurance Requirements as set forth in the RFP and Consulting Agreement. We are prepared to meet the terms thereof and take no exceptions. Non Collusion Declaration Daniel Boyle Engineering, Inc. declares that the only person, persons, company or parties interested in this proposal as principals aze named herein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal, Thomas B. Hooker, Jr. president, is fully authorized to legally bind DBE in all matters. Proposal Submitted by: DANIEL BOYLE ENGINEERING, INC. Thomas B. Hooker, Jr. P.E., President Date Daniel Boyle Engineering Contract and Insurance - 10 17~inIEL BOYLI ENGINEERING Consulting Engineers Public Works Agency City of Santa Ana 20 Civic Center Plaza, 4`h Floor (M-36) Santa Ana, CA 92702 Attention: James R. Ross Executive Director City of Santa Ana, Public Works Agency Proposal to Provide On-Call Engineering Design Services for Water and Sewer Main Improvements We are transmitting herein 2 copies of our Cost and Price Analysis (cost proposal) for the Rene Drive Neighborhood Water Main Improvements sample project. Our estimated hours and fee by task and labor classification is attached as Table 1 and our standard hourly rates as Table 2. We propose to provide engineering services to complete the Scope of Services as stated in our June 7, 2006 proposal on an hourly basis with the total fee not to exceed that shown in the attached table. Our proposal represents a firm offer for information, do not hesitate to contact us. DANIEL BOYLE ENGINEERING \~~~2~i~ Thomas B. Hooker, Jr. P.E. President require further 23231 South Pointe Drive Suite 103 Laguna Hills CA 92653 (949) 768-2600 Fax (949) 586-5188 www.dboyle-eng.com TABLE 2 HOURLY RATE SCHEDULE FOR SERVICES BY DANIEL BOYLE ENGINEERING March 1, 2006 CLASSIFICATION RII I IAI(_ DATC Managing Engineer ......................................................................... $163.00 per hour Principal Engineer .................................................................... .......$148.00 per hour Senior Engineer II ..................................................................... .......$133.00 per hour Senior Engineer I ...................................................................... .......$123.00 per hour Senior Engineer ........................................................................ .......$112.00 per hour Associate Engineer II ................................................................ .......$104.00 per hour Associate Engineer I ................................................................. ....... $100.00 per hour Senior Assistant Engineer .................................................................. $91.00 per hour Assistant Engineer II .......................................................................... $87.00 per hour Assistant Engineer 1 ........................................................................... $78.00 per hour Construction Representative .............................................................. $86.00 per hour Senior Designer II .............................................................................. $97.00 per hour Senior Designer I ...............................................................................$89.00 per hour Designer ............................................................................................$79.00 per hour CAD /Drafter II ................................................................................. $71.00 per hour CAD / Drafter I .......................................................................... ........ $60.00 per hour Intern /Aide ............................................................................. ........ $48.00 per hour Word Processor ......................................................................... ........ $63.00 per hour Color Exhibit Plotting ............................................................... ........2.25 per sq. foot Mylar Plotting ........................................................................... ........3.40 per sq. foot Other Supplies & Outside Services .......................................... Actual Cost Plus 10% Subconsultants .......................................................................... Actual Cost Plus 10% Preparation for Testimony, Deposition, Court Appearance, Expert Witness ............................................... $275.00 per hour 4 Hour Minimum, Plus Expenses It is agreed that the above rates and charges include normal clerical services (excluding word processing), auto travel, equipment and materials used in connection with providing our engineering services, except as noted above or within our written proposal or agreement. Monthly billings will be furnished for all services rendered. Payments shall be due and payable upon presentation of invoices. All rates are effective until March 1, 2007. Services provided after that date will be billed using the March 1, 2007 Standard Hourly Rate Schedule unless otherwise agreed upon in writing. ~,~ ,Y City of Santa Ana On{ail Engineering Design Services for Water and Sewer Main Improvements TABLE 1 City of Santa Ana Rene Drive Neighborhood Water Main Improvements Estimated Labor Hours and Fees .: TASK N0.1-PRELIMINARY DESIGN t.t 'Pro'edKickoffandlnitialMeetin 2 2 4 $542 $542 1.2 :Data Gathering 4 4 , 8 $840 $250 $1,090 1.3 ~UtilityResearch 4 4 8 $736 $736 1.4 j Potholing (Not required for this project) 1.5 Plans and 5 ecifications (Included in Task 7-9) I 1.6 Desi n "Surve " (See Note 3) i 4 ~ 4 8 $736 $736 1.7 Prepare Base Maps 16 8 24 $2,184 $2,184 1.8 ~AlignmentSeledion 4 4 j 8 $840 $840 1.9 Prepare Preliminary Plans 4 8 I 16 28 $2,740 $2,740 1.10 ;Preliminary Plan Submittal t 4 ~ 5 $640 $640 Subtotal Task No.1 3 18 I 24 ~ 40 8 ( 93 $9,258 ~ $250 $9,508 i ~ ~ I TASK N0.2 -FINAL DESIGN 2.1 iConstructionPlansto90%&100% 2 8 ~ 16 8 8 42 $4,080 $4,080 2.2 !Su IementalProvisions 1 6 7 $886 $886 2.3 Quantl and Cost Estimate 1 4 4 9 $988 5988 2.4 ~90%and 100%Reviews 3 4 2 2 71 $1,288 51,288 2S IProvideDeliverables 1 1 2 $166 $200 $366 2.6 :;Desi nPhaseMeetin s 4 4 ~ 8 $1,084 $1,084 2.7 ':Pre are Record Drawin sin CAD ~ 1 2 4 7 $633 $633 2.8 ' Si nand Seal M lars 1 ~ 1 ~ ~ 2 $271 5271 Subtotal Task No. 2 12 I 28 21 ~ 12 ~ 15 88 $9,396 ~ 5200 59,596 TASK N0.3 -BID PHASE SERVICES ! f 3.1 :Res nd to RFC's Burin biddin 1 4 I 5 $640 $640 3.2 'Issue Addenda ifnecessa 1 4 ~ 4 ' 4 13 $1,376 $100 $1,476 Subtotal TaskNo.3 2 ~ 8 ! 4 ? 4 ~ ~ 0 I 18 52,016) 5100 $2,116 ~ I i TASKN0.4-CONSTRUCTION SUPPORT ~ ~ I $0 4.1 Attend Pre and Post Construction Meetin s 2 I 6 ~ 8 $1,034 $7,034 4.2 !Res ondtoRFl's 2 t 4 4 10 $1,736 51,136 Subtotal TaskNo.4 4 10 4 I 0 ~ 0 18 $2,170 SO $2,170 ~ ~ ' I j Total Estimated Hours and Fee 21 ~ 64 ~ 53 ~ 56 f 23 I 217 $22,8401 $550 $23,390 TOTAL NOT TO EXCEED FEE _ $23,390 In-House Staff P.E. -Principal Engineer Nemon Weisman) S.E.1-Senior Engineer (David Youngblood) Ast Eng II -Assistant Engineer II (Khanh Nguyen) Sr. Dsnr II -Senior Designer II (John Kaneshiro) All above tasks are as stated in Exhibit "B" of the RFP 12. Plan sheets are as shown in Scope of Services section of our proposal 3. Design "survey" for this project pertortned by design staff 4. No subconsultard services required for the scope of this project 5. Traffic control plaru not included, can be provided as additional ~1HRH hllb rogal & hobbs' Hilb Rogal & Hobbs Professional Practice Insurance Brokers, Inc. August 18, 2006 The City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 RE: Daniel Boyle Engineering, Inc. Ladies and Gentlemen: This is in reply to your request for the City's Additional Insured endorsement to be completed and attached to the referenced insured's certificate of insurance. We cannot issue this Additional Insured endorsement form as our insurance carrier St. Paul and their group of insurance companies: • Fidelity & Guaranty Insurance Company • Fidelity & Guaranty Insurance Underwriters • United States Fidelity 8 Guaranty Company • St. Paul Fire & Marine Insurance Company Are non-ISO companies and use a customized form, which has been filed and approved by the California Department of Insurance. Please note that a Design Professionals' (architect, engineer, land surveyor) "work" or "completed operation" is their "design" and as such is covered under the Professional