HomeMy WebLinkAboutFEHR & PEERS/KAKU ASSOCIATES, INC.City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer
in effect Return form to the Clerk of the Council Office (M-30).
Call 647-5237 if you have any questions.
The agreement with
No. i1-o2co7-/Sd'
and final payment has been made.
Revised 07-23-07
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INSURANCE ON FILE A-2007-158
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
11-0(-0-7
CLERK OF COUNCIL
pA7E: SEP 6 2007 CONSULTANT AGREEMENT
THIS AGREEMENT, made and entere to this 181h day of June, 2007 by and between
FEHR & PEER , 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 traffic engineering studies for 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. C, It �qr -� A�„yy�-ty,� -NII IIG IIi�
ar151 out of -tlm, Vropar use of any jK-��� PVDU cid frhr xs ,
3. COMPENSATION f
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
o , 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 CityCr {-M X10) kigfiGP�
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f. If Consultant fails or refuses to produc 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 o�f ar' in out of claims
for personal injury, including health, and claims for property damag �wFiicli ma 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
To 401 W -6t cc it, 4ww4y, ®` 0
onsultant covenants that it presently has no interests and shall not have interests, direct
ireC
or in ct, 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)
4
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
and
Executive Director of Planning and Building
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 973-1461
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: FEHR & PEERS
KAKU ASSOCIATES
201 Santa Monica Boulevard, Suite 500
Santa Monica, CA 90401
Telefacsimile: (310) 394-7663
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.
ATT-E-S-T.�
PATRICIA E. HEAL.
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Lau�dWeedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAMJ
City Manager
FEHR & PEERS
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FEHR St
May 30, 2007
Mr. Pedro Guillen
City of Santa Ana
Planning Division
20 Civic Center Plaza M-20
Santa Ana, California 92701
Re: Request for Qualifications
Environmental Services — Traffic Studies
Dear Mr. Guillen:
PEERS
h-UUMIISS"TES
Ref: P4333
Fehr and Peers/Kaku Associates (F&P/KA) is pleased to have the opportunity to submit this
statement of qualifications to the City of Santa Ana to provide environmental services in the form
of traffic engineering studies.
We believe our statement presents an especially strong team that exhibits a blend of familiarity
with and an understanding of local transportation issues with a broad and varied background in
conducting traffic studies. We feel we are especially qualified to provide these services to the City
of Santa Ana Department of Planning and assure you that it will command the highest priority in
our firm's many commitments. I will serve as the Project Director for these assignments and will
be responsible for all technical and administrative issues associated with the project. Messrs. Pat
Gibson and Tom Gaul will serve as the primary Project Managers and will monitor day-to-day
activities of our staff. Others including John Stutsman, John Muggridge and Netai Basu are also
available for these assignments.
If you have any questions or need additional information, please contact me at:
Dick Kaku
201 Santa Monica Boulevard, Suite 500
Santa Monica, CA 90401
(310) 458-9916 d.kaku@fehrandpeers.com
We look forward to working with the City of Santa Ana Department of Planning on this challenging
assignment.
Sincerely,
W4
Dick S. Kaku
Principal
201 Santa Monica Blvd, Ste 500
Santa Monica, CA 90401
T: (310) 458-9916
F. (310) 394-7663
fehrandpeers.com
Fehr & Peers specializes in providing transportation planning and
traffic engineering services to public and private sector clients. We
emphasize the development of creative, cost-effective, and results -
oriented solutions to planning and design problems associated with
all modes of transportation.
SPECIALIZED SERVICES
Rather than trying to offer a multi -disciplined approach, we choose
to focus on being the best traffic engineering and transportation
planning consulting firm. We offer specialized expertise in the
following areas:
• Travel Demand Forecasting
• Traffic Operations and Simulation
• Intelligent Transportation Systems
• Traffic Calming
• Bicycle/Pedestrian Planning and Design
• Transportation Systems Planning
• Transit Operations and Simulation
• Land Use/Transportation Planning
• Smart Growth Planning
• Transportation Impact Analysis
• Traffic Engineering Design
Maintaining this singular focus on transportation enables us to
provide state -of -the -practice expertise to our clients. We are
nationally -recognized experts in these areas as evidenced by the
fact that we routinely publish many professional papers, serve on
national committees, and teach courses to others in the industry.
f?
FFHR & PI I RJ
KN<UASS"TES
Firm Description, Page 1 of 2
OUR VALUES
From our firm's inception in 1985, we have developed strong client
relationships by following three core values:
• Professional integrity and honesty
We emphasize quality over quantity.
• Responsive and hard working
We emphasize service over sales.
• Problem -solving, can -do attitude
We emphasize solutions over process.
