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HomeMy WebLinkAboutWIELAND ASSOCIATES, INC.U City of Santa Ana A Clerk of the Council AGREEMENT TERMINATION V11 22 P f-- is Please complete this form when the attached agreement is no longer 4 in effect. Return form to the Clerk of the Council Office (M-30). CITY Y - A Call 647-5237 if you have ny questions. ), � _ s UNCIL _ C W O� LA '��i_1{s s r. Pa l�------------ -------------------------------- The agreement with No. �A = V11 /lam" was completed on and final payment has been made. Department: Phone/Ext.: Signature: Date: Revised 07-23-07 �/3b/aS 16a- r INSURANCE ON FILE A-2007-170 WORK MAY PROCEED UNTIL INSURANCE EXPIRES Q -025'0 CLERK OF COUNCIL-AUGCONSULTANT AGREEMENT DATE: A2 9 2007 o •PEA Cz) Tonic, Zer' gTHIS AGREEMENT, made and entered into this 18th day of June, 2007 by and between WIELAND 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"). 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 noise and vibration 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 project budget approved by the Executive Director as set forth in Section 1, above, which shall be based on 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. 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: Executive Director of Planning and Building and 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: Wieland Associates, Inc. Roberta R. Wieland 2691 Richter Avenue, Suite 107 Irvine, CA 92606 Telefacsimile: (949) 474-9122 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: Lm �C-/ Lau4 Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager WIELAND ASSOCIATES, INC. t /r �Q'—Q ROBERTA R. WIEELAND President ;>j Tax ID#- �k-1�i31 Wieland Associates, Inc. Acoustical Consultants May 22, 2007 Mr. Pedro Guillen City of Santa Ana Planning Division 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Dear Mr. Guill6n: Proposal File P1544-07 Thank you for including us in your Request for Qualifications for Environmental Consultants. We understand that these services will require the assistance of a competent, experienced acoustical consultant, and in that regard we are pleased to provide you with the attached Statement of Qualifications (SOQ). Your contact for these services will be: Mr. David L. Wieland, Principal Consultant Wieland Associates, Inc. 2691 Richter Avenue, Suite 107 Irvine, CA 92606 949/474-1222 As requested in your RFQ, I declare that the only person, persons, company or parties interested in this SOQ as principals are named herein; that the SOQ is made without collusion with any other person, persons, company or parties submitting an SOQ; that it is in all respects fair and in good faith without collusion or fraud; and that I have full authority to bind Wieland Associates, Inc. We look forward to working with you and are committed to providing professional, high -quality consulting services for all your acoustics needs. Sincerely, WIELAND ASSOCIATES, INC. Roberta R. Wieland EXHIBIT A President 2691 Richter Avenue, Suite 107 Tel: (949) 474 1222 Irvine, CA 92606 www.wielandassoc.com Fax: (949) 474 9122 IJ WAI STATEMENT OF QUALIFICATIONS TO PERFORM ACOUSTICAL CONSULTING SERVICES Proposal P1544-07 May 22, 2007 Prepared for: City of Santa Ana Planning Division 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Prepared by: Wieland Associates, Inc. 2691 Richter Avenue, Suite 107 Irvine, CA 92606 Tel: 9491474-1222 Fax: 9491474-9122 www. wielandassoc. com WA Wieland Associates, Inc. PROPOSAL On -Call Acoustical Consulting Services Introduction Wieland Associates, Inc., founded in February 1998, has quickly established a reputation for the competent, cost-effective resolution of noise issues by providing high quality consulting services. At Wieland Associates, we conduct noise and vibration testing, monitoring and assessments for a wide variety of clients, including engineering firms, planners, and local and State government agencies. We work closely with our clients to achieve a narrowly tailored, cost-effective solution to meet their needs. At the same time, we provide exceptional flexibility and responsiveness to get the job done. We have the experience and expertise to resolve complex assignments in a timely manner while still achieving the degree of specificity our clients demand. Our staff of five (including three acoustical consultants) is adequate to support your needs, and the firm's strength, stability and financial condition as a business concern are excellent. We will not use subcontractors to perform your work. The instrumentation required to perform an acoustical study is owned and operated by Wieland Associates. Such instrumentation includes the following precision, calibrated equipment: • Sound level meters, for measuring weighted and unweighted sound levels, • Accelerometers for measuring ground vibration levels, • Real-time analyzers, for measuring 1/3-octave band noise and vibration spectra, and • Graphic level recorders, to provide a physical display of the measured sound and vibration levels. Certificates of instrument calibration are available as required to support the work effort. Wieland Associates has also fully implemented the following models on its computers: • The Federal Highway Administration's (FHWA's) highway traffic noise prediction model (FHWA-RD-77-108) • The State of California Department of Transportation's (Caltrans') Sound32 traffic noise model • Wyle Laboratories' railroad and rail yard noise prediction model (WCR 73-5) • The Federal Transit Administration's (FTA's) General Transit Noise Model developed by HMMH, Inc. • The Wheel/Rail Noise Control Model developed by the American Public Transit Association (APTA) • The Helicopter Noise Model developed by the Federal Aviation Administration In addition, we have developed 3-D acoustical models for projects that involve multiple sources and receivers. This model has been successfully used on several large-scale projects, including the proposed Groundwater Replenishment Facility in Fountain Valley, CA. CITY OF SANTA ANA 7 Proposal Fite P1544-07 May 22, 2007 W-A Wieland Associates, Inc. Description of Approach PROPOSAL On -Call Acoustical Consulting Services At Wieland Associates, our standard approach to an environmental noise study includes the following elements. 1. A review of local, State and Federal noise standards to develop appropriate thresholds of significance. 2. A survey of the study area to identify the noise -sensitive land uses as well as the noise sources in the area. 3. Ambient measurements on and in the vicinity of the project site to identify the existing noise environment. 4. An analysis and assessment of impact for the existing noise environment. 5. Noise measurements of equipment or facilities that are similar to the proposed project. 6. An analysis and assessment of impact for the future noise environment with and without the project and project alternatives (including potential short-term construction noise impacts). 7. Identification of appropriate mitigation measures by which the noise impacts may be reduced to a level of insignificance. 8. Preparation of a screencheck draft, administrative draft and final reports. 9. Response to comments. 10. Attendance at meetings with City staff, and/or attend public meetings as necessary to support the work effort. Typically, the above scope of work can be completed within four to six weeks of our receipt of the information necessary to conduct our study (e.g., project description, a traffic study, maps of the study area, operational scenarios, etc.) Our staffing and workload are adequate to support your project, and the firm's strength, stability and financial condition as a business concern are excellent. We are available to work on your project at your convenience. Experience and Representative Projects At Wieland Associates, we provide noise assessments, noise control studies, testing, and design services for all types of municipal, residential, commercial and industrial projects. The following provides a brief listing of representative CEQA noise study projects over the last five years: Project Name: Year Completed: Company: Contact: Victorville West Wal-Mart CEQA Noise Study 2007 Applied Planning Mr. Ross Geller, 909/937-0333 CITY OF SANTA ANA 2 Proposal File P1544-07 May 22, 2007 s Wieland Associates, Inc. Acoustical Consultants Fee Schedule Labor Wieland Associates, Inc., bills for labor on an hourly basis per the following schedule: Classification Hourly Rate Principal Consultant $120.00 Senior Consultant $95.00 Senior Associate Consultant $85.00 Associate Consultant $75.00 Technician $55.00 Graphic Artist $55.00 Word Processor $45.00 Expenses All expenses are billed to the client at cost plus 10%. Mileage is invoiced at the rate of $0.50 per mile. 2691 Richter Avenue, #107 Tel: (949) 474 1222 Irvine, CA 92606 www.wielandassoc.com Fax: (949) 474 9122 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 ACORD. CERTIFICATE OF LIABILITY INSURANCE 07/30/o;°"Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A: United States Fidelity & Guaranty Wieland Associates Inc INSURER B: Travelers Casualty Ins. Co. of Ameri 2691 Richter Avenue Suite 107 INSURER c: Everest National Insurance Company Irvine, CA 92606 INSURER D: INSURER E: CnVFRAGFS 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 AT MM DD POLICY EXPIRATION DATEM DD LIMITS A GENERAL LIABILITY BKO1907217 09/25/06 09/25/07 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $300000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR General liability excludes claims MED EXP (Any one person) $10 000 PERSONAL &ADV INJURY $1,000,000 rising out of the GENERAL AGGREGATE s2,000,000 performance of GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG s2,0001000 professional POLICY F PRO- JECTLOC services. A AUTOMOBILE LIABILITY ANY AUTO BKO1907217 09/25/06 