Loading...
HomeMy WebLinkAboutPACIFIC TRAFFIC DATA SERVICES - 2010NSURANCG tY -ILE A-2010-216 WORK MAY PRC CEEL° UNTIL INS!!RAtiCE EXPIRP: CLERK U COCONSULTANT AGREEMENT DATE' FEB 0 8 2T11 THIS AGREEMENT made and entered into this 15'h day of November, 2010 by and between Pacific Traffic Data Services, 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 ICY, the State of California (hereinafter "City"). I RECITALS N A. The City desires to retain a consultant having special skill and knowledge in the field of traffic Q counts services. B. Consultant represents that Consultant is able and willing to provide such services to the City. v3 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 counting services on an as-needed basis, as set forth in City's "Request for Proposals - Annual Contract For Traffic Counting Services" and the specifications attached hereto as Exhibit A and incorporated by this reference. All services will be provided in conformance with Consultant's Proposal dated September, 13, 2010, on file with the Public Works Agency and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $30,000.00, during the term of 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. The invoice shall provide a description of the location and purpose of the count and the person requesting the count, in addition to a detailed breakdown of the services, tasks, hours, and unit costs of the hourly rates. City shall retain ten percent (10%) of payment for each task until the task is complete. 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. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2011, unless terminated earlier in accordance with Section 13, below. This Agreement may be renewed for an additional one-year period upon the same terms and conditions set forth herein. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. 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. 5. 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 which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 2 (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. 6. INDEMNIFICATION Consultant agrees to and shall defend, indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from any and all claims, demands, damages, costs, expenses, judgments or liability of any nature whatsoever which may arise from the negligence or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf in the provision of the services described in section 1 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 from the negligence or willful misconduct of Consultant in the provision of services. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. 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. 8. 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. 3 9. 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: Santa Ana Public Works Agency Traffic and Transportation Engineering 20 Civic Center Plaza (M-43) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5616 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: Pacific Traffic Data Services Mr. Douglas Bowen 8502 E. Chapman Avenue, Suite 625 Orange, California 92869 Telefacsimile 714-882-7369 A party may change its address by giving notice in writing to the other party. Thereafter, 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. 10. 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 a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. 4 in regard to 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 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA 1?a lid) DAVID N. REAM. City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: • u? o' Laura Sheedy Assistant City Attorney PACIFIC TRAFFIC DATA SERVICES bwts•__- PC-( '?--- DOUGLAS BOWEN Senior Partner Tax ID# `LZ rS 1-2- 6 EXHIBIT A 1. PROJECT DESCRIPTION The City of Santa Ana is soliciting proposals from traffic count firms to provide traffic counting services on an as-needed basis for one year. The total annual cost for the contract shall not exceed $30,000. The contract will have a provision to extend such services for an additional year. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also include the bi-annual city-wide Average Daily Traffic study, City-wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be mutually agreed to prior to the provision of services. From the proposals received, one firm will be selected. The City will enter into an agreement with the selected firm. As traffic counting needs are identified, they will be assigned to the selected firm. The City reserves the right to assign the work in any manner which will best serve the City's interests. II. SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as-needed basis. This may include, but not be limited to 24-hour ADT counts, 24-hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6-hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: • For each ADT volume count, a two-directional 15-minute count sheet with hourly totals, similar in format to the sample in Attachment E. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. • For each entering traffic volume count, a 15-minute count sheet with hourly totals, containing all legs of the intersection (sample in Attachment E). • For each manual turning movement count, a 15-minute count sheet for each count period, with the actual peak hour(s) identified (sample in Attachment E). Note: Consultant must be able to provide LIP to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. • For each intersection pedestrian count, a 15-minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. 7 • For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2-month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. c. Traffic Flow Maps (sample in Attachment E) will be included in the "Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in-house. d. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the 'Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and "Traffic Census" booklet will be delivered. • Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. 3. CITY RESPONSIBILITIES The City will furnish each selected Consultant with a map showing the street sweeping schedule. The City will notify the Consultant of any changes to the schedule. With each request for traffic count data, the City will provide: • The location(s) of traffic data collection, • The type of data to be collected, and • When the data is to be collected. For the City-wide ADT study, the City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. EXHIBIT B CONSULTANT FEE SCHEDULE D N10D A D ?N ? ? n ' E ? N?00!A n x!a o!o .x Y z = oofo x'x:s = o.o;o D GiG!C O 7v 170. A D - c'C C O . ;q ;0 " y cc c!c C f X 70 . 70 ??rf i•?1 v,>'t,t aia:-.IM 0170 7 IA O m w.4 ?i O a 2;2 G O p z p D'D A1D E !7 DpEtiEl O ? 1f N 70;Q; v) biro rid' Q N fn ? riIa N• MA ?$I?!Q<'6< O 'n 3:3`3 I,, mfm;rn i<!<?< . ' 0 E 10 6 6 ?n I Imlm rn H iSIS !? f ? g n° S !z z ° I ? : m z I I ! I ! 1 { i ' ' t. ! I ! I I : -n > ' V.V?.'.A'1flyy M YIY Y'Y1Y:M A o O O O Vl lR ln ln S VI W VI ! . ,, i l l i f i i t f A i { ? f i i A I I l l ! y?'?Y+!,yy,, «. N OD 1? !? ?I..S ?r tn Y I E I a?r'?s!W M Y : W !? D y Z 00 ,V1 O jl0!O Y?/ N V V ?/1i iOf D A'V O VVtI C), V,, i f 1 I' pn '0 : v ;?,! O1 It 1 N I i 0 0 I N co 71 ? i M4 I 00o'O O+ ?, ? N xls sf s OP P•o W O, . t'N' s i{siz 0000 ! j ilxls-i 0.oo•o > ' ?z m c p : lcic c cIc!cl.c cEclclc clc c c C: clc a ? ofu? v? r 70!70 M o1ml! ? 70IA :.Z1iN rc, is p X 70EA f?cf?c fr 70 A!A JO {! X:Pix I7 4? O p • p I c D O m o I°I 0.° i A° ! A° A° go;0olos:w rl !] Cn;nln ?C C C !??ii I ? n n n1n f E ziPzl° z zitzlz!z G)!G1!Gl 41 y IQ r Cn G { r kn C C i VS: ?I?iI ?• I ? i ???!3?3 A " Oixix c;0 0 { 010'Q`O x Z1zlz n? r ; ('JA? n?n i mm°.r?iei; Dlal f 0,!616 6 mA;<im ? I 7o.C c I 51 rir.r r Y D'DiD 9 9:9:> y; N'NlUf f0 12' A,: 9' 413!313 m m ` m m ri O o O OIOIP: . Q O ' 0 0 ; ?m cn;m i ?I ?1? - v C3 m t I Z z. Z=Z Z Z.' 2 2 O.O 0:0 n 41 m A Q 1A A ; 1-11c: -1 A C , F j WIWIW, ^ :nln I I ? + ?y ` 1 I i ` m f j ? P Z - ! !N rn! UUU111 VVV111 , V'u'u E I I E ! i ; i ! : I I ? I i 1 I 1 i i I ! I Qa ! I i I 1 i s NN•4A1H fJ?V?tp Y N df Y YIY1N C1 ??D jD1N V•VIV,{p?p W10, Off.? ? k?44IN WI? OD A l N'fW 144I4& ?O fiiY Nii11 N `N!N AIVI?O?IW Z D pp V D: VVN', clk N O -4 N -A N -4ltr Vt,C IV111f1 O.O O O E tn Ol?,i? O 0:010 V`ONIN V7, 01+'n,tn N1111i V'V to O.tn w c I i! iiE „ 1i EII ?! !1i I? ?I ? f ! O • ! I ! s 1 ! I {! i `N ?i/! [N[``??'WiYV ?"1W W N N N N N I s+.V!iVVR iyy?,, O.U~I'?pD!A 4F. y}lu ,N pVpI.A-W :1+ t! Q fQ ? b A W iR ?4!':HIN A'W:IVIY iIA'aN ??'OW O r?+ w ?ppp ?0? CI V O I?