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Home My WebLink AboutADVANTEC CONSULTING ENGINEERS, INC. 1 - 2007� City of Santa Ana Clerk of the Council AGREEMENT TERMINATION 0 SEP 22 1# it if Please complete this form when the attached agreemen��1l�t�.� longer in effect. Return form to the Clerk of the Council ®Af1� AA 36 NA Call 647 -5237 if you have any questions. CLERK = t ML The agreement with No. 1 • J207 -15 � was completed on and final payment has been made. Revised 07 -23 -07 AUG 0 6 2007 SANTA ANA PLANNING DEPT Department: /f° h-, Phone /Ext.: Signature: Date: �1St3E+at�cY PAS �pIREB �� NSURANCEE% /l-lR�U9 CIEPK3 (,07ll HATE', A tip CONSULTANT AGREEMENT A- 2007 -152 THIS AGREEMENT, made and entered into this 18`h day of June, 2007 by and between ADVANTEC CONSULTING ENGINEERS, INC., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. 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: SCOPE OF SERVICES Consultant shall provide traffic and transportation technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other 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, a royalty-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 A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to 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 June 30, 2008, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 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 insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit 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. 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 famished 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 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 due to negligent acts, omissions or willful misconduct in the performance, 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 negligent acts, omissions or willful misconduct in the performance of 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: and Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M -20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973 -1461 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: ADVANTEC Consulting Engineers Bernard K. Li 21700 Copley Drive, Suite 350 Diamond Bar, California 91765 telefacsimile (909) 860 -6722 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, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 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 may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations 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: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lau Sheedy Assistant City Attorney CITY OF SANTA ANA h. DA "D N. nAM City Manager ADVANTEC CONSULTING ENGiQNEERS, INC. vwjj�-� YARD K. LI, P.E., PTOE President Tax ID# 1s q6g -73 L{ EXHIBIT A ADVANTEC Consulting Engineers 21700 Copley Drive Suite 350 Diamond $ar CA 91765 Tel :(909)860 -6222 Fax: (909) 860-6722 www.advantec-tisa.com because We Care! ADVANTEC Consulting Engineers Hourly Rates The following hourly rates are applicable as of the date of this proposal submittal, and these rates are to be maintained for a minimum of one year from the date of contract award. Effective January 2007 Classification Project Director Project Manager Senior Engineer / Planner Engineer / Planner Assistant Engineer/ Planner CADD Operator / Technician Administrative Manager Administrative Support Direct Costs Effective January 2007 Travel Mileage $0.485 per mile Computer CAD Charges $12.00 per hour In House Copies (b /w) $0.50 per page In House Copies (color) $2.00 per page In House Plotting (Mylar) $20.00 per D -size sheet In House Plotting (Bond) $10.00 per D -size sheet Facsimile $1.00 per page Other Direct Costs( Sub - Contractors) At Cost + 10% admin Rate $190 / hour $160 / hour $140 / hour $100 /hour $80 /hour $75 / hour $90 / hour $601 hour ADVANTEC 21700 Copley Drive* S Company Profile ADVANTEC is a consulting engineering firm specializing in Traffic, Transportation, Civil, Electrical Engineering, and Intelligent Transportation Systems (ITS). The company was founded based on the principle of providing professional services with the best value and quality, on time and within budget. ADVANTEC has earned a reputation for dependability and problem solving. In the past 9 years, we have a 100% on -time within - budget record on over 270 projects, serving over 50 satisfied clients. We maintain our reputation by upholding our firm's high standards of quality, and responsive services that meet our clients' needs. Moreover, our