09/25/07 COMBINED SINGLE LIMIT (Ea accident) $1 000,000 r BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS 1$ X BODILY INJURY (Per accident) HIREDAUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS LIABILITY X OCCUR CLAIMS MADE BKO1907217 09/25/06 09/25/07 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND XSUB5691Y64907 04/01/07 04/01/08 X WC STATU- OTH. ORYLIMITS I I ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPL OYEEI $1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 C OTHER Profl. Liab 48AE000826071 03/16/07 03/16/08 $1,000,000 Per Claim laims Made $1,000,000 Aggregate etro: 3/16/98 1 1 1 $ 0 Deb r Claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Environmental services and Technical Studies Agreement The City of Santa Ana, its officers, agents, volunteers and employees are / additional insureds on General Liability policy as required by written - - contract. City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza P O Box 1988 M-20 Santa Ana, CA 92702 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Wlq(,j(x= TO MAIL 30DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, K REPRESENTATIVE ACORD 25-S (7/97)1 of 1 #S199455/M188311 CAB © ACORD CORPORATION 1988 .Policy' [dumber. BKO1907217 WIELAND ASSOCIATES, INC. 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, 1. The following replaces the final paragraph of SECTION Ill. 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", "personal injury" or "advertising injury" 3. The following is added to SECTION N. WHO IS AN that does not arise out of: INSURED: L/BF 26 09 09 03 inctudes copyrighted materia, of insurance Services Office with its permission. Page 1 of 3 Copyright, 'insurance Services office, inc. 2001 i "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. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed joint venture" is an insured. 4. The following replaces SECTION III. LIMITS OF LIABILITY, 2. b.: b. Will apply separately to the sum of all: 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: 7. (1) Damages because of "bodily injury" and "property damage", under SECTION 1._� COVERAGE, A. Liability above, and (2) Medical payments for "bodily injury", under SECTION 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, 1 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 of Agreement; or (b) Persons Or Organizations Required By Written Contract; 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". 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 It. 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. if you specifically agree, in that written 8. The following are contract or agreement, that this DEFINITIONS: insurance must be primary to, and non- contributory with, such "other CUer 26 09 lL° 03 inaudes copyrighted mated-w of snsurance Services Office with its permissinn. Copyright, insurance iervices Office, mc. 2001 added to SECTION V. Page 2 of "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. LIT 26 09 09 03 Includes copyrighted material of insurance Services Office with its permission. Page 3 of 3 Copyright, insurance Services Office, Inc. 2001 ACORN- CERTIFICATE OF LIABILITY INSURANCE 0DATE (MM/D 7/30/07DNY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton 8r Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana, CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 714 427-6810 INSURERS AFFORDING COVERAGE INSURED Wieland Associates Inc 2691 Richter Avenue Suite 107 Irvine, CA 92606 L.UVtKA"tb INSURER A: United States Fidelity 8r Guaranty INSURER B: Travelers Casualty Ins. Co. of Ameri INSURER c: Everest National Insurance Comoan INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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 M POLICY EXPIRATION AT MM DD LIMITS A GENERAL LIABILITY BKO1907217 09/25/06 09/25/07 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx7 OCCUR General liability excludes claims FIRE DAMAGE (Any one fire) $300000 MED EXP (Any one person) $10000 PERSONAL & ADV INJURY $1 000 000 rising out of the GENERAL AGGREGATE s2,000,000 performance of GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS - COMP/OP AGG $2 000 000 professional POLICY jECTPRO LOC services. A AUTOMOBILE LIABILITY ANY AUTO BKO1907217 09/25/06 09/25/07 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS 1X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC _ $ ANY AUTO $ AUTO ONLY: AGG A EXCESS LIABILITY X OCCUR CLAIMS MADE BKO1907217 09/25/06 09/25/07 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND XSUB5691Y64907 04/01/07 04/01/08 X WC STATU- CER EMPLOYERS' LIABILITY 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 Profl. Liab 48AE000826071 03/16/07 03/16/08 $1,000,000 Per Claim laims Made $1,000,000 Aggregate etro: 3/16/98 $5,000 Ded per Claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Environmental services and Technical Studies Agreement The City of Santa Ana, its officers, agents, volunteers and employees are additional insureds on General Liability policy as required by written contract. / City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza P O Box 1988 M-20 Santa Ana, CA 92702 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES B E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIWXMrAtXM TO MAIL30 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT,x K REPRESENTATIVE AI,UKU ZD-a (//ai)1 of 1 #S199455/M188311 CAB 0 ACORD CORPORATION 1988 Policy Number BKO1907217 WIELAND ASSOCIATES, INC. 