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HomeMy WebLinkAboutAUSTIN-FAUST ASSOCIATES - 2007City of Santa Ana Clerk of the Council AGREEMENT TERMINATION RECEIVED AUG 0 6 2007 o er SANTA ANA PLANNING DEPT Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Offi39 Call 647 -5237 if you have any questions. K T _ A AN The agreement with J-,2007- ` off@ No. 45-3 45-3 C 5� was completed on )/J /,ey and final payment has been made. Revised 07 -23 -07 Department: f {/ Phone /Ext.: Signature: Date: INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 8 -/3" Z, WC: 9 -i -a� CLERK OF CpYNCIL DATE: P&1 C2) (Toy+ \u 2er)*a) THIS AGREEMENT, made and entered into this 18`h day of June, 2007 by and between AUSTIN -FOUST ASSOCIATES, 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 "). CONSULTANT AGREEMENT A- 2007 -153 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: 1. SCOPE OF SERVICES Consultant shall provide traffic engineering and transportation planning services in relation to environmental project review pursuant to 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 B. 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 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. 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 certifikl 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 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 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: Joe E. Foust, P.E. Austin -Foust Associates, Inc. 2223 Wellington Avenue, Suite 300 Santa Ana, CA 92701 -3161 Telefacsimile: (714) 667 -7952 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 he 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: La 4a Sheedy Assistant City Attorney CITY OF SANTA ANA f {✓oQ, DA ID N. OAM City Manager AUSTIN -FOUST ASSOCIATES, INC. Tax ID# 5 3 —o ®Z g6dZ f4WAiwA[IST /N- F0l1ST ASSOCIATES, INC, TRAFFIC ENGINEERING AND TRANSPORTATION PLANNING May 18, 2007 City of Santa Ana, Planning Division 20 Civic Center Plaza, M20 Santa Ana, CA 92701 ATTENTION: Mr. Pedro Gillen, Associate Planner SUBJECT: SOQ — ENVIRONMENTAL CONSULTANTS LIST Dear Mr. Gillen: Austin -Foust Associates, Inc. (AFA), is pleased to have been invited to submit a SOQ to be included on the City of Santa Ana's listing of pre - qualified firms for consulting services. AFA is a traffic engineering and parking consulting firm located in the City of Santa Ana. We have been in business for 25 years and employee 20 professionals. Our client list exceeds 1000 and includes both the public and private sectors. We have performed work for nearly all the Cities in Orange County as well as the County itself. Our specialty is traffic engineering, both operations and design, as well as transportation planning and parking. We have in fact provided parking services to the City, albeit indirectly through private clients. An example of the type and quality of our work was the recent Home Depot Repair and Supply Facility on East 4s' Street. We have reviewed the contractual and insurance requirements for the City and we have no issue therewith. We are enclosing a copy of our current standard hourly rates, which would be applied to this contract. We currently provide on -call traffic engineering and parking consulting services on an as needed basis for the Cities of La Habra, Laguna Niguel, Huntington Beach and Newport Beach. You many contact any of them for a reference. We will be pleased to provide you with names and phone numbers of these references as well as others if you wish. We hope to be selected for inclusion on your listing and look forward to working with you. As we indicated, we have been located in Santa Ana for our entire 25 year history. If you have any questions, please call. 07CityofSantaAnaS0Q.doc 2223 Wellington Avenue, Suite 300 • Santa Ana, California 92701 -3161 Tel: (714) 667 -0496 Fax: (714) 667 -7952 www.austinfoust.com EXHIBi Austin -Foust Associates, Inc. QUALIFICATIONS AND EXPERIENCE The firm of Austin -Foust Associates, Inc. (AFA) provides a broad range of consulting services in the area of traffic engineering and transportation planning. Clients served include public and private entities throughout southern California, with services ranging from special studies directed at specific problems to comprehensive projects involving all facets of transportation and traffic engineering. The principals of the firm, Terence W. Austin and Joe E. Foust and their professional support staff, have extensive backgrounds in all aspects of traffic engineering and transportation planning. Their knowledge and experience enable the firm to provide clients with a high level of expertise in preparing traffic studies and presenting creative transportation solutions. The firm has been providing these professional services for over 25 years. Staff members are familiar with transportation related databases throughout the region and have had considerable