Liability policy. If you have any questions or concerns, please call me at 1-800-705-7742 x 124. Regards, Sherry 2'oung Sherry Young Account Manager 1sy 2030 Main Street Suite 350 Irvine, CA 92614 !)i 949-729-0777 949-729-0770 ~ www.hrh.com License # 0641361 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative Client: 6415 lOY ACORD,„ CERTIFICATE OF LIABILITY INSURANCE Dm) 08103/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers, Inc. HOLDER. THIS -CERTIFICATE DOES NOT AMEND, EXTEND OR 2030 M i S ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. a n treet, Suite 350 Irvine, CA 92614-7248 INSURERS AFFORDING COVERAGE INSURED Daniel B l E i i I INSURER A: United States Fidelity ~ GUaranty CO oy e ng neer ng, nc. 23231 S th P i t D #103 INSURER e: St. Paul Protective Insurance Co. ou o n e r La una Hills CA 92653 INSURER C: Fidelity and Guaranty Insurance Comp g , ~ .'~ ~/ I/ {nf ~ / ~ ~ INSURER D: / { { ~ ~ ~(~t/l(/ / t/ INSURER E: GVV THE POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED Oft 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 BV PAID CLAIMS. INER LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE TE MMIDO POLICY EXPIRATION DAT MMIDD LIMITS A GENERAWABILITY BK01606578 12101/05 12/01/06 EACH OCCURRENCE x1000 DDD X COMM ERCU.L GENERAL LIABILRV FIRE DAMAGE (Any one fra) 81 DDD OOO CLAIMS MADE OCCUR MED EXP (Any one person) $1D QDD PERSONALBADV INJURY E1 DDD DDD GENERAL AGGREGATE E2 DDD DDD GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OP AGG $2 DDD DDD POUCV X PRO- T LOC C AU TOMOBILE LIABILITY BA02165679 12/01/05 12/01/06 X ANV AUTO COMBINED SINGLE LIMIT (Ea acGden[) $1,000,000 ALL OWNED AUTOS e001LV INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS '~ £~~ ~ / BODILY INJURY E X NON-OWNED AUTOS E~ l l ,+ (Per accident) r' PROPERTY DAMAGE $ ~, 1 ~. (Per eccitlent) GARAGE LIABILRY AUTO ONLY-EA ACCIDENT $ ANY AUTO u EA ACC m'pn. l m OTHER THAN b ~t , , rp, , . ,~ „s k M. AUTO ONLY: AGG $ A EXCESS LIABILITY BKD16D6$7$ 12/D1/0$ 12/01/06 EACH OCCURRENCE SI DDD DDD X OCCUR ~ CLAIMS MADE AGGREGATE $1 DDD DDD 8 DEDUCTIBLE E RETENTION E $ B WORKERS COMPENSATION AND BWO214$O99 O9/O1/OS O9IO1/O6 X WC STATU- OTH- EMPLOYERS' VABILRY M E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE-EA EMPLOYEE E1,000,OOO E.L. DISEASE -POLICY LIMIT E1,000 DDD OTHER ~~ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLEEIEXCLUBIONS ADDED BY EHDORBEMENT/SPECIAL PROVISIONS ON-CALL ENGINEERING DESIGN SERVICES FOR WATER & SEWER MAIN REPLACEMENT PROJECTS, DBEI JOB #534-101-00. CITY OF SANTA ANA ITS OFFICERS EMPLOYEES AGENTS VOLUNTEERS & REPRESENTATIVES ARE NAMED AS ADD'L INSDS & PRIMARY CLAUSE APPLIES ON GEN LIAB POLICY-SEE ATTACHED ENDORSEMENT CITY OF SANTA ANA PUBLIC WORKS AGENCY WATER RESOURCES DIVISION ATTN: MR. CESAR E. BARRERA 220 S DAISY AVE (M-85) ACORD 25-S (7/97)1 of 2 #362659 SHOULD ANVOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WnI,X~$(1FJEXftX TO MAIL 30-DAYS WRnTEN NOTICE TOTHE CERTIFICATE HOLD ER NAMED TO THE LEFT,J(j[~~K ACORD CORPORATION 'I RRR Policy Number: BK01606578 Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT Additional Insured: CITY OF SANTA ANA ITS OFFICERS EMPLOYEES AGENTS VOLUNTEERS & " REPRSENTATIVES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following replaces the final paragraph of SECTION II. (b) The negligence of another person or WHO IS AN INSURED, 1.: organization far whom you are liable; However, no person or organization is an insured with (2) "Bodily injury", "property damage", "personal respect to the conduct of any current or past injury" or "advertising injury" for which such partnership, joint venture, limited liability company or person or organization has assumed liability trust that is not shown as a Named Insured in the in a contract or agreement, except for liability liability Coverage Part Declarations. This provision for damages that such person or organization does not apply to you, for your participation in any past would have in the absence of the contract or or present "unnamed joint venture", or if that person or agreement; organization is otherwise an insured under Paragraph 2. below. (3) "Property