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. 1 _ The following replaces the final paragraph of SECTION 11. 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 IL 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 tailure to render, any "professional service", when such person or organization is an architect, engineer or surveyor. (1) "Bodily injury", "property damage", "personal injury" or "advertising injury" 3. The following is added to SECTION ii. WHO IS AN that does not arise out of: INSURED: CL/BF 26 09 09 03 inciudes copkTighted material of insurance Services office with its permission. Page t of 3 Copyright, insurance Services Office, Inc. 2001 "Unnamed Joint Venture" You are an insured for your participation in any past or present "unnamed joint venture". However, you are not an insured if the "unnamed jointventure" has: a. Direct employees; or h. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamedjoint venture" is an insured. 4. The following replaces SECTION III. LIMITS OF LIABILITY, 2. b.: b. Will apply separately to the sum of all: 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: 7. (1) Damages because of "bodily injury' and 1. property damage", under SECTION I. COVERAGE, A. Liability above; and (2) Medical payments for "bodily injury", under SECTION 1. COVERAGE, B. Medical Payments above; arising out of each location listed in the Schedule of Premises or each of "your projects"; and 5. The following replaces SECTION IV. CONDITIONS, 5. "Other Insurance", a.. Primary Insurance, {2'): 12) 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.: Ia) Paragraph h. Certain Additional Insureds By Contract w Agreement; or (b) Persons Or Organizations Required By Written Contract; 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 jointventure". 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 IL 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. if you specifically agree, in that written 8. The following are contract or agreement, that this DEFINITIONS: insurance must be primary to, and non- contributory with, such "other CUar 26 09 09 03 includes copyrighted material of insurance services office with its permission. Copyright, insurance Services office, inc. 700' added to SECTION V. Page 2. of 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. CL/F 26 09 09 03 includes copyrighted materia, of insurance Services office with its permission. Page 3 of 3 Copyright, insurance Services Office,Jne. 2o[ft I - • DATE ACORD.M CERTIFICATE OF LIABILITY INSURANCE 07/30/07Drn, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana, CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A: United States Fidelity & Guaranty Wieland Associates Inc INSURER B: Travelers Casualty Ins. Co. of Ameri 2691 Richter Avenue Suite 107 Irvine, CA 92606 INSURER c: Everest National Insurance Company INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M DD POLICY EXPIRATION ATE MM DD LIMITS A GENERAL LIABILITY BKO1907217 09/25/06 09/25/07 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR General liability excludes claims FIRE DAMAGE (Any one fire) $300QQQ MED EXP (Any one person) $10QQQ rising out of the PERSONAL &ADV INJURY $1 QQQ QQQ performance of GENERAL AGGREGATE $2 QQQ QQQ GEN'L AGGREGATE LIM ITAPPLIES PER: POLICY JECTPRO- LOC professional services. PRODUCTS -COMP/OPAGG $2 00O 000 A AUTOMOBILE LIABILITY ANY AUTO BKO1907217 09/25/06 09/25/07 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY X OCCUR CLAIMS MADE BKO1907217 09/25/06 09/25/07 EACH OCCURRENCE s4,000,000 AGGREGATE $4 QQQ QQQ DEDUCTIBLE RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYE.L. XSUB5691Y64907 04/01/07 04/01/08 X WCSTATU- OTH- 9$1,00=0,000 EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT I $1,000,000 C OTHER Profl. Liab laims Made etro: 3/16/98 48AE000826071 03/16/07 03/16/08 $1,000,000 Per Claim $1,000,000 Aggregate $5,000 Ded per Claim DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Environmental services and Technical Studies Agreement The City of Santa Ana, its officers, agents, volunteers and employees are additional insureds on General Liability policy as required by written Cor contract. City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza P O Box 1988 M-20 Santa Ana, CA 92702 SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIKX TO MAIL 30DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,"k REPRESENTATIVE 7 7 --'-- -- -- 1.