experience with both local area and regional travel patterns and the supporting transportation infrastructure. Areas of expertise provided by AFA are as follows: Land Use/Transportation Planning AFA is highly qualified in the area of transportation planning. The firm uses state -of- the -art traffic forecasting procedures in relating land use to transportation demand, and the firm's planning experience ranges from detailed local area applications to comprehensive regional studies. As part of this work AFA assists in various related activities including land use /transportation balance, multi -modal transportation systems, environmental resources, and issues such as traffic demand, air quality, and the effects of growth and change on a community. Circulation Analysis Circulation analyses are one of AFA's specialties, with applications ranging from General Plan Circulation Element preparation to specific studies addressing existing and/or future transportation needs. The firm applies state -of- the -art traffic forecasting and analysis tools to generate customized solutions. Graphic illustrations and traffic simulations communicate complex traffic issues to technical staff and decision makers. Design The firm has an in -house design group with experience in various aspects of roadway design. This includes new roadways and major roadway reconstruction projects, highway widening and resurfacing, intersection improvements, intelligent transportation systems and signal system design. EIR Traffic Analysis A significant amount of AFA's traffic analysis work is directed towards EIR preparation. The firm is well experienced in the requirements of such studies and has participated in many successful EIR preparation efforts. Traffic Operations Traffic operations evaluations are a major area of AFA's expertise, with applications ranging from system -wide analyses to construction zone planning. The firm uses state -of- the -art simulation tools to develop solutions and present findings for decision makers. Transportation System Management/Transit The firm has prepared Transportation System Management Plans for a variety of existing and future developments, and has been involved in various multi -modal studies. EXHIBIT B CONSULTANT'S FEE SCHEDULE Mw A r WAL/ST /N -FOUST ASSOCIATES, /NC. TRAFFIC ENGINEER /NG AND TRANSPORTATION PLANNING Effective January 1, 2007 — December 31, 2007 AUSTIN -FOUST ASSOCIATES, INC. STANDARD RATE SCHEDULE CATEGORY HOURLY RATE Principal $175 Associate $140-$160 Transportation Engineer $100-$130 Transportation Planner $75-$110 Transportation Analyst $75-$120 Design Engineer $110 Design Drafter $75 Technical/Clerical $70-$75 Direct expenses billed as actual costs 2223 Wellington Avenue, Suite 300 • Santa Ana, California 92701 -3161 Tel: (714) 667 -0496 Fax: (714) 667 -7952 www.austinfoust.com EXHIBIT B 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 IC Client #: 5091 CERTIFICATE OF LIABILITY INSURANCE o7124/oi °�"' ACORDTa PRODUCER Dealey, Renton 8 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 INSURED Austin Foust Associates, Inc. 2223 Wellington Ave., #300 - INSURER A: United States Fidelity 8 Guaranty INSURER B. St. Paul Protective Insurance Co. INSURER C: Liberty Insurance Underwriters, Inc. INSURER D' — Santa Ana, CA 92701 INSURER E 08115106 COVERAGES THE ANY MAY POLICIES. INBR LTR POLICIES OF INSURANCE LISTED REQUIREMENT, TERM OR CONDITION PERTAIN, THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN TYPE OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER BY THE POLICIES DESCRIBED HEREIN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER NAMED ABOVE DOCUMENT WITH IS SUBJECT POLICY EFFECTIVE 0 M NY FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, POLICY EXPIRATION DA M DM PERIOD INDICATED. THIS CERTIFICATE MAY EXCLUSIONS AND CONDITIONS LIMITS NOTWITHSTANDING BE ISSUED OR OF SUCH 06/15/07 EACH OCCURRENCE $1 U00 0�0 A GENERAL LIABILITY X�COMMERCIAL GENERAL LIABILITY =CLAIMS MADE I-XI OCCUR BK01261229 08115106 FIRE DAMAGE (Any on. fire) $300000 MED EXP (Anyane person) $10000 PERSONAL B ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 -- PRODUCTS - COMPIOP AGG $2 000 000 — GEN'L AGGREGATE LIM ITAPPLIES PER: A PRO POLICY T LOC AUTOMOBILE LIABILITY BKO1261229 08/15/06 06115/07 COMBINED SINGLE LIMIT (Fe accident) 0,000 ANY AUTO T$1 ALL OWNED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS X HIRED AUTOS � y:Z� ,,L4 �P: i Y,S ^^ TT,�{{ YO r0nJVl BODILY INJURY (Per accident) $ X NON -OWNED AUTOS / ..I LOC;JOy PROPERTY DAMAGE (Per accitlenq $ AUTO ONLY - EA ACCIDENT S _ GARAGE LIABILITY ANY AUTO j As yY .,I... ., islaat Ctt}' A OTHER THAN EAACC AUTO ONLY: AGG $ $ A I EXCESS LIABILITY JOCCUR t CLAIMS MADE lf— SK01261229 08115/06 06115107 EACH OCCURRENCE $4 000 000 AGGREGATE $4 000 000 8 $ DEDUCTIBLE RETENTION $ B WORKERS COMPENSATION AND I EMPLOYERS' LIABILRY BW02194571 09/01/06 09/01107 WC STATU- OTH- X