damage° to: 2. The following is added to SECTION II. WHO IS AN (a) Property owned, used or occupied by, or INSURED, 2.: loaned or rented to, such person or organization; Person Or Organization Required By Written Contract (b) Property over which such person or organization is for any purpose Any person or organization that you agree to add exercising physical control; or as an insured under this Liability Coverage Part in a written contract or agreement that is made (c) "Your work" performed for the insured; ~V before, and in effect when, the "bodily injury" or or "property damage" occurs or the offense that ~ ~ causes the "personal injury" or "advertising injury" (4) "Bodily injury", "property damage", "personal is first committed, but only with respell to that injury" or "advertising injury" arising out of any person's or organization's liability arising out of architect's, engineer's or surveyor's rendering "your work" for that person or organization. of, or failure to render, any "professional service", when such person or organization is However, such person or organization is not an an architect, engineer or surveyor. insured with respect to any: 3. The following is added to SECTION II. WHO IS AN (1) "Bodily injury", "property damage", "personal INSURED: injury" or "advertising injury" that does not arise out of: "Unnamed Joint Venture" (a) Your negligence; or You are an insured for your participation in any past or present "unnamed joint venture". CVBF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Page 1 of 2 permission. Copyright, Insurance Services Offce, Inc. 2001 However, you are not an insured if the "unnamed joint venture" has: a. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed joint venture" is an insured. 4. The following replaces SECTION III. LIMITS OF LIABILITY, 2. b.: b. Will apply sepatately to the sum of all: (1) Damages because of "bodily injury' and "property damage", under SECTION 1. COVERAGE, A. Liability above; and (2) Medical payments for "bodily injury°, under SECTION 1. COVERAGE, B. Medical Payments above; arising out of each location listed in the Schedule of Premises or each of "your projects"; and 5. 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 II. WHO IS AN INSURED, 2.: 6. The following is added to SECTION IV. CONDITIONS, 5. "Other Insurance", b. Excess Insurance: This insurance is excess over any "other insurance" whether primary, excess, contingent or on any other basis that is available to you for your participation in any past or present "unnamed joint venture". 7. The following is added to SECTION IV. CONDITIONS, S. Transfer Of Rights of Recovery And Proceeds Against Others To Us: 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 the Paragraph Person Or Organization Required By Written Contract of SECTION II. 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 "produils- completed operations hazard"; and b. Performed under a written contrail 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 contrail or agreement to waive those rights of recovery and proceeds for such person or organization. 8. The following are added to SECTION V. DEFINITIONS: \ (a) Paragraph h. Certain Additional Insureds By Contract or Agreement; "Unnamed joint venture" means any joint venture in or which you are a member or partner where: (b) Persons Or Organizations Required a. Each and every one of your co-ventures in that By Written Contract; joint venture is an architectural, engineering or ~ surveying firm; and ~~ if you specifcally agree, in that written contract or agreement, that this insurance b. That joint venture is not named in the Liability must be primary to, and non-contributory Coverage Part Declarations. with, such "other insurance". This insurance "Your premises" means any premises, site, or location will then be applied as primary insurance for owned or occupied by, or rented to, you. damages for "bodily injury", "property damage", "personal injury" or "advertising "Your project": injury" to which this insurance applies and that are incurred by such person or a. Means any premises, site or location at, on, or in organization, and we will not share those