design projects have resulted in no change orders during construction due to design errors. This exemplifies the high level of quality of our design work. Our areas of expertise include: Traffic Engineering Intelligent Transportation Systems • Traffic Signal and Interconnect Design ITS Strategic Planning • Signal Operations and Timing • Freeway Management System Design • Adaptive Signal System Design • ITS Devices and SMART Corridor Design • Signing and Striping Design Incident Detection & Management Design • Traffic Detour and Handling Design • Traveler Information System Design • Light Rail Transit Planning and Design • Bus Communication and AVL System • Neighborhood Traffic Calming • Plan Checking Electrical Engineering Transportation Planning • Highway Lighting Design • Traffic Impact Studies • CCTV Surveillance Design • Travel Demand Modeling • Dynamic Message Signs Design • Parking Studies • Fiber -optic Communications System Design • Transportation Master Plans • Wireless Communications System Design • Signal Warrant Studies • Microsimulation modelling Civil Engineering Computer Applications • Subdivision and Site Development • Geographical Information System (GIS) • Grading and Street Improvement Design • Computer Aided Design and Drafting • Drainage, Water, Sewer, and Storm Drain (CADD) Design Construction Management Municipal Engineering • Construction Inspection • On -Call Services • Technical Staffing Support Mission Statement ADVANTEC's mission is to provide responsible engineering to the community that would result in perceptible improvements towards the quality of life, safety, and efficiency of transportation. Offices Los Angeles Office (Headquarters) Inland Empire Office 21700 Copley Drive Suite 350 3237 E. Guasti Road, Suite 110 Diamond Bar, CA 91765 Ontario, CA 91761 Ph: 909 - 860 -6222 (Opening: April, 2007) Fax: 909 - 860 -6722 Tel: (909) 860 -6222 ♦ Fax: (909) 860 -6722 ♦ Website: www.advantec- usa.com C� CC3 E, l" i-I W U .--1 .m i-+�I Traffic Engineering ADVANTEC provides quality traffic engineering services by combining skills and experience that promote safety. Our expertise includes: • Traffic Signal Design • Traffic Management Plans • Fiber-Optic Communications • Signing and Striping • Roadway Geometric Design • Highway Lighting • Neighborhood Traffic Management jg� • CCTV Surveillance • Worksite Traffic Control • Lighi Rail Transit • Rail/Roadway Interface • Traffic Management Centers N i AD VA"EC CommAgagEn 8*24vers Traffic Operations ADVANTEC improves mobility and operational efficiency. Our signal synchronization and timing services have led to perceptible improvements in many cities. Our expertise include : • Signal Timing & Synchronization • Timing Monitoring & Fine - Tuning • Traffic Operations Analysis • Traffic Signal System Feasibility • Traffic Signal System Design • Traffic Signal System Implementation • Adaptive Traffic Signal Systems • Signal Warrant Studies • Emergency Vehicle Operations • Public Transit Priority Systems • Rail /Roadway Operations • Accident and Safety Analysis • Incident Detour Planning I s Fart J YIX$� ADV"TEC Consulting Engineers Systems (IT'S) ADVANTEC is a founding member of ITS America. We promoted the development of ITS as a mainstream element in transportation. Our expertise include: • ITS Strategic Planning • Freeway Management Systems • Advanced Traffic Management • SMART Corridor Design • Incident Management Systems • Traveler Information Systems • Advanced Public Transit Systems • Homeland Security Systems • Traffic Management Center • Global Positioning Systems Design • Wire line & Wireless Communications • Automatic Vehicle Location Systems • Advanced Vehicle Control Systems ADVANTEC has a wide range of multi - disciplinary engineering experience. We take advantage of state -of- the -art technology to improve transportation mobility and efficiency. Our expertise includes : • Fiber -Optic Communications • CCTV Surveillance • Dynamic Message Signs • Trailblazer Signs • Wireless Communications • Detection Systems • Ramp Meters • Street Lighting • Red Light Enforcement • Smart Crosswalk • Traffic Management Centers • Homeland Security Systems • -A &. ! 