+ N Y? f!1 IOV 1? p (I W D 8!S10 O S OiQ p p p p p p S 0fSi0 p p O!O:ISO S!S Sf O p p i81l13 f .1 f i 1 I i 1 I I I 1I - , A N D -a O r d G O m O 790 7. x A C v a F r ORANGE COUNTY PACIFIC TRAFFIC & TRANSIT DATA SERVICES A REGIONAL DATA COLLECTION FIRM SERVING SOUTHERN CALIFORNIA FROM OUR . OFFICE IN MISSION VIEJO, 27722 RUBIDOUX ` MISSION VIEJO * CALIFORNIA 92692 Douglas Bowen has over 23 years of owner and operations experience. It should be noted that Douglas Bowen has been a successful bidder on the city of Santa Ana contract as an owner of Southland. Prior to founding Southland, he worked as an employee of TDS, which was under contract by the city of Santa Ana. Douglas Bowen is very familiar with both the city of Santa Ana and work required under the contract. Pacific is well aware that it has submitted prices that are well below recent pricing. We have made the decision to aggressively pfice this contract. Pacific will profitably fulfill its obligation and complete the tasks as included within the terms of the contract. I can assure you that Pacific has priced it at a level that will stilt result in a gross profit to Pacific as it relates to each service. As a result of our decision to aggressively price this contract, the city of Santa Ana has the opportunity to cut its costs, while not sacrificing quality and in fact it will see a provable increase in the quality of its data. We are certainly willing to meet with city representatives to discuss in detail the basis for our cost and related pricing. Pacific used high estimates in its calculation to provide the city with estimated cost, so as to not underestimate the cost of completing each task. In addition and due to how Pacific operates, costs decline as a percentage of revenue as the size of the project increases in size. The cost estimates are based on each scenario provided by the city of Santa Ana.. 'rhe cost to complete 4 approach volumes will not exceed $51.54($12.88 per set-up) for the intersection. The cost estimate is inclusive of all related field expense, office expense, payroll tax and insurance. The profit margin will exceed 25.36%. The cost to complete 25 bi-directional tube counts will not exceed $388.75($15.55 per location). The cost estimate is inclusive of all related field expense, office expense, payroll tax and insurance. The profit margin will exceed 21.13%. The cost to complete 15 - 4 hour TMC will not exceed $1,149.60($19.16 per hour). The cost estimate is inclusive of all related field expense, office expense, payroll tax and insurance. The profit margin will exceed 28.37%. The cost to complete 1 - 4 hour pedestrian & bike study will not exceed $57.24($14.31 per hour). The cost estimate is inclusive of all related field expense, office expense, payroll tax and insurance. The profit margin will exceed 27.54%. Pacific only employs full time experienced personnel to complete the field work. An experienced field staff is far more efficient and far more likely to work safely while in the field. Currently there are not any fringe benefits, but based on profitability Pacific may add certain benefits to be provided to our field employees only. At the high end, the benefits will be limited to a cost of no more than 2.5%0 of gross sales, therefore if the city wants to factor in the potential for a fringe benefit, it should add no more than 4% to the cost indicated above. Pacific does not anticipate the need to purchase additional equipment specifically for this contract, but the city may factor in a cost equal to 1.5% for miscellaneous supplies that may not be factored into the cost above. Rate for the following examples as indicated by the city of Santa Ana... 1 - 4 approach volumes = $69.00 [$17.25 per one tube set-up] 25 bi-directional tube counts =$493.75 [$19.75 per two tube set-up] 15-4 hour TMC locations = $1,605.00 [$107.00 per Intersection= $26.75 per hour] 1 - 4 hour pedestrian & bike study only = $79.00 [$19.75 per hour] TRAVELERS 1--.? WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TYPE V INFORMATION PAGE WC 00 00 01 ( A) POLICY NUMBER: (IJUB-3802M53-1 -10) RENEWAL OF (IACRUB-3802M53-1-09) INSURER: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 1. INSURED: PACIFIC TRAFFIC DATA SERVICES 8502 E. CHAPMAN #625 ORANGE CA 92869 Insured is A LIMITED LIABILITY COMPANY PRODUCER: NCCI CO CODE: 13579 PAYCHEX INS AGENCY INC 150 SAWGRASS DRIVE ROCHESTER NY 14620 Other work places and identification numbers are shown in the schedule(s) attached. 2. The policy period is from 11 -27-10 to 11 -27-11 12:01 A.M. at the Insured's mailing address. 