I � E.L. EACI4 ACCIDEIII' 51,000,000 .. E.L. DISEASE -EA EMPL OVEE $1,000,000 E.L. DISEASE - POLICY 1 WIT $1,000,000 C OTHER Professional ',Liability AEE2001410107 03125107 03125/08 $1,000,000 per claim - $2,000,000 annl aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES )EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are named additional insured as respects general liability for claims arising from the operations of the named insured. (See Attached Descriptions) I-- 0--f nF Premium City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza P.O. Box 1988 M -20 Santa Ana, CA 92701 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WINXRXXX 7Plc TO MAIL 30— DAYSWRITTEN NOTICE TOTHE CERTIFICATE H OLDER NAM ED TOTH E LEFTXVAtXiW(9 XKK) CCOO1L4GX TLV ACORD CORPORATION 1998 ACORD 25S (7197)1 of 2 #S7990221M188969 © DESCRIPTIONS (Continued from Page 1) Separation of Insureds: Except with respect to the Limits of Liability in this Liability Coverage Part and any rights or duties specifically assigned in this Liability Coverage Part to the first Named Insured, this insurance applies: a. As If each Named Insured were the only Named Insured; and b. Separately to each insured against whom the claim is made or suit is brought. I AMS 25.3 f0719712 of 2 #5199022/M188969 Named Insured: Austin Foust Associates, Inc. Policy Number: BKO1261229 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, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are named 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 - Srheduled 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" to: (a) Property owned, used or occupied by or loaned or rented to such person or organization; CUBF 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 2240 tt 02 copyrighted Includes co ri hted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright, Insurance Services Offce, Inc., 2001 Policy Dumber. Liability Coverage Enhancement - Architects and Engineers THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsementmodifies insurance provided under the following: LIABILITY COVERAGE PART. 1_ 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 (Named 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 INSURED, 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". 3. The following is added to SECTION II. WHO IS AN "personal injury" or "advertising injury" INSURED: that does not arise out of: CUeP 26 69 09 03 Includes capyrighted material of Insurance Services Office with its permission. Page 1 of 3 copyright, Insurance Services ofi:ce, tnc. 2001 'Unnamed Joint Venture" You are an insured for your participation in any pastor present "unnamed joint venture ". However, you are not an insured if the "unnamed joint venture" has: a. Directempioyees ; 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.: It. Will apply separately to the sum of all: (1) Damages because of "bodily injury" and "property darnage ", 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 ". arid 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.: (a) Paragraph h. Certain Additional Insureds By Contract or Agreement, or (b) Persons Or Organizations Required By Written Contract, 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, 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, B. 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 11. WHO IS AN INSURED, 2.: a. Because of payments we make for "bodily injury', "property damage', "personal injury" or "advertising injury' arising out of "your work" in ongoing operations or included in the "products - completed operations hazard ", and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is committed: and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization- & The following are if you specifically agree, in that written DEFINITIONS: contract or agreement, that this insurance must be primary to, and non- contributory with, such "other a/ar2609 09 03 In lu9es col iyi4e0 maletial of Insurance Selviees office wilt' its pannission Copyr'ghi. Insurance Sevices of ice, Ira. 2001 added to SECTION V. Pace 2 fit 3 "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 b. That joint venture is not named in the Liability Coverage Part Declarations. "Your premises` means any premises, site, or location owned or occupied 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. Does not include "your premises" or any location listed in the Schedule of Premises - All other terms of your policy remain the same. C4'Ar 26 09 09 07 Inc vies cnpi rimed n.ataral of Insuanre Sery +ces Office Willi M permissinr-_ Page 3 of 3 Copyright, Insurance Sarviees Utfsce. ;rc. 2001 uiienuv ova I Aua I Irl.JUa ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE( M/ D/YY) PRODUCER TYPE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates 199 S Los Robles Ave Ste 540 POLICY EXPIRATION DATE MM /DD/YY 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 