which "your work" is not yet completed; and damages with such "other insurance". b. Does not include "your premises" or any location listed in the Schedule of Premises. CL/BF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Page 2 of 2 permission. Copyright, Insurance Services Office, Inc. 2001 AGORD CERTIFICATE -F LIABILITY INSURANCE DSR JL DATE (MMIDOIYYYY) BOYLE-1 08/03/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION InsPro- (A&E) - ---- Branch 3 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Hox 2340 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sunnyvale CA 94087-0340 Phone: 406-241-0014 Fax:408-241-0037 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: COn tlnental Casualty Co. INSURER B'. Daniel Bo le Engineering, ~ Inc . ~ INSURER C. 23231 Sou h Pointe Drive #103 Laguna Hills CA 92653 INSURER D: I _,__ INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV 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 MAV HAVE BEEN REDUCED BV PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDMI POLICY EXPIRATION PATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ I PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER' PRO- PRODUCTS-COMPIOP AGG $ POLICY JECT LOC AU TOMOBILE LIABILITY ^ ~ COMBINED SINGLE LIMIT $ ANV AUTO ~~ y~ G ^y° f'9 ~ (Ea accitlenq ALL OWNED AUTOS R- ~ t` E'°"G - BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS ~~~ ~ ~~~~~ BODILY INJURY $ NON-OWNED AUTOS (Per accidenp f ~~ ' ~ ~ ~ _ -----~ ~ -_ a +[ E ~e ~ PROPERTY DAMAGE $ ~ . - (Per accident) GARAGE LIABILITY AUTO ONLY ~ EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY'. qGG 8 E%CESS/UMBRELLA LIABILITY EACH OCCURRENCE $ A OCCUR ^ CLAIMS MADE AGGREGATE $ ( $ DEDUCTIBLE _ $ RETENTION $ I $ WORKERS COMPENSATION AND A - H- ! EMPLOVERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFIC E.L. EACH ACCIDENT I __ $ ER/MEMBER EXCLUDEDP If yes, describe under E.L. DISEASE - EA EMPLOYEE $ SPECIAL PROVISIONG below E.L. DISEASE-POLICY LIMIT $ OTHER A PROFESSIONAL AEA 11-375-45-38 01/07/06 01/07/07 PER CLAZM $1,000 000 , LIABILITY AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS All professional services of the insured including but not limited to the following project: DBIE Job No. 534-101-00 On-Call Engineering Design Services for Water and Sewer Main Replacement Projects rveriv,n„r~ ,,..~ .. ~.. SANT-6S SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Clty o£ Santa Ana GATE THEREOF, THE ISSUING INSURER WILL BSRlEX9'OTY.7~MAIL 3O DAYS WRITTEN Pub11C WOrks D1 ViS10n Attn: Mr. Cesar Barrera NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 220 South Daisy Avenue (M-85) IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTB OR Santa Ana CA 92703 REPRESENTATIVES. AUTXORIZED REPRESENTATIVE ~ ~ J ACORD ' ames Lohmann 25 (2007/06) ©ACORD CORPORATION 1988 Client: 6184 PSOMAS ACORDr CERTIFICA OF LIABI LITY INSU CE DALE IMM/DD/YY) M 10/11/06 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 HOLDE R. 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 J lJ ' ! DO f I INSURER A: Hartford Flre Ins. CO. PSOMAS .fL1 £. J O~ ~ iC 61LQ/tY~y~, J ~~..17 INSURER B: American Automobile Ins. Co. 11444 West Olympic Blvd.,Suite 750 INSURER c: XL Specialty Insurance Co. _ West Los Angeles, CA 90064-1549 I A _ ' p INSURER D: Travelers Property Casualty Co of Am ~ O ~{ p ~, ~_ - "~ _/~a INSURER E' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DA E POLICY EXPIRATION D D LIMITS A GaIE.L'.LL:A:uTY 57CESOA1654 10!15/08 10/1x/07 EACH OCCURRENCE $1.000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $1 OOO OOO CLAIMS MADE OCCUR INDP. CONTRACTORS MED EXP (Any one person) $10000 X CONTRACTUAL INCLUDED PERSONALBADVINJURV $1000000 X BFPD, XCU GENERAL AGGREGATE 82 OOO OOO GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS-COMPIOP AGG $2000000 POLICY X PRO LOC D AUT OMOBILE LIABILITY P810153D8928TIL06 10/15/06 10/15/07 X COMBINED SINGLE LIMIT (Ea a id t $1 000 000 ANV AUTO cc en ) , , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS X BODILY INJURY P id t $ NON-OWNED AUTOS er acc en ) ( PROPERTY DAMAGE $ (Per accidenU GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANV AUTO OTHER THAN EA ACC $ AUTO ONLY: pGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ . $ B ._ __.