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HomeMy WebLinkAboutKIMLEY-HORN AND ASSOCIATES 5City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer In effect. Return form to the Clerk of the Council Office (M -30). The agreement with G2p� COTC Office Use Only 4M 7 9 17 .. . OF SAM TA ANA W Op COUNCIL No. N -2010 -101 was c ompleted on � !�/ ( and final payment has been made. (List all amendments. Use space below if needed. Department: 196A a Phone /Ext.: Signature: Date: Revised 0412 -10 CUriRENT N-2010-101 INSURANCL A% ON FILE WORK MAY MK PROCEED CLERK OF COUNCIL DATE i<29 PROFESSIONAL SERVICES AGREEMENT A{2-) F'> C.J Tor,`~c: Zerb~, THIS AGREEMENT, made and entered into this / -day of c- 2010 by and between Kimley-Horn and Associates, Inc., North Caroli a Corporation (hereinafter "Consultant"), and THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California (the "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of professional traffic analysis and engineering. 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 professional traffic analysis and engineering for a proposed McDonalds Restaurant at McFadden and Grand in Santa Ana. The scope of services (including estimated fees and costs) is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 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 City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. 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, 2011, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager 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 insureds) 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. 2 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 firmished 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 affect 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. ]NDEMNIFICATION 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, 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, and to the extent of Consultant's, negligent acts, omissions or willfiil misconduct in the performance of this Agreement. 3 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 no 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 rightfill 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: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702-1 9 88 telefacsimile (714) 647-6956 With copy to: Executive Director of _ City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 and City Attorney City of Santa Ana 4 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Kimley-Horn and Associates, Inc. 765 The City Drive, Suite 400 Orange, CA 92868 Name Serine Ciandella, AICP Its Vice President 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 vventy-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. 5 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. NON-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. is. 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 fiilly, 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. 6 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 : CITY OF SANTA AN MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager AP S TO FORM: J SEPH TCHE Cl omey KIMLEY-HORN AND ASSSOCIATES, INC. Serine Ciandella, AICP Vice President Tax ID# ---5fo -08e .25&l S 7 EHIBIT A SCOPE OF SERVICES (Attached) 8 ® Kfmley-Horn ® and Associates, Inc. :.40o 765Tre Cny giro May 12, 2010 oren9e. Wlwd. 92868 Mr. Vince Fregoso, Principal Planner City of Santa Ana, Planning Division 20 Civic Center Plaza M-20 Santa Ana, California 92702 RE.: Proposn] to Prepare n Preliminary Traffic Analysis for a Proposed McDonald's Drive-Through Restaurant in the City of Santa Ana Dear Mr. Fregoso: Kfmley-Horn and Associates, Inc. (Kfmley-Horn) is pleased to submit this proposal to j provide Transportation Planning and Consulting Services to the City of Santa Ana for the proposed McDonald's Restaurant at Grand Avenue and McFadden Street. Atyour request, we have Identified the tasks and costs required to make a preliminary determination of whether or not the proposed project would result in a significant traffic-related Impact. Our proposed scope and fee for this preliminary effort Is provided below. SCOiPE~ Cat' SEi2V)Ct=S A preliminary traffic impact analysis will be prepared to determine whether or not the proposed McDonald's project will cause significant traffic-related impacts on the transportation network. The traffic analysis will provide a preliminary assessment of the projects traffic-related impacts on the street system surrounding the project site. The following tasks are envisioned. • Conduct a site