• r 1 Ur I CAB G ACORD CORPORATION 1988 Policy Number: BKO1907217 WIELAND ASSOCIATES, INC. Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement mod ifies 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 persons 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: (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. 3. The following is added to SECTION II. WHO IS AN INSURED: CJBr 26 09 09 03 lnLlurles copyrighted material of Insurance services Office wah 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 joint venture". However, you are not an insured if the "unnamed joint venture" has: a. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamed joint venture" is an insured. 4. The following replaces SECTION 111. LIMITS OF LIABILITY, 2. b.: b. Will apply separately to the sum of all: 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: 7. (1) 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 INSURED, 2.: (a) Paragraph h. Certain Additional Insureds By Contract or Agreement; or (b) Persons Or Organizations Required By Written Contract; 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". 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 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. if you specifically agree, in that written 8. The following are contract or agreement, that this DEFINITIONS: insurance must be primary to, and non- contributory with, such "'other Ci!°t 2609 09 03 rcudes copyrighted materiai of insurance Services Office witlj it, permission. Copyrighl, insurance Services office. ,nc. 200 added to SECTION V. Page 2 013 "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. C.J9z 26 09109 03 lncitifes copyrighted rniteria= of insurance Services Office w th as permission. Page 3 of 3 Copyr:ght.'snsurance services Office. inc. 2001 z !_linn4it• RSZO ACORDTM CERTIFICATE OF LIABILITY INSURANCE 0DATE 9/24/07Dm) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 Santa Ana, CA 92711-0550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 714 427-6810 INSURERS AFFORDING COVERAGE INSURED Wieland Associates Inc 2691 Richter Avenue, Suite 114 Irvine, CA 92606 INSURER A: The Travelers Indemnity Co of CT INSURER B: Travelers Property Casualty INSURERc: Travelers Casualty Ins. Co. of Ameri INSURER D: Everest National Insurance Company INSURER E: COVFRCBFS 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 POLICY EXPIRATION DATE M LIMITS A GENERAL LIABILITY 6804854L855TCT07 09/25/07 09/25/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE IF7X OCCUR General liability excludes claims FIRE DAMAGE (Any one fire) $300000 MED EXP (Any one person) $5 000 PERSONAL BADV INJURY $1 000 000 rising out of the GENERAL AGGREGATE s2,000,000 performance of GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS -COMP/OPAGG $2 000 000 professional POLICV JECT PRO LOC services B AUTOMOBILE LIABILITY ANY AUTO BA5074LS2407GRP 09/25/07 09/25/08 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) $ 2 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG B EXCESS LIABILITY X OCCUR CLAIMS MADE XSFCUP7228Y347TIL0 Following Form 09/25/07 09/25/08 EACH OCCURRENCE s4,000,000 AGGREGATE s4,000,000 Excludes Profl. $ $ DEDUCTIBLE Liability $ RETENTION $ Ci WORKERS COMPENSATION AND XSUB5691Y64907 04/01/07 04/01/08 X WC STATU- OTH- LIMITSIQBY EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000 000 D OTHER Profl. Liab 48AE000826071 03/16/07 03/16/08 $1,000,000 Per Claim laims Made $1,000,000 Aggregate etro: 3/16/1998 $5.000 Ded per Claim DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Environmental services and Technical Studies Agreement The City of Santa Ana, its officers, agents, volunteers and employees are additional insureds on General Liability policy as required by written contract. City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza P O Box 1988 M-20 Santa Ana, CA 92702 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIkxkX=x= TO MAIL DAYSWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,JS=K REPRESENTATIVE iauUKU ca-a (iroi/1 of 1 #S205113/M205097 CAB 0 ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED (Section II) is amended to include any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Cover- age Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If the injury or damage arises out of the per- formance, by you or your subcontractor, of "your work" to which the "contract or agree- ment requiring insurance" applies. Such per- son 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 on any basis to any person or organization for which cover- 4. age as an additional insured specifically is added by another endorsement to this Cover- age Part. b. This insurance does not apply to the render- ing of or failure to render any "professional services". c. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in that "contract or agree- ment requiring insurance", 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 111) for this Coverage Part. 3. 