-_ -_ _ WORKERS COMPENSATION AND EMP ' .-__'_,-_ _ WZP80945954 10/15/06 10/15/07 X WC STATU- OTH- LOYERS LIABILITY E. L. EACH ACCIDENT $1 OOO,OOO E. L. DISEASE-EA EMPLOYEE $1000,000 E.L. DISEASE -POLICY LIMIT $1 OOO OOO (~` OTHER professional DPR9600618 10/15/06 10/15/07 $1,000,000 per claim lability $1,000,000 annl aggr. DESCRIPTION OF OPERATION$/LOCATIONS/VEHICLES/E%CLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional servi ces 2SAN050800 ~~~ ~~ ~ /~ 2005 Urban Water Management Plan (See Attached Descriptions) City of Santa Ana Att: Thom Loughran PO Box 1988 Santa Ana, CA 92702 LD ANVOF TH E ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WIXQIx TO MAIL 3D-DAYS WRITTEN E TOTH E CERTIFICATE HOLDER NAM ED TOTH E LEFT.70t1[x)pOppyM(q(I( MVVRV LDV (Htl//T Ott nM174702 RLL ~ ACORD CORPORATION 1988 wm5 z5.3 (07/97) 2 Of 2 iFM774702 POLICY NUMBER: 57CESOA1659 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 cf Person cr Organiza±ion: City of Santa Ana Att: Thom Loughran PO Box 1988 Santa Ana, CA 92702 (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. Additional Insured Continued: its officers, employees, agents, volunteers and representatives PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. SEVERAB II,ITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. /~~j/ CG 20 10 11 85 Rpr 0[ 07 04:27p Public Works 7146473345 p.l h1ar29~ ?00? 369AM DBE OSOi1AS Na-4016 V y October 4, 2006 CITY OF SANTA ANA 220 S. Daisy Avenue, M-BS Santa Ana, CA 92702 Attention: Mr. Steve Worcall DBE Psomas Mercer As you may be aware, on November t, ;?00~ , Daniel Boyle Engineering, Inc. will be acquired by Los Angeles-based Psomas, formic C)13E Psomas, a division of Psomas. Ail work thru October 31, 2006 will be periorl~:~~ by Daniel Boyle Engineering. On November ], 2006, the company's nam-= wi t'hainge to DBE Psomas while virtually everything else will be the same and/or tra rspa I>_ it !o you. During the month of October 2006, please !et r ~ Ic u)w if you or your organization requires any mare formal paperwork or notice in cone, ;.1i a~-i with the acquisitior. of Daniel Boyle Engineering by Psomas. If there is any anti cipat, c ask or issue associated with this change, please let me or your project manager kno~+~ irn:n..=.d ately so we may deal with it promptly.. Please be assured that our senior managers t>f D n i J Boyle Engineering will remain in place, and will continue to manage and oversee a 1 of ; a it work and needs. As for myself, I have made a commitment to stay on with the firm 'or at least the next three years in order to support a successful transition. To fuRhe~r ear }our mind -our staff and your project's production team remains the same. We ar<~ c,r. changing addresses, telephorn>, nr fax numbers. On behalf of all of us at Daniel ftnyle E~ rgl veering, I thank you for your continued faith and trust and we all look forward to ~ cor i~l a~ad successful relationship in the future. Very truly yours, / /~~ Thomas B Hooker, )r., P.E.. President TB H:jtb cC: Cily of Santa Ana Aan: Purchasing TIii110-04-06.doc ACDRDTM :2 ~O - / 8 CERTIFICATE OF LIABILITY INSURANCE Client#: 6184 PSOMAS PRODUCER Dealef, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 714427-6810 DATE (MM/DDIYY) 10/16/07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A: Zurich American Ins. CO. INSURER B: National Union Fire Ins Co of Pittsb INSURER C: XL Specialty Insurance CO. INSURER D: American Zurich Insurance Company INSURER E. DBE PSOMAS, INC. Daniel Boyle Engineering, Inc. 11444 West Olympic Blvd.,Suite 750 West Los Angeles, CA 90064-1549 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. ~~~ TYPE OF INSURANCE POLICY NUMBER Pgk'fEY,~';l;5~~E P~~fJ r'i::l~;WIN LIMITS X IT1,~~T~Jg" I IOJ~- .Ec!:',~~c;H ACCIDENT. $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 $1,000,000 per claim $1,000,000 annl aggr. A ~NERAL LIABILITY X COM M ERCIAL GENERAL L1AB ILlTY I CLAIMS MADE ex] OCCUR lL CONTRACTUAL lL BFPD, XCU GEN'L AGGREGATE L1M IT APPLIES PER: I POLICY 'Iii ~~WT Iil LOC GL0916014500 10/15/07 10/15/08 EACH OCCURRENCE