visit to observe existing traffic conditions on the streets surrounding the project site and at the study Intersection. • Obtain a copy of the project site plan for the proposed project, Including building square footages and uses, site layout, site driveways, parking supply, and any other site features thatwill affect the traffic analysis. • Obtain peak hour turning movement traffic count data at the intersection of Grand Avenue and McFadden Avenue for three peak periods: - AM peak hour- (7:00 to 9:00 AM) - Lunchtime peak hour (11:00 AM to 1:00 PM) - PM peak hour (4'.00 to 6:00 PM) TEL 714 509 10" FAX 714 933 9483 ® Kimtey-Horn and Associates, Inc. Mr. Vince Fregoso. May 12, 2010, Page 2 • Obtain daily traffic volumes on the roadway segments in the immediate vicinity of the project site: - Grn ?d Avenue, north anti south of McFadden Avenue - Mel-adden Avenue, east and west of Grand Avenue • Develop project trip generation estimates for the proposed project the morning, midday (lunchtime), and evening peak hours. The trip generation data that is available In the Institute of Transportation Engineers (iTE) Trip Ceneration (Ilth Edition) publication for a fast-food restaurant with a drive-through contains widely varying results for daily and peak hour periods, and the Rz values are very low. The Trip Generation document' also does not provide trip generation data for the lunchtime peak period. For these reasons, we propose to develop trip generation rates by other means: - ICimley-Horn will first poll our Kimley-Horn offices across the country to see if any of our colleagues have conducted trip generation studies for McDonald's. - We will then conduct an Internet search to see if trip generation data for McDonald's Is available from other sources. - We will submit any data obtained through these efforts to City staff for review and consideration. - If, after review of the data, it is determined that trip generation data needs to be collected locally, we will arrange for driveway counts at one local McDonald's for the time periods listed above. We will request input from the project applicant and city staff to identify one appropriate McDonald's location for data collection. For budgeting purposes, the cost for traffic data collection is assumed In this proposal. • The E1 Cortez restaurant and banquet facility is currently operating on a limited schedule. They are not open Monday through Wednesday, are open for lunch and dinner on Thursday, and open only for dinner Friday through Sunday. We will consult with staff to develop an appropriate approach to account for trip generation for the existJng site operation. • Develop trip distribution assumptions for the project traffic, based on likely origins and destinations of employees and customers, and current traffic patterns in the area. Project traffic will be distributed through the study intersection and on area roadway segments, and the project traffic contribution to each Intersection will be Identified. • The trip generation and trip distribution assumptions and analysis methodology will be presented to City staff for review and concurrence prior to proceeding with the analysis phase ofthe study. ® ® ® Kimley-Horn ® and Assoelates, Inc. Nir. Vince Fregoso, May 12, 2010, Page 3 . We will work with City staff to identify approved and pending projects and ambient growth rates, to develop Cumulative Conditions traffic forecasts for the Project Build-out Year. . Summarize operating conditions at the study intersection for the following scenarios; - hxistingConditions; - Project Build-out Year (Cumulative Conditions) without Project; - Project Build-out Year with Project. . Identify project impacts and mitigatlon measures, Ifnecessary. . Prepare a preliminary traffic impact study identifying the projects impact on the off-site transportation system. The traffic study will summarize analysis methodology, findings, and recommendations. . If, based on the results of the preliminary traffic analysis, the applicant decides to move ahead with the project, and if so directed by the City, Kimley-Horn will proceed with the balance of the Scope of Work for the Traffic Impact Study and Mitigated Negative Declaration, as submitted in our proposal dated April 30, 207.0. lr ~E A summary of our proposed fee for the preliminary traffic analysis is attached. Our team is available and ready to start work immediately upon receipt of notice to proceed. We will begin compiling study data immediately upon receiving written authorization to proceed. We will submit a draft traffic analysis to the City for review