68031461_576 08/15/07 08/15/08 6268"-3070 $1,000,000 FIRE DAMAGE (Any one fire) INSURERS AFFORDING COVERAGE INSURED Austin Foust Associates, Inc. 2223 Wellington Ave., #300 Santa Ana, CA 92701 X COMMERCIAL GENERAL LIABILITY INSURER A: Travelers Indemnity Co. of Connectic INSURER B: Travelers Property Casualty Co of Am INSURER C: Liberty Insurance Underwriters, Inc. INSURER D: INSURER E: s5,000 PERSONAL & ADV INJURY 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. NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MM /DD/YY LIMITS • GENERAL LIABILITY 68031461_576 08/15/07 08/15/08 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $300,000 AUTHORIZED REPRESENTATIVE n X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 41 OCCUR MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS - COMP /OPAGG s2,000,000 POLICY X PRO- LOC • AUTOMOBILE LIABILITY ANY AUTO BA515OL770 08115/07 08/15/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS LIABILITY CUP6911 Y974 08/15/07 08/15/08 EACH OCCURRENCE s4,000,000 X OCCUR FI CLAIMS MADE AGGREGATE s4,000,000 $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB7096Y659 09/01/07 09/01/08 X WC STAT O R .TORY LIMIT S MR $1,000,000 E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional AEE2001410107 03125/07 03/25/08 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are named additional insured as respects general liability for claims arising from / r the operations of the named insured. (See Attached Descriptions) torKIIrILAIr- rIVLUrK I I AD DITIONAL INSURED; INSURER LETTER: CANCELLATION Ten Day Notice for Non-Payment of Premium SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WIKx6j%)M%)M TO MAIL 30 DAYSWRITEN Attn: Tonia Zerba NOTICE TOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT,X x 20 Civic Center Plaza >:RxeNa xlmaoc;lr>rec P.O. Box 1988 M -20 x�otxec Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE n ACORD 25-5 (7/97)1 of 2 #M202426 MILE © ACORD CORPORATION 1988 . DESCRIPTIONS (Continued from Page 1) SEVERABILITY OF INTERESTS (Per CG 00 01 10 01) Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. /� �z1� AMS Za.a (u flu i)1 OT Z FFMZO2426 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6803146L576 ISSUE DATE: 08/29/07 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 Attn: Tonia Zerba 20 Civic Center Plaza P.O. Box 1988 M -20 Santa Ana, CA 92701 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: r 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): 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 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 CG D3 82 09 06 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" 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. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are named additional insured as respects general liability for claims arising from the operations of the named insured. Separation of Insureds: Except with respect to the Limits of Liability in this Liability Coverage Part and any rights or duties specifically assigned in this Liability Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom the claim is made or suit is brought. Page 2 of 2 2006, The St. Paul Travelers Insurance Companies, Inc. CG D3 82 09 06 L.NCITIe: 0UV MuO I Iruuo DATE ACORDTM CERTIFICATE OF LIABILITY INSURANCE 03/24/080m) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PR D ODUCE Renton 8 Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 199 S Los Robles Ave Ste 540 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91101 INSURERS AFFORDING COVERAGE 626 844 -3070 INSURED INSURER A: Travelers Indemnity Co. of Connectic _ Austin Foust Associates, Inc. INSURER B: Travelers Property Casualty Co of Am _ 2223 Wellington Ave., #300 INSURER C: Liberty Insurance Underwriters, Inc. Santa Ana, CA 92701 INSURER D: 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. - _ LTR A _ TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR —" POLICY NUMBER 6803146LS76 POLICYEFFECTIVE DATE MM /DDm 06/15/07 POLICY EXPIRATION DATE MM /DDm 08/15/08 LIMITS EACH OCCURRENCE $110001000 FIRE DAMAGE (my one fire) $300000 MED EXP (Any one person) s5000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2 OOO OOO PRODUCTS - /OP AGG $2000,000 _ GEN'L AGGREGATE LIM ITAPPLIES PER: POLICY X EOT LOD _COMP A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA515OL770 08/15107 06115106 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ $ OTHER THAN EA ACC AUTO ONLY: AGG $ B A EXCESS LIABILITY X OCCUR El CLAIMS MADE DEDUCTIBLE RETENTION $ I WORKERS COMPENSATION AND EMPLOYERS'LIABILITY CUP6911Y974 IUB7096Y659 08/15107 09/01/07 06115106 09101/06 EACH OCCURRENCE $4 000 000 AGGREGATE s4,000,000 WC STATU- OTH- X T R I NT PER _ E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER professional !ability AEE2001410108 03125/08 03/25/09 $1,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS ILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are named additional insured as respects general liability for claims arising from the operations of the named insured. (See Attached Descriptions) City of Santa Ana Attn: Tonic Zerba 20 Civic Center Plaza P.O. Box 1988 M -20 Santa Ana, CA 92701 SHOULD ANYOF TH EABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WI I)=TO MAIL 3D---- DAYS WRITTEN NOTICE TOTHE CERTIFICATE H OLD E R NAM ED TO TH E LEFT,xKKxNXW8IXI1DD1D2Q0=K ACORD 25S (7197)1 of 2 #M221117 SSP a ACORD CORPORATION DESCRIPTIONS (Continued from Page 1)_ SEVERABILITY OF INTERESTS (Per CG 00 01 10 01) Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against wham claim is made or suit is brought. 