HomeMy WebLinkAboutFEHR & PEERS ASSOCIATES, INC. 3Ac Zook
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer it OS ,
Return form to the Deputy Clerk of the Council (M -30). Call 647 -5M)f Vp lay v y uestions.
MA
The agreement with
0
No. / -
6- 097-00 was completed on �- � ,
and final payment has been made.
20010`tjj Department:
Signature:
Date:
City of Santa Ana
Revised 08 -28 -06 Clerk of the Council
INSURANCE NOT ON FILE
WORK MAY OT-PROCEED
CLERK OF COUNCIL
DATE:
C': P416 G) (Tonic, zWb-)
November 15, 2006
City of Santa Ana
20 Civic Center Plaza (M -30)
Santa Ana, CA 90272 -1988
Attn: Karen Haluza
RE: Assignment of Agreement
Dear Karen Haluza:
N -2006 -097 -001
We are pleased to announce that Kaku Associates, Inc. intends to close a transaction whereby
it will sell its assets to Fehr & Peers Associates, Inc. Fehr & Peers will continue the business of
Kaku Associates, and Dick Kaku and the senior leaders of Kaku Associates will be employed by
Fehr & Peers. Legally we are required to obtain your consent to the assignment of the Ongoing
Consulting Services for the City of Santa Ana, California - Additional, contract/reference #N-
2006 -097, to Fehr & Peers. As of the closing of the sale of assets, all rights and obligations of
the Agreement from that date forward will be assumed by Fehr & Peers and all terms and
conditions of the Ongoing Consulting Services for the City of Santa Ana, California - Additional
contract will remain the same.
We kindly ask that you consent to the assignment by signing below and returning a signed copy
of this letter to us by fax no later than November 22, 2006. If the sale of assets has not been
completed by December 1, 2006, this assignment will be of no force and effect and the Ongoing
Consulting Services for the City of Santa Ana, California - Additional contract with Kaku
Associates, Inc. will continue in effect.
Please contact me at (310) 458 -9916 or dskaku @kakuinc.com if you have any questions
Sincerely,
KAKU ASSOCIATES, INC
AIMM
PA77IICIA E HEALY
Dick CLERK 4F T;H,F C.e?l1NC /L
President
PLEASE COMPLETE AND RETURN NO LATER THAN NOV. 22, 2006 BY FAX TO
(310) 394 -7663. THANK YOU.
CONSENT TO ASSIGNMENT:
COMPANY ity a a Ana
By:
Names David N. Ream
City Manager
196201
A "PROVED AS Try NORM
ahr3 Dru Si,_..ly�
, L. LuJ'. �ilv .%AcC:<v
INSURANCE NOT ON FILE N- 2006 -097
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: 9- "2'04
O: P +B C* (T. zerba) CONSULTANT ACRF.F.MF.NT
THIS AGREEMENT, made and entered into this / day of SwkmLer 2006 by
and between Kaku Associates, Inc., a California corporation (hereinafter "Consultant"), and the
City of Santa Ana, a charter city and municipal corporation organized and existing trader 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, parking and circulation issues.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the periomrance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
SCOPE OF SERVICES
Consultant shall provide consulting services regarding traffic, parking, and circulation
related to projects being reviewed by the City. Said services shall be on -call basis provided upon
the written request of the Executive Director of the Planning and Building Agency, which will
request any specific Scope of Services and fee schedules(s) for each project.
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 A. The total sum to be expended under this
Agreement shall not exceed 510,000.00 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. 'PERM
This Agreement commences on the date first written above and will tenninate upon
expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below.
The teem of this Agreement may be extended upon a writing executed by the Executive Director
of the Planning & Building Agency 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 perfomtance 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 S1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B 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. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
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.
E II Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
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 Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M -20)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -6956
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:
Kaku Associates, Inc.
Patrick Gibson
201 Santa Monica Blvd., Ste 500
Santa Monica, CA 90401
'I'elefacsimile 310- 394 -7663
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty -four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the 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.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hercinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indenntify 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 fidly 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 ANTA ANA
le�C —
PATRICIA k HEALY DAVI N. RE
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
i
i
By
Lau a STicedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
A– \
JA M. TREVINO
xecutive Director of the
Planning and Ruilding Agency
CONSULTANT
�V r A�-�
PATRICK GIBSO
Vice President
Tax ID # 95- 4295753
EXHIBIT A
SCOPE OF SERVICES
Consultant will provide expertise regarding traffic, parking and circulation issues to the City's
Planning and Building Agency in relation to projects being considered by the City. Said services
include review of projects and proposals, recommendations regarding traffic, parking and
circulation issues regarding those projects, attending meetings to discuss and review, and other
services as requested, in writing, by the City.
