Loading...
HomeMy WebLinkAboutHARTZOG & CRABILL 1City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect.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. A-ceO(DSj -1%6 � was completed on �j � 3� JZ-oo and final payment has been made. Revised 07-23-07 Department: Y l:, (7 Phone/Ext.: 27-)2 Signature: At: 2-< Date: 7�)301-3 P INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES A-2008-116 Q-ir,-6? CLERK OF COUti lL DATE: 7 ' _�'� CONSULTANT AGREEMENT O: PBA Tonia Zerba THIS AGREEMENT, made and entered into this 2"d day of June, 2009 by and between HARTZOG & CRABILL, 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 traffic/transportation technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Hartzog & Crabill, Inc. 275 Centennial Way, Suite 208 Tustin, CA 92780 Telefacsimile (714) 731-9498 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 proposal 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. CITY OF SANTA ANA ATTEST: 1 CR-� V .�,( PA RICIA 13. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By:� La a Sheedy Assistant City Attorney DAVID N. REAM City Manager HARTZOG & CRABILL, INC. GEkALD J. STOCK, P.E. Vice President Tax ID# _72-05-7s1sy EXHIBIT A CONSULTANT'S PROPOSAL AND FEE SCHEDULE G HARTZOG & CCRABILL, Inc. Trammell Hartzog, President Jerry Crabill, P.S., (Retired) Gerald J. Stock, P.E., Executive Vice Presidetd 275 Centennial Way Suite 208 Tustin, CA 92780 Phone: (714)731-9455 FAX: (714) 731-9498 www.hartzog-crabill.com April 17, 2008 N; Mr. Pedro Guillen, Associate Planner City of Santa Ana Planning Division, M-20 20 Civic Center Plaza Santa Ana, CA 92702 RE: REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL CONSULTANTS Dear Mr. Guillen, Per your Request for Qualifications, Hartzog & Crabill, Inc. (HCI) is pleased to provide our Statement of Qualifications (attached) for the. City's review in developing a list of qualified environmental consultants. As you may know, HCI is primarily a traffic -engineering consulting firm and will be able to provide our expertise in any traffic -related issues/projects to the City of Santa Ana. Additionally, as you will see from our qualifications, HCI is capable of providing other civil engineering services that the City may have need for. Our main office is located in the City of Tustin, CA, neighboring the City of Santa Ana. As the Project Manager, if selected, the City can be assured that our staff is, and will remain, available to assist the City in a very timely manner. Our current hourly rate schedule and insurance coverage is included for your review. It has been a pleasure to complete this statement of qualifications for the City of Santa Ana. We hope that it serves as sufficient information in staffs decision -making. If there is any questions/comments, or additional references that you may desire to review, please do not hesitate to contact me at (714) 731-9455. Very truly yours, HART G & CRABILL, INC. iZ/t Gerald J. Stock, Vice -President C City & Traffic Engineering Services Consulting Rafc Engineers to Government Agencies EXHIBIT A M n nz Firm Profild �P Hartzog & Crabill, Inc. (HCI) provides a wide range of municipal services including traffic engineering, civil engineering, plancheck, surveying, and construction management. HCI has extensive expertise and experience in all types of private and public sector projects. Our team of professionals has completed countless tasks and is knowledgeable in federal, state, county, and municipal regulations. .= r HCI is very familiar with design requirements under all state and federal funding programs, and has extensive experience in directing and performing all engineering related services. HCI has prepared countless traffic impact analysis reports associated with new or re development activity including the traffic components of environmental. documents. HCI has also reviewed numerous traffic studies contained with environmental impact analysis. The corporate office is located at 275 Centennial Way, Suite 208, Tustin, I California 92780 and produces an annual project value of about w a $15,000,000.00. HCI currently provides services to numerous agencies throughout Los Angeles, Orange, Riverside, San Bernardino, and San Diego Counties. The firm was founded in 1993 and incorporated under the laws of the State of California. Every element of HCI is structured to commitment, technical excellence and an emphasis on our client's needs. We continually strive to be the best in our market by focusing on quality, efficiency, cost effectiveness and complete and timely project delivery. HCI has a dedicated and skilled staff of experienced professional engineers, surveyors, technicians and support personnel who are capable of providing complete turnkey services. HCI has an impressive list of clientele which includes such Southern California cities as: Bellflower, Cerritos, Chino Hills, Cypress, Duarte,- East Palo Alto, El Segundo, Fontana, Garden Grove, Glendora, Irwindale, La Palma, La Quinta, Laguna Beach, Laguna Hills, Laguna Niguel, Lawndale, Los Alamitos, Mission Viejo, Montebello, Moorpark, Norwalk, Orange, Perris, Rancho Santa Margarita, Rialto, County of Riverside, San Dimas, San Gabriel, San Juan Capistrano, Santee, Signal Hill, Simi Valley, South Gate, Stanton, Tustin, Yorba Linda and Yucaipa. EMI 71 V Our mission at HCl is to earn the res ect and confidence of our clients by } providing the highest standard of professional engineering related services that ultimately, contribute to the communities we serve. HCI assigns a high priority in the consistent successful completion of projects on -time and on x budget. Because of our understanding of governmental needs, our skills in public presentation, appearance, and dedication to detail, we have established a reputation of a firm that continues to provide excellent services j to our client Cities. A hallmark of our service is the fact that our contributions to a client City do not stop just because a project report has been completed or a signal "turned on." We remain available for consultationto assist in a variety of situations that may arise thereafter. Typical examples of the above are the continued C?4. technical support of design projects such as interconnect and/or the operation of traffic signals, or later questions that may arise as related to a speed limit or intersection improvement recommendation. We pride ourselves on our commitment to service from conception to completion and beyond. ti The HCI Advantage - Our dedicated and focused staff of professional engineers, surveyors, inspectors, technicians and support personnel are not only experts in their field, but they are also leaders in the industry, with direct and relevant experience providing complete turnkey services. - HCI stays up to date with the latest technology available to identify cost effective solutions to our valued -clients. We also monitor regulatory changes and opportunities. - We work to develop long-term relationships and consider ourselves an extension of our client cities,_ proudly participating in community events as well as addressing community meetings. I �I 7 'h5�3�, 4y.dt .. Quality Assurance In all projects, the Project. Manager together with a, designated Senior Engineer provide the leadership and guidance to obtain the end results for all services provided by HCI. Key elements of our quality assurance program are the assignment of skilled and experienced personnel, effective communications and monitoring. The quality assurance process will include: a - Assignment of skilled g professionals instituting a comprehensive and interactive orientation on the project goals, and the means of achieving these goals. Frequent contact with the client by the Project Manager with each on- going activity to provide support and guidance, and to maintain focus, momentum and monitor the quality of work. j - Conducting regularly scheduled project staff meetings for reviewing ® general project status, reviewing technical elements of the project, coordinating and interfacing of activities, reviewing design costs, and discussing upcoming activities and responsibilities. Review by the Principal Engineer or designated Senior Engineer prior to submittal to assure design/services meet all standards/codes, design criteria, "constructability,"-and contract requirements.. F D I I 1W C r N ri Professional Services Municipal Engineering/Management Services HCI provides contracted city and city traffic engineering services and support of municipal management. We are essentially City This '1 an extension of staff. $; approach creates a partnership arrangement in which HCI provides as- needed services as a contract member of the City staff, covering engineering planning and reviews, as well as construction oversight and inspections. q Among the areas covered by HCI in engineering and management are such services as: • Preparation of Traffic Impact Analysis • Traffic Impact Analysis Plan Check Reviews • On -Call and "At City" Engineering Services • On -Call and "At City' Traffic Engineering Services • Development and Administration of Capital Improvement f Programs and Resource Management 9 • Preparation and Processing Applications for Federal and/or State Funding Opportunities • Cost AnalysisNalue Engineering for Capital Projects • Administrative Support for Specific Programs and Projects Consultant Engineering/Management for Municipal Agencies • Assist City Staff During Peak Periods in Handling Engineering and,Management Functions • Grant Writing Services • Civil and Traffic Engineering Design Services • Subdivision Plan Check • Construction Survey • Engineering. Plan Check • Landscape Architecture ai; k Professional Services Ea4��c Ate.. �Y�, Traffic and Transportation Engineering HCI has the experience and capability to provide engineering services, feasibility studies, traffic impact studies, transportation planning and design, traffic control and safety, as well as, preparing the plans, specifications and construction estimates (PS&E) for transportation infrastructure. This experience includes the following areas of expertise: • Traffic/Transportation Feasibility and Impact Studies • Traffic Signal and System Design and Warrant Analysis • Expert Witness Testimony • City Traffic Engineering Services fi( • Signing and Striping Plan Preparation Signal Interconnect Design • Traffic Control and Detouring Design Plans • Signal System Monitoring • ITS Design and Implementation • Engineering and Traffic Surveys for Speed Limits _ • Transportation Safety Studies • Project Reports (PR)/Project Study Reports (PSR) Traffic Calming Studies and Implementation • Traffic Circulation Studies • Traffic/Transportation Modeling • Traffic Control Plan Preparation r] r E Civil Engineering HCI has a broad