and comment within two weeks of receiving all project information and study data. Gl,osui"al~ If you concur In all the foregoing and wish to direct us to proceed with the services, please sign below indicating so and return. We understand this work Is to be Issued as part of our executed On-Call Consulting Services Agreement. This proposal is valid for sixty (60) days after the date of this letter. Klmley-Horn ® and Assoclates, Inc. Mr. Vince Fregoso, May 12, 2010, Page 4 Sincerely, 1QNILEY-NOUN AND ASSOCM-r)3ti, WJC. Serine Ciandella; AlCP Vice President City of Santa Ana Approval and Aulhorizatton to Proceed: Vince Pregoso, Principal Planner Date i PREPARATION OF A PRELIMINARY TRAFFIC ANALYSIS MCDONALD'S DRIVE-THROUGH RESTAURANT IN THE CITY OF SANTA ANA ESTIMATE OF COST BREAKDOWN BY TASK KIMLEY-HORN AND ASSOCIATES, INC. TOTAL. TOTAL TASK HOURS COST Project Coordination / Kick-off 8 $1,420 Prepare Phase 1 ESA 0 $O Prepare Draft Initial Stud 0 $O Traffic Impact Study /Trip Generation Stud 88 $11,760 On-site Circulation and Queuing Evaluation O $O Air Quality Study (Sub-Consultant SRA) O $O Prepare MMP 0 $O Circulate IS/ MND O $O Response to Comments / Final MND 0 $p Public Hearings O $0 TOTAL HOURS 96 $13,18D Expenses Office Expenses: duplicating, forms reproduction, plots, bluelines, $660.00 computer expenses, deliveries, etc. Driveway data collection - one location 6 300.00 Intersection Counts Q $200 per Intersection (3 pk perlods) 1.5 300.00 Roadway Counts 0 $100 per segment 4 300.00 Total Expenses 1,560.00 Sub-Total $14,740.00 Contingency N/A $0.00 Total $24,740.00 6/12/2010, 11:26 AM 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 ifnot 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 this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 9 ACORO,M CERTIFICATE OF LIABILITY INSURANCE DA8 07 20TE1;710 0 YYY91 PRODUCER (904) 396-4404 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ABERCROMBIE INSURANCE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX 5857 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (904) 396-4404 SACKSONVZLLE FL 32247-5857 INSURERS AFFORDING COVERAGE NAIC INSURED INSURER A:TRAVELHRS PROPERTY CASUAL 25674 AINrT.T[V-HORN AND ASSOCIATES, INC. INSURER B: COMPANY OF AMERICA P O BOX 33068 INSURER C: (A M BEST RATING At) (919) 677-2000 INSURER D: RALEIGH NC 27636-3068 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION L TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE tmmAocwyvl LIMITG A GENERAL LIABILITY P-630-31SX3476-TCT-09 09/01/2009 09/01/2010 EACH OCCURRENCE 5 110001000 TO RENTED 8 COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES Ee _nenoe S 500,000 CLAMS MADE ®OCCUR MED EXP (AjV one e- 3 5,000 OOO X CORMFU CTU' LX-%B- PERSONAL6AOV INJURY E 3-000, GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO S 2,000,000 8 POLICY JET LOC A A UTOMOBILE LIABILITY P-810-171L6115-IND-09 09/01/2009 09/01/2010 COMBINED SINOLE LIMIT 8 ANY AUTO (E.-4d-I) S 1,000,000 ALL OWNED AUTOS BODILY INJURY i SCHEOULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY {Per eaeldent) 5 X NON-ONNED AUTOS PROPERTY DAMAGE (Per euW.M) 5 GARAOG LIABILITY AST FQ M AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC 3 AUTO ONLY. AGO S EXCESSNMBRELLA LIABILITY _-JOSEPH -yLETCCHE / / EA H R s OCCUR O CLAIMS MADE ATTURNEY AGGREGATE S 3 DEDUCTRi LE RETENTION S S A w MPENSATONAND 86218398-1-09 09/01/2009 09/01/2010 X YLIM 5 ER EMPLOYERS' LIABILITY ANY PRO PRIETORIPARTNERIEXECUTNE E.L. EACH ACCIDENT S 0, 000 OFFICER FMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE S 1,000.000 II Yee. a -i- Yllper SPECIAL FROVMIONS t-I- E.L. DISEASE-POLLCY LIMIT S 1,000,000 OTHER DESCRIPTION OF OPERATIONSIIOCATIONSNEMCLEBIEXCLVS10N0 ADOED BY ENDORSEMEMTMPECIAL PROVIMONS PROJECT: CONSUM.TIMG CONTRACT C=TY OS SANTA ANA. SPECIAL E.NDORS?.MMBNT A• ')LrHZD. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE BILL APPLB EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Y,lpfdkXJ%XX3W MAIL 30 DAYS WBITTEM NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, K4VK CITY OF SANTA ANA >'HGlfXr1EYX~S~a~~6f/%XXA(wl'SifXifdL]LBilifX)(dfiKiflCX A1OF,li~110iAD(X1741[~flic PLANNING D=VISION ISIf I[ P O BOX 1988 M-20 AVTMORQED REPRE8ENTA SANTA ANA CA 9 2 7 0 2- ACORD 25 (2007108) ® ACORD CORPORATION 7988 INS025 (Dlwm Pepe 1 ore ADDITIONAL INSURED ENDORSEMENT Insurance Company Travelers Property Casualty This endorsement modifies such insurance as is afforded by the provisions of Policy #P-630-315X3476- TCT-09 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents 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 limit 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 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 09/01/09 this endorsement forms a part of Policy #P-630-315X3476-TCT-09 Issued to Kimlev-Horn and Associates. Inc. Named Insured Countersigned by ......a ~+..