114»CULT. L! GI NEC.r-.:) ADV "TWC Ciil2Sil1 2g Enghicets EXHIBIT B 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 # - 8989 ADVANCONS ��,M CERTIFICATE OF LIABILITY MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH INSURANCE 07/24/2007 ) PRODUCER POLICY NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton 8 Associates 199 S Los Robles Ave Ste 540 A ONLY HOLDER, ALTER AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91101 11/12/07 EACH OCCURRENCE $2000000 626 844 -3070 $1,000,000 INSURERS AFFORDING COVERAGE INSURED - Advantec Consulting Engineers, Inc. INSURERA. INSURER B. United States-Fidelity 8 Guaranty - Fire 8 Marine -- - _- -- -_ ___ -- -- St. Paul Ins. Co. 21700 E. Copley Drive #350 INSURER C. U.S. Specialty Insurance Company Diamond Bar, CA 91765 INSURER D. Travelers Indemnity Co. of Connectic INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE D"I POLITE MMIDDIYY EXPIRATION LIMITS A GENERAL LIABILITY SK01245306 11/12106 11/12/07 EACH OCCURRENCE $2000000 FIRE DAMAGE (All One fire) $1,000,000 COMMERCIAL GENERAL LIABILITY MED LAP (Any one person) $10,000 CLAIMS MADE Fx_] OCCUR PERSONAL& ADV INJURY $2 000 000 GENERAL AGGREGATE $4 000 000 GE NT AGGREGATE LIM ITAPPLIES PER PRODUCTS - COMPIOP AGO $4000000 POLICY I I PJECT RO LOG D '_AUTOMOBILELIABILITY X ANY AUTO YI APP122020 105/11/07 05/11/06 COMBINED SINGLE LIMIT (Ee acGdeW) $1,D0D�000 BODILY lwuav (Per person) $ ALL OWNED AUTOS � SCHEDULED AUTOS BODILY INJURY (Per amioentl $ X4HIRED AUTOS X NON -OWNED AUTOS _ —_— _— PROPERTY DAMAGE (Peraumenry $ GARAGE LIABILITY A� °i � �7 El `I -L TL'I - AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC ANY AUTO $ AUTO ONLY: qGG $ EXCESS LIABILITY "' EACH OCCURRENCE $ AGGREGATE $ OCCUR E] CLAIMS MADE $ DEDUCTIBLE RETENTION $ B WORKERS COMPENSATION AND BW02201611 11/12/06 11112/07 X WCBTATU- OTH - EL EACH ACCIDENT I $1,000,000 EMPLOYERS'LIABILITY E. L. DISEASE- EAEMPLOYEE $1,000,000 _ E.L. DISEASE -POLICY LIMIT F0,000,000 C OTHER Professional US051091403 05/13107 05/13/08 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS ILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECML PROVISIONS The City of Santa Ana is named as an additional Insured as respects general liability for claims arising from the operations of the named insured. City of Santa Ana 20 Civic Center Plaza, (M•20) P.O. Box 1988 Santa Ana, CA 92702 (7/H7)1 s 1 *Q1O0n9R /u10dn71 ANYOF THE ABOVE D ESCRIBED POLICIES BE CANCELLED DATE THEREOF, THE ISSUING INSURER WIUXkjc) LX= TOMAIL -In DAYS WRITTEN NOTICE TOTH E CERTIFICATE HOLD ER NAM ED TOTH E LEFT.JantxXXWXXj000M00=K REPRESENTATIVE / NILE O ACORD CORPORATION 198E Named Insured: Advantec Consulting Engineers, Inc. Policy Number: BKO1245306 Owner, Lessee Or Contractor - Scheduled Person Or Organization ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. Owners, Lessees Or Contractors - Scheduled Persons Or Organizations Schedule Name of Person or Organization: The City of Santa Ana is named as an additional insured as respects general liability for claims arising from the operations of the named insured. Location of Covered Operations: All Operations of the Named Insured The following is added to SECTION II. WHO IS AN INSURED, 2: Owner, Lessee Or Contractor - Scheduled Person Or Organization Each person or organization shown in the Owners, Lessees Or Contractors - Scheduled Persons Or Organizations Schedule, but only with respect to that person's or organization's liability arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: (1) "Bodily injury ", "property damage ", "personal injury" or "advertising injury" that does not arise out of your negligence; (2) "Bodily injury ", "property damage ", "personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of that contract or agreement; (3) " Poperty damage" lo: (a) Property owned, used or occupied by or loaned or rented to such person or organization; Cl-16F 22 40 11 02 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright, Insurance Services Office, Inc., 2001 (b) Property in the care, custody or control of such person or organization over which such person or organization is, for any purpose exercising physical control; or (c) "Your work" performed for such person or organization; (4) "Bodily injury ", "property damage ", "personal injury" or "advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service" when such person or organization is an architect, engineer or surveyor; or (5) "Bodily injury" or "property damage" that occurs after "your work" for such person or organization has been completed. "Your work" will be deemed completed at the earliest of the following times: (a) When all of the work on the project to be done at the Location of Covered Operations shown in the Owners, Lessees or Contractors - Scheduled Persons Or Organizations