background in various civil engineering projects for public projects. Our services cover engineering investigations, feasibility studies, conceptual planning, surveying, construction documents (plans, specifications, construction estimates), and construction support services for such projects as: ,r • Roadways and Street Design Services '" • Pavement Reconstruction and Resurfacing • Bicycle Paths and Recreational Facilities • Hydrology/Hydraulic Studies Surveying Services HCI provides a full spectrum of surveying and mapping services associated with public projects. Our surveying/mapping personnel are trained in state-of- the-art instrumentation and equipment including Total Station, AutoCAD, and Intergraph computer systems. Our capabilities include: • Setting Controls for Aerial Mapping • A.L.T.A Surveys • Topographic Surveys • Right-of-Way/Alignment Surveys • Record of Survey and Legal Documents • Utility Easement Surveys • Constructional Surveys/Staking F] Schedule of Hourly Rates Classification Hourly Rates ' Expert Witness / Deposition $250 Litigation Consultation $225 Two -Person Survey Crew $225 Litigation Field Evaluation $200 Principal Consultant $155 Registered Land Surveyor $140 Senior Engineer $130 ' Storm Water Permit Compliance Engineer $130 Associate Engineer $125 ' Traffic Signal Systems Supervisor $125 Mural Artist $120 tAssistant Engineer $115 Senior Designer $115 ' Traffic Signal Systems Specialist $110 Draftsperson $ 90 Technician $ 75 Word Processor $ 60 i Clerical $ 50 *Traffic Counts (Cost, plus 15%) $ Out of pocket expenses (blueprinting, reproduction, and printing and delivery service) will be invoiced at cost plus 15%. A 150W fee for administration, coordination and handling will be added to subcontracted services. Mileage will be invoiced at $0.67 per mile. Scheduled overtime will be performed at 125%. This Schedule of Hourly Rates is effective as of January 1, 2008. Rates may be adjusted after that date to compensate for increases of inflationary trends. EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative rllnnd - ACO1 ACORQ, CERTIFICATE OF LIABILITY INSURANCE DATE ; 8D'� PRODUCER Dealey, Renton & Associates THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 A-2008.116 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana, CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 714 427-6810 INSURED Hartzog & Crabill, Inc. INSURER A: Travelers Indemnity Co. of Connect INSURER B: The Travelers Indemnity Co of CT 275 Centennial Way, Suite 208 INSURER c: XL Specialty Insurance Co. Tustin, CA 92780 INSURER D: Travelers Property Casualty Co of Am INSURER E: rnVFCAOICC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NtNABER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERALLIABILITY X COMMERCIALGENERALLIASILDY CLAIMS MADE 7 OCCUR 6803154L146TCT07 Gen. Liab. policy excludes claims 08/18/07 08/18/08 EACH OCCURRENCE $1000000 FIRE DAMAGE (My me fire) $1000000 MED EXP (Anyone Person) $5 000 arising out of the PERSONAL & ADV INJURY $1000000 performance of GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE L IM IT APR IES PER: POLICY PR0. LOC prof. services. PRODUCTS-COMP/OPAGG $2000000 D AUTOMOBILE LIABILITY ANY AUTO BA5149L68A07GRP 08/18/07 08/18/08 COMBINED SINGLE LIMIT (Ee awdent) $1,090,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY perso $ X HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Peraoodent) $ X PROPERTY DAMAGE (Per ecaderM) $ T GARAGE LIABILITY ,A AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGO EACH OCCURRENCE $ $ $ EXCESS LIABILITY OCCUR CLAIMS MADE f „JJ �tICT".',%}' AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY U87085Y565 09/01/07 09/01/08 X WC STATU- OTH- E.L. EACHACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 E.L. DISEASE-POLICYLIMIT $1 DD0 000 professional !ability laims Made DPR9605897 OB/18/07 08/18/08 $1,000,000 per claim $2,000,000 annl aggr. DESCRIPTION OF OMMTIONSILOCATONS HICLESIEXCLUSIONS ADDED BY ONDORSEMENTISPECIAL PRONSIONS Re: All Operations as pertains to named insured. The City of Santa Ana, Its officers, employees, agents, volunteers and representatives are Additional Insured as respects to General Liability coverage as required by written contract. (See Attached Descriptions) City of Santa Ana Planning Division Attn: Bill Apple P.O. Box 1988 M-20 Santa Ana, CA 92702 SHOULD MyWTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WINXIIII10MM TO NAIL3n DAYSWRTTTEN NOTICE TOTHE CERTIFICATE aka F.'TI♦ FT"". �'_!�'•'•='TF'ii ACORD 25S (7/97)1 of 2 #S231930/M202264 TMN 0 ACORD CORPORATION 1988 I DESCRIPTIONS (Continued from Page 1) --7 Coverage afforded the Additional Insured are primary and non-contributory. (Per CG 00 01 10 01) 7. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned In this Coverage Part to the first Named Insured, this insurance applies: a. As If each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. Waver of Subrogation included In Work Comp. AMS 25.3 (07/97) 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -- POLICY NUMBER: UB7085Y565 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be mium otherwise due on such remuneration. Schedule Person or Organization: City of Santa Ana Planning Division Attn: Bill Apple P.O. Box 1988 M-20 Santa Ana, CA 92702 DATE OF ISSUE: 0 7 / 16 / 0 8 % of the California workers' Compensation pre - Job Description: COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6803154L146TCT07 ISSUE DATE: 07/16/08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Santa Ana Planning Division Attn: Bill Apple P.O. Box 1988 M-20 Santa Ana, CA 92702 PROJECT/LOCATION OF COVERED OPERATIONS: All Operations of the Named Insured 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above as an additional insured on this Coverage Part, but: 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" on or for the project, or at the lo- cation, shown in the Schedule above. Such person or organization does not qualify as an additional insured with respect to their inde- pendent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the render- ing of or failure to render any "professional services". b. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in a "contract or agreement requiring insurance" for that additional in- sured, or the limits shown in the Declarations for this Coverage Part, whichever are less This endorsement does not increase the lim- its of insurance stated in the LIMITS OF IN- SURANCE (Section III) for the 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, for addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any CG W 62 09 06 2006. The St. Paul Travelers Insurance Companies, Inc. Includes copynghted material of Insurance Services Offices, Inc, with Its permission Page 1 of 2 COMMERCIAL GENERAL LIABILITY other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury","property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the 'bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. 5. As respects the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): "contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. The City of Santa Ana, its officers, employees, agents, volunteers and representatives Page 2 of 2 2006, The St. Paul Travelers Insurance Companies, Inc. CG D3 82 09 06 Includes copyrighted material of Insurance Services ice, Inc, vdlh its permission. f_Iicn4#• 55Q9 LIAQT7f`DA92 , - - ACORDTM CERTIFICATE OF LIABILITY INSURANCE 07/28/08° PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton 8, Associates P. O. Box 10550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 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 Hartzog 8r Grabill, Inc. 275 Centennial Way, Suite 208 Tustin, CA 92780 INSURERA: Travelers Indemnity Co. of CT INSURER B: XL Specialty Insurance Co. INSURER c: Travelers Property Casualty Co of Am INSURER D: INSURER E: /YY) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTRLIMITS TYPE OF INSURANCE POLICY NUMBER POLICY DATE IEFFECTIVE POLICY EXPIRATION A GENERAL LIABILITY 6803154L146 08/18/08 08/18/09 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $1 000 000 X COMMERCIAL GENERAL LIABILITY Gen. Liab. policy CLAIMS MADE � OCCUR excludes claims MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1,000,000 X Contractual arising out of the Liability GENERAL AGGREGATE $2 000 000 performance of GEN'LAGGREGATE LIMITAPPLIESPER: PRODUCTS -COMP/OPAGG s2,000,000 prof. services. POLICY X jECTPRO LOC C AUTOMOBILE LIABILITY ANY AUTO BA5149L68A 08/18/08 08/18/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY _ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO ` x�t '� / ((( $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND UB7085Y565 09/01/08 09/01/09 X LNC STATU- OTH- I ER 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 B OTHER Professional DPR9614266 08/18/08 08/18/09 $1,000,000 per claim Liability $2,000,000 annl aggr. Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: All Operations as pertains to named insured. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured as respects to General Liability coverage as required by written contract. (See Attached Descriptions) LE City of Santa Ana Planning Division Attn: Bill Apple 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 Wl )=TOMAIL30 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT,WX k REPRESENTATIVE ^`�•`•� k­• l I OT 4 igmcscayc HHM U AUUKU GUKI-UKA I IUN I9SS Coverage afforded the Additional Insured are primary and non-contributory. (Per CG 00 01 10 01) 7. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. Waver of Subrogation included in Work Comp. AMS 25.3 (07197) 2 of 2 #M232892 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -- POLICY NUMBER: UB7085Y565 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be mium otherwise due on such remuneration. Schedule Person or Organization: City of Santa Ana Planning Division Attn: Bill Apple P.O. Box 1988 M-20 Santa Ana, CA 92702 DATE OF ISSUE: 07/28/08 % of the California workers' Compensation pre - Job Description: POLICY NUMBER: 6803154L146 COMMERICAL GENERAL LIABILITY ISSUE DATE: 07/28/08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Santa Ana, its officers, employees, agents, volunteers and representatives PROJECT/LOCATION OF COVERED OPERATIONS: All Operations as pertains to named insured. PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- ily injury", 'property damage" or 'personal injury caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products -completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a contract or agreement requiring insurance that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 Page 1 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal CG D3 82 09 07 injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission Page 2