-~`r~ AUTHOR ZE REPRESENTATIVE .4coRO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1O/6?2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CO?T??? ? r.,r0I??2A?T $?TWEEN THE ISSUING INSURER(S), AUTHORIZED '' REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HO ?J YI I 1.? IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) mast be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may re?ii?a?I er}dorsement.- -,A _`-t?rpent on this certificate does not confer rights to the _ certificate holder in lieu of such endorsement(s). \ H 7 N PRODUCER N ?IEncr, cTe yola Ames and Gough ^y ? I O '- O I PHONE tL (770) $$2-4225 ??-?? (A/C. Nol- N ? O? O 450 Northridge Parkway -MAIL ADDRESS:7n?Yo1a@amesgough. com $ulte 102 PRODUCER 00001396 Atlanta GA 3O3SO INSURER 5 AFFORDING COVERAGE NAIC # INSURED INSURERA:Trayelers Indemnl ty CO Of CT INSURER B :T raVelar9 lndemni tv Compan Kimley-Horn and Associates, Snc. INS_URERC Travelers Property Cas ualt?+ _Co. P.O. Box 33068 INSURERD:Phoenix 2nsurance Company INSURER E Travelers Pr ? _Cas Co America Raleigh NC 27636 wsuRERF: COVERAGES CERTIFICATE NUMBER30-11 (Kimlev Jessica) RFF/i4Yr]N NI IMRFR- THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN SU BR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 X COMMERCIAL GENERAL LIABILITY DAMA? RENTED PREMISES Ea occurrence 1 , 000 , 000 $ A CLAIMS-MADE ? OCCUR 630-315X3976-TCT-10 9/1/2010 9/1/2011 MED EXP (Any one person) _ $ 10 , 000 PERSONAL 8 ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ 2 , 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1 , 000 , 000 POLICY X PROT X LOC $ AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 , 000 , 000 X (Ea accident) B ANY AUTO 810-171 L6115-I -10 9/1/2010 9/1/2011 BODILY INJURY (Per person) S ALL OWNED AUTOS - BODILY INJURY (Per accitlen[) --- $ SCHEDULED AUTOS asc R -L? T aO F? hi AMAGE O - X HIRED AUTOS Per a citlont? $ X NON-OWNED AUTOS Untlerinsuretl motorist BI split S Uninsuretl motorist property $ X UMBRELLA LIAB X OCCUR ,? t O EACH OCCURRENCE $ 5 , 000 , 000 EXCESS LIAB CLAIMS-MADE a? ¦ ? AGGREGATE $ 5 , 000 , 000 DEDUCTIBLE v0? C A?Ot7sC g C X RETENTION $ 10 000 P-171L6115-TIL O 1/2010 9/1/2011 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY C-B36GB783-10 9/1/2010 9/1/2011 X WC BTATU- OTH- Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFI ER/MEM N? N/A E-L- EACH ACCIDENT $ 500 000 $ C BER EXCLUDED? (Mantlatory In NH) C-836GB7 B3-10 (CA) 9/1/2010 9/1/2011 EL DISEASE - EA EMPLOYE $ $00 000 It yes, tlescnbe under - DESCRIPTION OF OPERATIONS below E-L. DISEASE -POLICY LIMIT S $QQ Q00 DESCRIPTON OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD '10'1, Atltll[lonal Remarfts Schetlule, h more space Is required) Re: McFadden McDOnalds. The City o£ Santa Ana, its officers, employees 6 volunteers era named as Additional Insureds on the above referenced liability policies with the exception o£ workers compensation 6 professional liability. Umbrella Follows Form. City o£ Santa Ana Planning Division P.O. Box 1988 M-20 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATVE Ormaza/JOSH © 1988-2009 ACORD CORPORATION. All rights reserved. INaUZ? (200909) I ne AIiVKV name ana IOgO are r@9151e re0 marK3 OT AIiVKU Policy Number:630-315X3476-TCT-10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i BLANKET ADDITIONAL INSURED -WRITTEN C®IVTRAG`rS (ARCF-11°PECTS, EIVGIIVEERS AN® SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION'H -WHO IS Aid INSURED: Any person or organization that you agree in a "written contrail requiring insurance" to include as an additional insured on this Coverage Part, but: a_ Only with respell to liability for "bodily injury", "property damage" or "personal injury"; and b_ If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization_ The insurance provided to such additional insured is limited as follows: c_ In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shalt be limited to the limits of liability required by that "written contrail requiring insurance". This endorsement shall not increase the limits of insurance described in Section 111 -Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or constn?ilion management errors or omissions_ e_ This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "produils- completed operations hazard" unless the "written contract requiring insurance" specifi- cally inquires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end ?f the pe- riod of time for which the ^written contrail re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4_a. of SEC- TION IV -COMMERCIAL GENERAL "LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contrail requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance"_ But this.insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should incude: CG D4 14 04 OS ©2008 The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY ?? o= o u= i. How, when and where the "occurrence" or offense took place; ii_ The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: i_ Immediately record the specks of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any Gaim. or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added fo?fie DEFINITIONS Sec- tion. "Written contract requiring insurance" means that part of any written contract or agreement under which-you are required to inGude a person or or- ganization as an additional insured on this Cover- age Par[, provided .that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed. a. After the signing and execution of the contract or agreement by you; b_ While that part of the contrail or agreement is in effect; and c. Before the end of the policy period. Page 2 Of 2 ?© 2008 The Travelers Companies, Inc. ooea5s CG D4 14 04 Q8 `??? ° CERTIFICATE OF LIABILITY INSURANCE ions/z io' PRODUCER (770) 552-4225 FAX: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Ames and Gough ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR 450 Northrid a g Parkwa Y , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 102 Atlanta GA_ 30350 ____ __ INSURERS AFFORDING COVERAGE NAIC # INSUREO - INSURER A' L0X1ng tOn Insurance Company Kimley-Horn and Associates , Snc . INSURER B: __ __ ? P.O. Box 33068 __ __ INSURER C: --- -- - __ INSURER D' __ _______ Raleigh NC 27636 INSURER E: CC]VFRCr?FS 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 OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' N R TYPE OF IN RANG POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DAT MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DANI,4GE T0-R?NT?? PREMISES?a occurrence _ _ _ _ _ _ $ ___ _ __ __ CLAIMS MADE ? OCCUR MED EXP (Any one person $ PERSONAL 8 A DV INJURY _ ___._ _ $ _ _____ GENERAL AGGREGATE $ ____ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY PRO LOC __ AUT OMOBILE LIABILITY EO aBl N E D SINGLE LIMIT $ ANY AUTO ( tl e I ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS A R Vim S TO FUN 1 BODILY INJURY NON-OWNED AUTOS . . (Per accitlent) $ PROPERTY DAMAGE $ (Per accitlent) GARAGE LIABILITY S I ? AUTO ONLY - EA ACCIDENT $ ANY AUTO H0?>. OTHER THAN EA ACC __ $ IIaAt ty A?I?r?IK AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ? CLAIMS MADE AGGREGATE $ $ --- DEDUCTI BLE RETENTION $ g WORKERS COMPENSATION WC STAT U- GTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE F E.L. EACH ACCIDENT $ OF ICER/MEM BER EXCLUDED? (Mandatory In NH) EL DISEASE - EA EMPLOYE $ If yyes, tlescribe untler SPECIAL PROVISIONS below EL DISEASE -POLICY LIMIT $ A OTHER prO£098i Ona1 19273592 12/92009 12?9?2010 Par C1a3xn $2,000,000 Liability Aggregate $2 , 000 , 000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: McFadden McDOnalda I.GR I Ir II..A 1 G r1VLUCR GANVCLLA I IC7N SHOULD ANY OF TH E ABO V E DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Planning Di V 1310n P.O. Box 1988 NOTCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL M-20 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92702 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Matias Ormaza/NOYOLA ACORD-25 (2009/0'1) ©'1988-2009 ACORD CORPORATION. All rights reserved- INS025 <zooeo'I) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 ? nauza Izooso? I ?? AMES 8? GOUGH November 5, 2010 City of Santa Ana Planning Division P.O. Box 1988 M-20 Santa Ana, CA 92702 Re: Kimley-Horn Excess/Liability Policy To Whom It May Concern, This letter is to confirm that Kimley-Horn's Part Two of the Employer's Liability Policy (WC-836G8783-10 (CA)) with a limit of $500,000 is scheduled under the Umbrella/Excess Policy (CUP-171L6115-TIL-10) with a limit of $5,000,000. Limits required under the contract should be met by a combination of the primary policy or primary & excess umbrella liability policy. Should have any questions, please feel free to contact our office. Thank You. Sincerely, ,-,. ias aza Broker 450 Northridge Parkway, Suite 102 ? Atlanta, Georgia 30350 Telephone (770) 552-4225 ? Facsimile (886) 550-4082