Consultant, in coordination with the Project Manager, shall develop the definition of work
product based on the specific work assignment for each project. Products may include, but are
not limited to, memorandum, reports, diagrams and illustrations.
Consultant shall deliver to City all work product which results from the services provided. Said
work shall be submitted in a hard copy and produced in a form compatible with the City's
computer system as agreed between the Project Manager and Consultant.
COMPENSATION
Principal I
$275.00/hr
Principal II
250.00 /hr
Principal 111
200.00 /hr
Associate I
175.00 /lrr
Associate fI 150.00/hr
Associate III 125.00/hr
Associate IV 100.00/hr
Technician 75.00 /hr
Administrative 75.00 /hr
ARD CERTIFICATE OF LIABILITY INSURANCE
CO
09/126/20 61
PRODUCER (626) 795 -7059 FAX (626)792 -2321
FIA Insurance Services, Inc.
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
99 South Lake Avenue, #300
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
Pasadena, CA 91101
INSURED Kau Associates Inc
INSURERA: Mitsui Sumitomo Ins Co of Amer
. .SENTATIVES.
AUTHORIZED NTATIVE' `
INSURER 9 Mitsui Sumitomo Ins USA Inc.
GENERAL LIABILITY
201 Santa Monica Blvd
INSURERC ACE American Ins. Co
08/01/2007
Suite 500 �I
INSURER D.
DAMAGE TO RENTEU
Santa Monica, CA 90401
NSIT E.
X COMMERCIAL GENERAL LIABILITY
4TH, POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME[) ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 REM ICED BY PAID CLAIMS.
INSR
kqn.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE IMMA
POLICY EXPIRATON
LIMITS
. .SENTATIVES.
AUTHORIZED NTATIVE' `
Santa Ana, CA 92702
GENERAL LIABILITY
PKG3122178
08/01/2006
08/01/2007
EACH OCCURRENCE
$ 1,000,00
DAMAGE TO RENTEU
$ 100,00
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADF EDOCCUR
MED EXP(Any one PBROn)
$ 10,00
PERSONAL B ADV INJURY
S 1,000,00
A
GENERALAGGREGATE
$ 2,000,00
GENL AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMDOP AGO
$ 1,000,00
POLICY .PIECT LOC
AUTOMOBILE
LIABILITY
PKG3122178
08/01/2006
08/01/2007
COMBINED SINGLE LIMIT
$
ANY AUTO
(Ea w.dAnl)
11000,000
BODILY INJURY
$
ALL OWNED AUTOS
SCHEDULED AUTOS
A
HIRED AUTOS
NDN -OWNED AUTOS
�
X
BODILY INJURY
IPer ac0l0enf)
$
X
PROPERTY DAMAGE
$
--
(Per acotlenll
GARAGE LIABILITY
- ^'r. 11 ..1
'1C)
ALTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AD ONLY AGO
EXCESSAIMBRELLA LIABILITY
UMB5400432
08/01/2006
08/01/2007
EACH OCCURRENCE
$ 1,000,00
AGGREGATE
$ 11000,00
OCCUR 0 CLAIMS MAUL
$
A
$
D,DUCnRLE
$
RETENTION $
WORKERS COMPENSATION AND
WCP8S22212
08/01/2006
08/01/2007
WC BTATU
E. L. EAD I ACCIDENT
$ 1,000,00
EMPLOYERS. LIABILITY
B
ANYPROPRIETORIPARTNERrEXLCUTIVE
OFFICERIMEMBER EXCLUDED'
EL DISEASE EA EMPLOY C
E 1,000,00
s,decrnbeuntler
If yeCIAL PROVISIONS elow
SPE O
EL D6EASF- P(111CY LIMIT
$ 1,000,00
DTN
EONG21998278001
08/09/2006
08/09/2007
$ 1,000,000 Per Claim
C
roiessional Liability
$ 1,000,000 Policy Aggregate
$ 50,000 Deductible
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder* is named as an Additional Insured as its interest may appear, but only as respects
lability arising out of the operations of the Named Insured within the scope of the policy terms and
conditions.
aku Ref #1962 (Traffic, Parking and Circulation Consulting for the City of Santa Ana)
rEXcept ten (10) days notice of cancellation for non payment of premium.