75 s 1719712 of 2 #M221117 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6803146LS76 ISSUE DATE: 03/24/08 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 Attn: Tonia Zerba 20 Civic Center Plaza P.O. Box 1988 M -20 Santa Ana, CA 92701 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" or "property damage" occurs, or the "personal in- jury" offense is committed. 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. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are named additional insured as respects general liability for claims arising from the operations of the named insured. Separation of Insureds: Except with respect to the Limits of Liability in this Liability Coverage Part and any rights or duties specifically assigned in this Liability Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom the claim is made or suit is brought. Page 2 of 2 2006, The St. Paul Travelers Insunance Companies, Inc. CG D3 82 09 06 rrr__+w- rnoi A - pa'. G' 7-/5s AI IQTIGAI IC ACORD. CERTIFICATE OF LIABILITY INSURANCE NSR TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE D 08/18/ 8 /18/ 08 8D/YY) PRODUCER A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton 8r Associates 08/15/08 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 HOLDER. ALTER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91101 FIRE DAMAGE (Any one fire) $1,000,000 626 844 -3070 $10,000 PERSONAL & ADV INJURY INSURERS AFFORDING COVERAGE INSURED Austin Foust Associates, Inc. 2223 Wellington Ave., #300 Santa Ana, CA 92701 INSURERA: Travelers Indemnity Co. of Connectic INSURER B: Travelers Property Casualty Co of Am INSURER C: Liberty Insurance Underwriters, Inc. INSURER D: INSURER E: M1911I a: fix rl:&� 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. NSR TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE D POLICY EXPIRATION DATE MM DD [YY1 LIMITS A GENERAL LIABILITY 68031461_576 08/15/08 08/15/09 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx_] OCCUR FIRE DAMAGE (Any one fire) $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $11,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY X PRO LOC A AUTOMOBILE LIABILITY ANY AUTO BA515OL770 08/15108 08/15109 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS LIABILITY X OCCUR F-1 CLAIMS MADE CUP6911Y974 08/15108 08/15109 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 DEDUCTIBLE X RETENTION $O $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB7096Y659 09/01/08 09/01/09 X WC STATU- I IOTH- LIMITS I I ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE _ $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional AEE2001410108 03/25/08 03/25/09 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are named additional insured as respects general liability for claims arising from the operations of the named insured. City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza P.O. Box 1988 M -20 Santa Ana, CA 92701 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WlNXWII=X= TO MAIL 30 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMEDTOTHELEFT,)W K ^�� ^� %"—ri or -I iFMZ34blU MILE © ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 68031461-576 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 08/15/08 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;Attn: Tonia Zerba 20 Civic Center Plaza; P.O. Box 1988 M -20 Santa Ana, CA 92701 -0000 PROJECT /LOCATION OF COVERED OPERATIONS: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products- completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. CG D3 82 09 07 The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services ". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Page 1 COMMERCIAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available 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 additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (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 CG D3 82 09 07 injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under 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 insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense 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. © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Page 2