FIRE DAMAGE (Anyone fire) MED EXP (Anyone person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG INDP. CONTRACTORS INCLUDED D ~TOMOBILE LIABILITY lL ANY AUTO ~ ALL OWNED AUTOS SCHEDULED AUTOS BAP916015200 10/15/07 10/15/08 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) ~ 1L HIRED AUTOS 1L NON-OWNED AUTOS BODILY INJURY (Per accident) ~ PROPERTY DAMAGE (Per accident) ~RAGE LIABILITY I ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG B EXCESS LIABILITY BE9834342 ~ OCCUR D CLAIMS MADE 10/15/07 10/15/08 EACH OCCURRENCE AGGREGATE RDEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Professional Liab. is Excluded WC916014200 10/15/07 10/15/08 C OTHER Professional Liability DPR9609143 1 0/15/07 1 0/15/08 DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Gen~ral Liability policy excludes claims arising out of the performance of professional ~ 0 services /_.::./u L /,)-/ RE: ON-CALL ENGINEERING DESIGN SERVICES FOR WATER & SEWER MAIN --. -'.' .t/-C~' -(; / / /_ REPLACEMENT PROJECTS, DBEI JOB #534-101-00. CITY OF SANTA ANA ITS OFFICERS (See Attached Descriptions) CERTIFICATE HOLDER I I ADDmONALINSURED;INSURERLETTER: CANCELLATION Ten $1 000.000 $1 000000 $10 000 $1 000 000 $2 000 000 $2 000 000 $1,000,000 $ $ $ $ $ $ $1 000000 $1 000000 $ $ $ nf CITY OF SANTA ANA PUBLIC WORKS AGENCY, WATER RESOURCES DIV CESAR E BARRERA 220 S DAISY AVE (M-S5) Santa Ana, CA 92703 I SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER Wl!lCXIftOC:llxe TOMAIL3D--DAYSWRmEN NOTlCETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT~~k ~.ItXU~K~lIUOlIlOCMXK )(U AUTHORIZED REPRE~ATIVE ..... g -~..-~. ACORD 25-8 (7/97)1 of 2 #M207328 RLL @ ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) EMPLOYEES AGENTS VOLUNTEERS & REPRESENTATIVES ARE NAMED AS ADDL INSDS & PRIMARY CLAUSE APPLIES ON GEN LIAS POLICY-SEE ATTACHED ENDORSEMENT AMS 25.3 (07/97) 2 of2 #M207328 Additional Insured - Automatic - Owners, Lessees Or Contractors - Broad Form ~ ZURICH Policv No. Eff. Date of Pol EXD. Date of Pol Eff. Date of End Producer Add'l Premo Return Premo GL0916014500 10/15/07 10/15/08 10/15/07 Dealey,Renton $ N/A $ N/A THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy wider a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: I. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "properly damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products-completed operations hazard', performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: I . We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits ofInsurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits ofInsurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured, or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including U-GL-I 175-A CW (9/03) Page I of2 a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: I. Weare notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice ofa claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION TV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U-GL- 1175-A CW (9/03) Page 2 of 2 /1 ..!o06 171S ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/VY) PRODUCEq, Dealey, Renton & Associates P. O. Box 10550 Santa Ana CA 92711-0550 . 2Oc/t- /7, 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED DBE PSOMAS Daniel Boyle Engineering, Inc. 3187 Red Hill Avenue, suite 250 Costa Mesa CA 92626 INSURER A: Zuric Am rican Ins. Co. INSURER B: A ri n Zurich I ranee m an INSURERC: XL S ecialt urance C . INSURER 0: National union Fire Ins Co of pi ttsbur INSURER E: COVERAGES E POLICIES OF INSURANCE LISTED OTWITHSTANDING ANY REQUIREMENT, ERTIFICATE MAY BE ISSUED OR MAY ERMS, EXCLUSIONS AND CONDITIONS lNSR' TYPE OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION LIMITS TIlE GENERAL LIABILITY COMMERCIAL GENERAl LIABILITY CLAIMS MADE Ii] OCCUR ontractual BFPD XCU GL0916014501 10/15/2008 10/15/2009 EACH OCCURRENCE $1 000 00 FIRE DAMAGE (Any ona fire) $1 000 000 MEDEXP(lviyone arson} $10 000 PERSONAL &ADV INJURY $1 000 0 GENERAL AGGREGATE $ PRODUCTS. COMP/OP AGG I $ 2 0 0 0 0 0 0 i A GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC B AUTOMOBILE LIABILITY ,X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS H1RED AUTOS X NON.OWNED AUTOS BAP916015201 10/15/2008 10/15/2009 COMBINED SINGLE LIMIT (Eaaccidenl) '1,000,000 ;\ -'() FOR IIG BODILY INJURY (Perpersoo) $ BODILY INJURY (Peraccidenl) $ ,,-'\' PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY. EA ACCIDENT C OTHER 'Professional Liability DPR9614S35 OTHER THAN EA ACC AUTO ONLY: AGG 10/15/2008 10/15/2009 EACH OCCURRENCE I AGGREGATE Professional L' 10/15/2008 10/15/2009 X O1'H- E.L. EACH ACCIDENT 11 000_,000 E.L. DISEASE. EA EMPLOYE $I 000 000 E.L. DISEASE. POLICY LIMIT , 10/15/2008 10/15/2009 Per Claim $1,000,000 Annual Aggregate $1,000,000 D EXCESS LIABILITY : OCCUR D CLAIMS MADE iBE7440266 , DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC916014201 A DESCRIPTION OF OPERATlONSILOCATIONSNEHICLESIEXCLUS}QNS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS eneral Liability policy excludes claims arising out of the performance of professional services. Independent Contractors Included. E: ON-CALL ENGINEERING DESIGN SERVICES FOR WATER & SEWER MAIN REPLACEMENT PROJECTS, DEEI JOE #S34-101 00. CITY OF ANTA ANA ITS OFFICERS EMPLOYEES AGENTS VOLUNTEERS & REPRESENTATIVES ARE NAMED AS ADDL INSDS & PRIMARY CLAUSE APPLIES N GEN LIAB POLICY-SEE ATTACHED ENDORSEMENT CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER ILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON HE INSURER, ITS AGENTS OR REPRESENTATIVES. CITY OF SANTA ANA,PUBLIC WORKS AGENCY, WATER RESOURCES DIV CESAR E BARRERA,220 S DAISY AVE IM-8S) Santa Ana CA 92703 AUTHORIZED REPRESENTATIV ACORD 25-5 (7/97) POLICY #: BAP916015201 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated beiow. Endorsement Effective: 10/10/2008 Countersigned By: ~~oresentatiVe) Named Insured: DBE PSOMAS SCHEDULE Name of Person(s) or Organization(s): CITY OF SANTA ANA; PUBLIC WORKS AGENCY, WATER RESOURCES DIV CESAR E BARRERA;220 S DAISY AVE (M-85) Santa Ana CA 92703 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Additional Insured - Automatic - Owners, Lessees Or Contractors - Broad Form ~ ZURICH Policv No. Eff. Date of Pol Exp. Date of Pol Elf. Date of End Producer Add'l Prem. Return Premo GL0916014501 110/15/2008 10/15/2009 10/15/2008 Dealey,Renton $ NfA $ NfA THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy wider a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury". "property damage" or "personal and advertis~ ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: I. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury". "properly damagen or "personal and advertising injury" results directly from: a. Your ongoing operations; or b, "Your work" completed as included in the "products~completed operations hazard', performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: I. We will not extend any insurance coverage to any additional insured person or organization: 3. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits ofInsurance provided to you in this policy; or b, The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured, or 2, "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including U-GL-I175-A CW (9/03) Page J of2 a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4,c, of SECTION TV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Any provisions in this Coverage Part not changed by the tenns and conditions of this endorsement continue to apply as writ- ten. U-GL- 1175-A CW (9/03) Page 2 of2 Waiver Of Subrogation (Blanket) Endorsement ~ ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'!. Prem Return Premo GL0916014501 10/15/2008 10/15/2009 10/15/2008 Dealey, Renton $ N/A $ N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12/01) Page 1 of I WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different date is I ndicated below. (The following "attaching clause" need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) This endorsement effective on 10/15/2008 at I 2:01 AM standard time, forms a part of Policy No. WC916014201 Endorsement No of the Issued to PSOMAS Zurich American Insurance Co ~ Premium (If any) Authorized Representative We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WC 252 (4-04) we 04 03 06 (Ed. 484) Page 1 of 1