CANCFI I ATICIN
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
130 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Santa Ana
Attn MS Tonia Zerba
20 Civic Center Plaza
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, US AGENTS BE
. .SENTATIVES.
AUTHORIZED NTATIVE' `
Santa Ana, CA 92702
ACORD25(2001108) FAX: (714)973 -1461 V [JACUKU CORPORATION 1968
---City of Santa Ana
Certificate issued to City of Santa Ana 09/26/2006
FIA Insurance Services, Inc.
09/26/2006
'The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees,
agents, volunteers and representatives are named as additional insured, as their interest may appear.
1/ 11
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
ACORN. CERTIFICATE OF LIABILITY INSURANCE
DATEIMMI °DI Y)
01/03/0'1
PRODUCER LIC NOE67760 1 -925- 463 -9834
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ICA Insurance Services
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9900 Bopyard Rd., mite 1po
HOLDER. THIS CERTIFICATE DOES NOT AMEND, E %TEND OR
ALTER THE COVERAGE AFFORDED RY THE POLICIES BELOW.
Pleasanton, 99500
ton, CA 9
Leslie es GTE, APLv
INSURERS AFFORDING COVERAGE
I
Fehr hr & 6 Peers Associates, inc.
INSUREHA Fidelity
- _. y end Guaranty I nsurance Underwriters, Inc.
100 Pringle Avenue, Suite Soo
INHUR6R B: ACE American Insurance Company
- - - -
:T(D
Walnut Creak, CA 94596 NJiX1�_ �"�
NSURERC. St. Paul Mercury Insurance Company
INSURER
CURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 1 HE
INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT, TERM UR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED UP
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
POLICIES.
HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF S1 'CH
AGGREGAI E LIMITS SHOWN MAY I IAVE BEEN RFOUCED BY PAID
CLAIMS.
INSR TYPE OF INSURANCE POLICYNUMBER
POLICY EFFECTIVE POLICY EXPIRATION - -
A GENERAL LIABILITY BR01640]23
-
EIMMIpprvY_ pATF IM y LIMITS
11/01/06 11 /O1 /0] EACHOCCURRENCE 5 1,000,000
COMMERCIAL GENERAL LIABII ITY
EIRE DAMAGE (My we Ne .$500,000
_ CLAIMS MADE I X I OCCUR
MEU LYP(Any one P—on l $ 10,000
t�
PERSONAL a AOV INJURY g 1, 000, 000
GENEIIAL AGGREGATE $ 2,000,000
GEN'LACCRECAE LIMIT APrPLIE9PER
POLICY' XT
PRIDUi TS - CUMEIOP AGO $2,000,000
F(T LOC
A AUTOMOBILE LIABILITY BK01640723
11/01/06 11/01/07
I ANY AUTO
COMBINED SINGLE LIMIT
Ifn...N,nll 8 1, 000, 000
ALL VWNEU AUTD9
S AUI05
BODILY INJURY
IPer cersonl
I QEDATLED
X_ BIReD Allros
X WIN 01 NED AUTVtl
BoDILV INJURV $ -
IPer acdaer�0
PROPERTY DAMAGE $
IPer naciticnll
LIABILITY
_G_ABASE
AUTDONLY. EA ACCIDENT 5
AN(AUTO
--
VIRER THAN EA ACC
AUTV ONLY'. AGG $
11/01/06 11 /Ol /0] EACHOCCARRENCL 12,000,000
-
A EXCIESSUABILITY BK01640723
X ,
J OCCUR CLAIM5 MADE
CCFEGATF 5 2.000, 000
$
DEDUCTIBLE
8
HETENTION $
C BW02198818
09/01/06 09/01/07
X WC STATU DTH -
EMPLOY EMPLOYERS' LIABILITY
EMPLOVERS'LIABILITY
TQRYUCID ER_
ER
CLEACH ACCIDENT I$1, 000, 000
E L DISEASE - EA EMPLOYEE $ 11 000, 000
-
E.L. DISLASC- POLICYLIMIT $1,000,000
OTHER
B profeooional Liability 1321663049004
12/06/06
12/06/0] Pen Claim x1,000,000
Aron.al Aggregate 52,000,000
OE56RIP H-- VF V P ERATIONSILG CATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
All Operations of the Named Insured, including px Oject referenced below, if any.
General Liability: Bee Additional Insured endorsement attached.