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 the insurance provided to an additional insured under this Cov- erage 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 addi- tional 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". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. 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 any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. S. As respects the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): CG D3 81 09 06 m 2006, The St. Paul Travelers insurance Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 007246 COMMERCIAL GENERAL LIAmILITY "contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" 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. All other terms of your policy remain the same. Page 2 of 2 ® 2006, The St. Paul Travelers Insurance Companies, Inc. CG D3 81 09 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACOR . CERTIFICATE OF LIABILITY INSURANCE 03105108om) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427.6810 INSURERS AFFORDING COVERAGE INSURED Wieland Acoustics, Inc 2691 Richter Avenue, Suite 114 Irvine, CA 92606 INSURER A: Travelers Indemnity Co. of INSURER B: Everest National Insurance INSURER D: INSURER E: IiVYGRMVGJ 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. NSRTYPE OF INSURANCE III POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ FIRE DAMAGE (Any ane fee) E COMM ERCIAL GENERAL LIAB ILITY MED EXP (Any we person) $ CLAIMS MADE ❑ OCCUR PERSONAL S ADV INJURY E GENERAL AGGREGATE $ GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS-COMPIOP AGG $ I POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) E NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ LIABILITY AUTO ONLY - EA ACCIDENT $ AUTO OTHER THAN EA ACC AUTO ONLY: AGO $ $ ;EXCESSLIABILITY EACH OCCURRENCE $ AGGREGATE $ UR CLAIMS MADE $ E DEDUCTIBLE X TOR L..jAXU OTH $ A RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY XSLIB5691Y64908 04/01/08 04/01109 E.L. EACH ACCIDENT $1 000,000 E.L. DISEASE - EA EMPL OYEEI $1 900,000 E.L. DISEASE - POLICY LIMIT E1 000,000 B OTHER Prof Liab 2lalms Made etro: 311611998 48AE000826081 03/16108 03116/09 $1,000,000 per claim $1,000,000 anni aggr. $5,000 Ded er claim DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: Environmental services and Technical Studies Agreement n City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza P O Box 1988 M-20 Santa Ana, CA 92702 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WWXX99X kTOMAIL30—DAYSWRTTTEN NOTICE TOTHE CERTIFICATE H OLDERNAM ED TOTHE LEFT,7OIJOUpXMIN0000A0Q=111[ ACORD 25-S (7197)1 of 1 #S2194291M219396 CAB o ACORD CORPORATION 1988 Clientu: bass DATE(MWDDIYY) F714427-68110 QT,. CERTIFICATE OF LIABILITY INSURANCE A MATTER OF INFORM04104/08 ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ISSU enton 8 Associates TTHIS CERTIFICATE IS UED ASHOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. a, CA 92711-0550 INSURERS AFFORDING COVERAGE INSURER A: Travelers Indemnity Co of Connectic Wieland Acoustics, Inc I INSURER B. 2691 Richter Avenue, Suite 114 INSURER C. Irvine, CA 92606 II NSURER O: ,..�ernnmrur THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABVVt rum Inc ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CE IONS AND CONDIRTIFICATE MAY ISSUED SUCH OR I•nAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. NSR LT AGGREGAI E LIMI I TYPE OF INSURANCE POLICY POLICY NUMBER EFFECTIVE POLICY D E M EXPIRATION T MM LIMITS EACH OCCURRENCE $ _. GENERAL LIABILITY COMM ERCIAL GENERAL LIABILITY CLAIMS MADE LJ OCCUR FIRE DAMAGE (Any one Lre) MED EXP (Any one person) $_ _ $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ — PRODUCTS-COMPIOPAGG $ -- _ GEN'L AGGREGATE LIMIT APPLIES PER'. PRO- LOC POLICY T COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Ea eccltlenD J BODILY INJURY (Per person) $ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY (Per accident) S NONOWNEDAUTOS — -- PROPERTY aPidDAMAGE . (PereraccMent) S AUTO ONLY - EA ACCIDENT $ EAACC OTHER THAN $ -- GARAGE LIABILITY Ir—I ANY AUTO AUTO ONLY: qGG $ EACH OCCURRENCE $ EXCESS LIABILITY OCCUR jCLAIMSMADE AGGREGATE $ $ $ $ DEDUCTIBLE RETFNTION $ A WORKERS COMPENSATION AND EMPLOYERS! LIABILITY XEUB5691Y64908 04101/08 0"1109 WC STATU- OTH- X TOaYLm—l-ER E.L. EACH ACCIDENT EL. DISEASE=EA EMPLOYEE (El - — — '$1,000,000 $1 l000 P000 DISEASE POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS(LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Santa Ana Attn: Tonia Zerba 20 Civic Center Plaza P O Box 1988 M-20 Santa Ana, CA 92702 ACORD 25-5 (7/97)1 of 1 #5222243/M222228 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WIp(xXAIX TO MAIL 3D---DAYB WRITTEN NOTICE TO TH E CERTIFICATE HOLDER NAM ED TO TH E LEFT,4nZIXX%30(10QQ*Q0KV(K REPRESENTATIVE i 1�11. �A3N STEMP © ACORD CORPORATION 1988