WHY CLIENTS HIRE US
Clients hire Fehr & Peers because we provide the right combination of
leading-edge technical skills, high-quality work, and superior client
service. We thrive on challenging assignments in controversial
environments where complex problems can only be solved by using state -
of -the -practice analytical techniques, developing innovative, yet practical
solutions, and achieving consensus amid the diverging views of
stakeholders. We often find ourselves called into projects where others
have failed. We consider each potential assignment carefully, and we only
accept those projects to which we are fully committed and able to
complete successfully.
CONTACT US
Denver, CO
Reno, NV
Salt Lake City, UT
Walnut Creek, CA
303-296-4300
775-826-3200
801-463-7600
925-930-7100
Los Angeles County, CA
Roseville, CA
San Francisco, CA
310-458-9916
916-773-1900
415-369-0425
Orange County, CA
Sacramento, CA
San Jose, CA
949-859-3200
916-329-7332
408-278-1700
Firm Description, Page 2 of 2
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F I H R & P1 [R,�
KMEI 1,SS0C' IES
FEHR St PEERS
CU1tNAS.S"TES
Hourly Billing Rates
Classification
Hourly Rate
Principal
$170.00
- $325.00
Senior Associate
$160.00
- $195.00
Associate
$140.00
- $180.00
Senior Engineer/Planner
$110.00
- $170.00
Engineer/Planner
$90.00
- $135.00
Senior Technical Support
$95.00
- $150.00
Administrative Support
$85.00
- $110.00
Technician
$80.00
- $110.00
Intern
$60.00
- $90.00
Notes: Reimbursable expenses are invoiced at cost plus 10% for handling,
including personal auto mileage at IRS approved rate (48.5 cents per
mile as of January 07).
The following reimbursable expenses are invoiced at cost:
• Reproduction work at $.07 per sheet
• Plotter / Computer use at $10 per hour
• Communication Expense (Telephone, fax, E-mail, etc.)
Effective 1/01/2007
Fehr & Peers reserves the right to change these rates at any time with or without advance notice.
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
ACORDM CERTIFICATE OF LIABILITY INSURANCE
-ORP.
08/011/07/07 DATE
PRODUCER LIC #OE67768 1-925-416-7862
ICA Insurance Services
3875 Hopyard Road, Suite 240
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.
EFFECTIVE
DATE (MMIDDI
Pleasanton, CA 94588
Leslie Pancoast, CIC, RPLU
INSURERS AFFORDING COVERAGE
— -
INSUREDg M _
INSURERA. Fidelityand GuarantyInsurance Underwriters, Inc.
INSURER B: ACE American Insurance Company
r
Fehr & Peers O2 W
INSURERC:St. Paul Mercury Insurance Company
100 Pringle Avenue, Suite 600
INSURER D:
Walnut Creek, CA 94596
X COMMERCIAL GENERAL LIABILITY
INSURER E.
CUVtKAUMt
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.
INSRPOLICY
ITR
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE
DATE (MMIDDI
POLICY EXPIRATION
VY)
LIMITS
A
GENERAL LIABILITY
BX01640723
11/01/06
11/01/07
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Any one fire) $ 500,000
X COMMERCIAL GENERAL LIABILITY
MED EXP (Any one person) $ 10,000
CLAIMS MADE LKI OCCUR
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $2,000,000
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $ 2,000,000
PRO LOC
POLICY X JPCIT
A
AUTOMOBILE
LIABILITY
BX01640723
11/01/06
11/01/07
COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
ANY AUTO
ALL OWNED AUTOS
BODILY INJURY $
(Per person)
-
SCHEDULED AUTOS
X
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
BX01640723
03/28/07
11/01/07
EACH OCCURRENCE $5,000,000
AGGREGATE $ 5,000,000
X OCCUR EICLAIMS MADE
$ --
DEDUCTIBLE
$
RETENTION $
C
WORKERS COMPENSATION AND
BW02198818
09/01/06
09/01/07
X WC STATIT- 'ER -
E.L. EACH ACCIDENT $ 1,000, 000
EMPLOYERS' LIABILITY
E.L. DISEASE - EA EMPLOYEE $ 1, 000, 000
E.L. DISEASE -POLICY LIMIT $1,000,000
B
OTHER
Professional Liability
G21663049004
12/06/06
12/06/07
Per Claim $1,000,000
Annual Aggregate $2,000,000
$
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
All operations of the Named Insured, including project referenced below, if any.
General Liability; See Additional Insured endorsement attached.