Schedule has bee completed; or (b) When that part of the work out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization, other than another contractor or subcontractor working on the same project. "Your work" that may need service, maintenance, correction, repair or replacement, but which is otherwise deemed completed above, will also be deemed completed. All other terms of your policy remain the same. CLIBF 22 40 11 02 Includes copyrighted material of Insurance Services Once, Inc.. with its permission. Page 2 of 2 copyright, Insurance Services Once, Inc., 2001 Policy Number: BKO1245306 Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. ?. The following replaces the final paragraph of SECTION II. WHO IS AN INSURED, 1.: However, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Nanied Insured in the Liability Coverage Part Declarations. This provision does not apply to you, for your participation in any past or present "unnamed joint venture ", or if that person or organization is otherwise an insured under Paragraph 2. below 2. The following is added to SECTION II, WHO IS AN INSURE0.2.: Person Or Organization Required By Written Contract Any person or organization that you agree to add as an Insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury` or "property damage' occurs or the offense that causes the "personal injury" or "advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of 'your work" for that person or organization. However, such person or organization is not an insured with respect to any: (a) Your negligence, or (b) The negligence of another person or organization for whom you are liable, (2) "Bodily injury ", "property damage ", "personal Injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement: (3) "Property damage" to: (a) Property owned, used or occupied by, or loaned or rented to, such person or organization, (b) Property over which such person or organization is for any purpose exercising physical control: or (c) "Your work" performed for the insured; or (4) "Bodily injury ", "property damage ", "personal injury" or "advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service", when such person or organization is an architect, engineer or surveyor. (1) "Bodily injury', "property damage", g The following is added to SECTION II. WHO IS AN "personal injury' or "advertising injury" INSURED: that does not arise out of: —/8F 26 09 0903 Includes copyrighted material of Insurance Services Office with its Permission. Page 1 of 3 Copyright Insurance Services Office, Inc. 2001 "Unnamed Joint Venture" You are an insured for your participation in any past or present " unnamed jointventure''. 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. WII apply separate y to the sum of all ti Damages because of "bodily injury" and property damage ", under SECTION I. COVERAGE, A. Liability above: and (2) Medical payments for "bodily injury' under SECTION I. 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 INSURE0,2.: (a) Paragraph h. Certain Additional Insureds By Contract or Agreement, or (b) Persons Or Organizations Required By Written Contract: insurance " - This insurance will then in applied as primary insurance for damages far "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, 5. "Other Insurance', b. Excess Insurance: This insurance is excess over any "other insurance' whether primary, excess, contingent or on anv 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, 8. 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 "products- completed operations hazard ", and Ill. Performed under a written contract or agreement that s made before, and in effect where, the "bodry injury" or "property damage" occurs or the offense that causes the "personal injury' or "advertising injury is committed: and c. You specifical y agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. B. The following are if you specifically agree, In that written DEFINITIONS: contract or agreement, that this insurance must be primary to, and non - contr.butory with, such "other Cllar2609 09 e3 Includes coprigMed maiedal cr Iosufance Services nflice will, its permission. copyright. Irsunnce services Office. Inr 2001 added to SECTION V. Page 212 "Unnamed joint venture' means any joint venture in which yoc are a member or partner where. a. Each and every note of your co- ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joInt venture isnotnamedin the Liability coverage Part Declarations "Your premises" means any premises, site, or