Professional Services
U06 -1962
NOTICE FOR
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE THE EXPIRATION
City Of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL A"XYWM.AIL 30 DAYS WRITTEN
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Santa Ana, CA 92702 AUTHORIZE -REPRESENTATIVE
USA
1236
Insured: Fehr & Peers Associates, Inc. Policy Number: SK01640723
Liability Coverage Enhancement —
Architects And Engineers
ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
LIABILI fY COVERAGE PART
t. The following is added to paragraph 2 of SECTION
II — WHO IS AN INSURED:
I. If you are required to add another person or
organization as an insured under this policy by a
written contract or agreement which is in effect
during the policy period, that person or organization
is an insured. Such person or organization is
referred to in this Coverage Part as an Additional
Insured.
However, such person or organization is not an
insured with respect to any:
(1) "Property damage "to;
(a) Property owned, occupied or used by
the Additional Insured;
(b) Property rented, leased or loaned to,
in the care, custody or control of, or
over which physical control is being
exercised for any purpose by the
Additional Insured; or
(c) "Your work" performed for the
Additional Insured;
(2) "Bodily injury", "property damage ", "personal
injury', "advertising injury" which is not caused
in whole or in part by the negligent acts or
omissions of any Named Insured, or the
negligent acts or omissions of anyone directly
or indirectly employed by a Named Insured or
for whose acts a Named Insured may be
liable;
(3) "Bodily injury", "property damage ", "personal
injury', or "advertising injury fur which such
person or organization has assumed liability in
a contract or agreement, except for liability for
damages that such person or nrganiration
would have in absence of the contract or
agreement; or
(4) "Bodily injury", "property damage ", "personal
injury" or "advertising injury arising nut of any
architect's, engineer's or surveyor's rendering
of, or failure to render, any professional
services, when such person or organization is
an architect, engineer, or surveyor.
2. The following is added prior to the final paragraph
of SECTION 11— WHO IS AN INSURED:
You are an insured for your participation in any past
or present "unnamed joint venture ". 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. This insurance is excess over any "other
insurance" available to you for your participation in
any past or present "unnamed joint venture ".
3. The final paragraph of SECTION 11 — WHO IS AN
INSURED is replaced by the following:
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture (except "unnamed join
venture ") or limited liability company this is nut
shown as a Named Insured in the Declarations.
4. Paragraph 2 of SECTION III — LIMITS OF
LIABILITY is replaced by the following.
(2). The General Aggregate Limit is that most we
will pay at each of "your premises" listed in the
Schedule of Premises and is the most we will
pay at each of "your projects" for the sum of:
a. Damages under Section I. A. except
damages because of "bodily injury" and
"property damage" included in the
"products completed operations hazard"
and damage to premises rented to you or
temporarily occupied by you with
permission of the owner; and
b. Medical payments under SECTION 1 B.
Whit 26090903 Ird des copvri111 material of Insurance Services ON cc with its Permission, Page l oft
Cppy'i Insuranse Services 0llicex. Inc.. 2001
5. The following is added to SECTION IV.
CONDITIONS, 5. Other Insurance,
a. Primary Insurance;
In addition, 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 IL 2. I., if you specifically
agree, in that written contract or agreement,
that this insurance must be primary to, and
non- contributory with, such "other insurance ".
This insurance will then be 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 with such "other insurance ".
6. The following is added to SECTION IV —
CONDITIONS, 8. Transfer Of Rights Of
Recovery Against Others To Us.
We waive any right of recovery we may have
against any person or organization added
under SECTION 11. 2.1., for payments we make
because of injury or damage arising out of
"your work" under the written contract or
agreement with such person or organization,
provided that the injury or damage occurs
subsequent to the execution of that written
contract or agreement.
7 The following are added to SECTION V —
DEFINITIONS:
"Unnamed joint venture" means any joint venture
in which you are a member or partner where:
a. Each and every one of your co- ventures in that
joint venture is an architectural, engineering or
surveying firm; and
It. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site or
location that you own or rent or lease from
others.
"Your project"
Means any premises, site or location at, on, or in
which "your work" is not yet completed;
and
a. Means any premises, site or location at, on, or
in which "your work" is not yet completed;
and
It. Does not include "your premises" or any
location listed in the Schedule of Premises.
All other terms of your policy remain the same.
919129 99 99 93 Includes copyrighted material of nxurance Services 9f6ce with Its permission .
i m"';,ht Insurance Services motes. Inc.. YnnI
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