Professional Services - Santa Ana Bench Contract, P4333
City of Santa Ana, its officers, employees, agents, volunteers & representatives added as additional insureds as per
attached endorsement; Primary/Non-Contributory; Separation of Insureds
! Akl!`CI 1 ATIf1kl R in nAVQ Vn1 Tr•F. Fr1A N()N-PAYMENT OF PREMIUM
ACUKU 25-5 (flVf) caroimurray
6776245
XX
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL EM4X4WV4 MAIL 30 DAYS WRITTEN
City of Santa Ana
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, t9iDi7F7LMXKXt1X&19130H=X
/
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20 Civic Center Plaza ..... _..
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AUTHORIZED REPRESENTATIVE
Santa Ana, CA 92702
USA
ACUKU 25-5 (flVf) caroimurray
6776245
XX
Insured: Fehr & Peers ,Associates, Inc. Policy Number: BKO1640723
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 is added to paragraph 2 of SECTION
II -- WHO IS AN INSURED:
1. if you are required to add another person or
organization as an insured under this policy by a
written contract or agreement which is in effect
during the policy period, that person or organization
is an insured. Such person or organization Is
referred to in this Coverage Fart as an Additional
Insured.
However, such person or organization is not an
insured with respect to any:
(1) "Property damage "to:
(a) Property owned, occupied or used by
the Additional Insured;
(b) Property rented, leased or loaned to,
in the care, custody or control of, or
over which physical control is being
exercised for any purpose by the
Additional insured; or
(c) ""Your work" performed for the
Additional Insured;
(2) "Bodily injury" "property damage", "personal
injury', "advertising injury" which is not caused
in whole or in part by the negligent acts or
omissions of any Named Insured, or the
negligent acts or omissions of anyone directly
or indirectly employed by a Named Insured or
for whose acts a Named Insured may be
liable;
(3) `Bodily injury" "property damage', "personal
Injury", or "advertising injury 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 absence of the contract or
agreement; or
2. The following is added prior to the final paragraph
of SECTION II - WHO IS AN INSURED:
You are an insured for your participation in any past
or present "unnamed joint venture". However, you
are not an insured if the "unnamed joint venture
has:
a. Direct employees; or
b. Owns, rents, or leases any real or
personal property.
No other member or partner, or their spouses, of
any past or present "unnamed joint venture" is an
insured. This insurance is excess over any "other
insurance" available to you for your participation in
any past or present"unnamed joint venture".
3. The final paragraph of SECTION II — WHO IS AN
INSURED is replaced by the following:
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture (except "unnamed join
venture") or limited liability company this is not
shown as a Named Insured in the Declarations.
4, Paragraph 2 of SECTION III — LIMITS OF
LIABILITY is replaced by the following:
(2). The General Aggregate Limit is that most we
will pay at each of "your premises" listed in the
Schedule of Premises and is the most we will
pay at each of "your projects" for the sum of:
a.
(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 b.
services, when such person or organization is
an architect, engineer, or surveyor.
Will 26 09 09 93 Includes copyrighted material of Insurance Services Office with its permission.
Copyright, Insurance Services Offices, Inc., 2001
Damages under Section I. A. except
damages because of "bodily injury" and
"property damage" included in the
"products completed operations hazard"
and damage to premises rented to you or
temporarily occupied by you with
permission of the owner; and
Medical payments under SECTION 1. B.
Page l of 2
. The following is added to SECTION IV -
CONDITIONS, 6. Other Insurance,
a. Primary Insurance
In addition, this insurance will be considered
primary to, and non-contributory with, "other
insurance" issued directly to a person or
organization added as an additional insured
under SECTION it. 2. 1., if you specifically
agree, in that written contract or agreement,
that this insurance must be primary to, and
non-contributory with, such "other insurance".
This insurance will then be applied as primary
insurance for damages for "bodily injury",
"property damage", "personal injury," or
"advertising injury" to which this insurance
applies and that are incurred by such person or
organization, and we will not share those
damages with such"other insurance
6. The following is added to SECTION IV —
CONDITIONS. a. Transfer Of Rights Of
Recovery Against Others Totts.
We waive any right of recovery we may have
against any person or organization added
under SECTION 11.2.1., for payments we make
because of injury or damage arising out of
.your work" under the written contract or
agreement with such person or organization,
provided that the injury or damage occurs
subsequent to the execution of that written
contract or agreement.
7. The following are added to SECTION V —
DEFINITIONS:
"Unnamed joint venture" means any joint venture
in which you are a member or partner where:
a. Each and every one of your co -ventures in that
joint venture is an architectural, engineering or
surveyingfirm; and
b. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site or
location that you own or rent or lease from
others.
"Your project"
Means any premises, site or location at, on, or in
which "yourwork" isnot yet completed;
and
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.
CUBF26 09 0903 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 2
Copyright, Insurance Services Offices. Inc., 2001