location owned or occup'did by, or rented to, you "Your project a. Means any premises, site or location at, on, or in which "your work" is not yet completed. and b. Dues not Include "your premises" or any location listed In the Schedule of Premises. All other terms of YOU policy remain the same. CAI 20 09 09 03 111 copYri th d mareria of insurance saw cgs eifice w it- its permission. ?e9n 2 of Cn{ryri9hl, iasuranLp Services 6Pc= Ina 2031 ACORD,e CERTIFICATE OF LIABILITY GATE [Ni INSURANCE 11109/07 PRODUCER PRODUC ,Renton &Associates 199 S Los Robles Ave Ste 540 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 Pasadena, CA 91101 626 844.3070 $2 000 000 INSURED Advantec Consulting Engineers, Inc. INSURERA: Travelers Indemnity Co. of Connectic INSURER B: The Travelers Indemnity Co of CT INSURER C: U.S. Specialty Insurance Company 21700 E. Copley Drive #350 NSURER D: Diamond Bar, CA 91765 INSURER E: 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. -EXPIRATION `S A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY POLICY NUMBER 68060791.497 POLICY EFFECTIVE DATE MMICO 11/12/07 POLICY DATE M DD%Y 11/12/06 LIMITS EACH OCCURRENCE $2 000 000 FIRE DAMAGE one fire) $1 000000 MED EXP (Any one person) $5 000 CLAIMS MADE OCCUR PERSONALS ADV INJURY $2 000 OOO GENERAL AGGREGATE s-4,00-0,00-0- PRODUCTS AGG s4000000 GEN'L AGGREGATE LIM ITAPPLIES PER: POLICY PEQ LOG A AUTOMOBILE LIABILITY BA6080L736 11/12107 11/12/06 COMBINED SINGLE LIMIT (Ea accident) $•1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS X HIREDAUTOS NON - OWNEDAUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: AGO $ ANY AUTO $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE WCSTATU OTH- X T V IT ER $ _ B RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY U67642Y509 11/12107 11/12/06 E.L. EACH ACCIDENT $110001000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 JIB HER Professional US071091403 05/13/07 05/13/08 $1,000,000 per claim bility $2,000,000 annl aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHI CLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVI > �' , "„ • T A; r'� The City of Santa Ana is named as an additional insured as respects general liability for claims arising from the operations of the named insured. City of Santa Ana 20 Civic Center Plaza, (M -20) P.O. Box 1988 Santa Ana, CA 92702 ACORD 25S (7197)1 of 1 #M209600 SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WIC TO MAIL 30 DAYS W RITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT,JgtKxin($tl)pQppB IDIRMI K AAF O ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY POLICY N UMBER: 6 8 0 6 0 7 9 L 4 9 7 ISSUE DATE: 11/09/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Santa Ana 20 Civic Center Plaza, (M -20) P.O. Box 1988 Santa Ana, CA 92702 PROJECT /LOCATION OF COVERED OPERATIONS: All Operations of the Named Insured 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: This endorsement does not increase the lim- its of insurance stated in the LIMITS OF IN- SURANCE (Section III) for the Coverage Part. a. Only with respect to liability for "bodily injury", 3. The following is added to Paragraph a. of 4. "property damage" or "personal injury" and Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): b. If the injury or damage arises out of the per- formance by you or your subcontractor, of "your work" on or for the project, or at the lo- cation, shown in the Schedule above. Such person or organization does not qualify as an additional insured with respect to their inde- pendent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the render- ing of or failure to render any "professional services ". b. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in a "contract or agreement requiring insurance" for that additional in- sured, or the limits shown in the Declarations for this Coverage Part, whichever are less CG D3 82 09 06 However, if you specifically agree in a "contract or agreement requiring insurance" that, for addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any 2006, The St. Paul Travelers Insurance Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" The City of Santa Ana is named general liability for claims a insured. or "property damage" occurs, or the "personal in- jury" offense is committed. 5. As respects the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. as an additional insured as respects rising from the operations of the named Page 2 of 2 2006, The St. Paul Travelers Insurance Companies, Inc. CG D3 82 09 06