3. A. WORKERS COMPENSATION INSURANCE: Part One of the policy applies to the Workers Compensation Law of the state(s) listed here: CA ID NV 0= o= o= o?. o o= W. B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: 10 Bodily Injury by Accident: $ 1000000 Each Accident Bodily Injury by Disease: $ 1000000 Policy Limit Bodily Injury by Disease: $ 1000000 Each Employee C. OTHER STATES INSURANCE: Part Three of the policy applies to the states, if any, listed here: AL AR AZ CO CT DC DE FL GA HI IA IL IN KS KY LA MA MD ME MI MN MO MS MT NC NE NH NJ NM NY OK OR PA RI SC SD TN TX UT VA VT WI WV D. This policy includes these endorsements and schedules: SEE LISTING OF ENDORSEMENTS - EXTENSION OF INFO PAGE 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All required information is subject to verification and change by audit to be made ANNUALLY, DATE OF ISSUE: 10-1 3-10 IA OFFICE: PAYROLL 70A PRODUCER: PAYCHEX INS AGENCY INC SV996 004272 Commercial Certificate of Insurance FARMER 5 Agency . Byron Erstad Name . 2947 E Magic View Dr Ste 1 Issue Date (MM/DD/YY) 11/19/2010 & • Meridian, ID 83642-3562 Address • 208-884-5400 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the St. 75 Dist. 33 Agent 552 coverage afforded by the policies shown below. Companies Providing Coverage: Insured Company A Truck insurance Exchange . PACIFIC TRAFFIC DATA SERVICE Lets Name . 6568 S FEDERAL WAY STE 334 pww B Farmers Insurance Exchange & : BOISE, ID 83716 Company C Mid-Century Insurance Company Address D c omp?y teaer Coverages 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 terns, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. Co. Ltr. Type of Insurance ?'pe Policy Number Policy Effective Date (MM/DD/YY) Policy Expiration Date Nm/DD/m Policy Limits B General Liability 604774386 10/27/2010 10/27/2011 General Aggregate $2,000,000 K Commercial General Products-Comp/OPS Aggregate $1 000 000 Liability , , Personal & }C Version - Advertising Injury $1,000,000 Contractual - Incidental Each Occurrence $1 000 000 Only Fire Damage , , (Any one fire) $ 75,000 Owners & Contractors Prot. Medical Expense (Any one person) $ 5,000 Automobile Liability Combined Single All Owned Commercial Limit $1,000,000 Autos / Bodily In ury (Per ersm Scheduled Autos ) p $ Hired Autos -. In ? j $ K Non-Owned Autos . (Per acdde nt Garage Liability ( . Property Damage $ Garage Aggregate $ Umbrella Liability limit f Workers' Compensation Statutory and Each Accident E Employers' Liability Disease - eaaEm*y" Disease - Policy Limit $ $ Description of Operations/Vehicles/Restrictions/Special items: 6568 S FEDERAL WAY, BOISE, ID 83716 Certificate Holder Cancellation . CITY OF SANTA ANA Should any of the above described policies be cancelled before the expiration date Name . 20 CIVIC CENTER PLZ, thereof, the issuing company will endeavor to mail 30 days written notice to the & • SANTA ANA, CA 92701 certificate holder named to the left, but failure to mail such notice shall impose no Address obligation or liability of any kind upon the company, its agents or representatives. R Authorbed? y Representative 56-Z49Z 4-94 Copy uistribution: Service Center Copy and Agent's Copy H-01 i ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company IFCI,- rv^e17 This endorsement modifies such insurance as is afforded by the provisions of Policy # b04-1-1-(3e5(6 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 ti ? t 1(2Lv k e , this endorsement form as a part of Policy # p 8 b Issued to U11-1 Named Insured Countersigned by Authorized Representative ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/01/2011 PRODUCER (gqg) 582-0964 Roy Pal aoios Snauranca Agency, Inc. CA: OD36891 NV:498645 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 26081 Merit Circle, Suites 101 La una Hi11a CA 92653- INSURERS AFFORDING COVERAGE NAIC # INSURED INS URER A: Farmers =nsuranca Exchana Pacific Tra££io Data Services, Sno. wsuRER e: 27722 RL1YJ1 dOl.1X INSURER C: INSURER D' M19910n Vi0 ? O CA 92692- INSURER E- :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY 60501-36-25 0$/24 /2011 0$/24/2012 EACH OCCURRENCE S 1.000.000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 75 , 000 8 CLAIMS MADE ? OCCUR / / / / MED EXP An one arson 9 $ , 000 PERSONAL 8 ADV INJURY 9 1 , 000 , 000 / / / / GENERAL AGGREGATE S 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 9 1.000.000 POLICY JECT LOC / / / / A AUT OMOBILE LIABI LITY 60501-36-25 05/24/2011 OS /24/2012 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) 5 1 , 000 , 000 ALL OWNED AUTOS / / / / BODILY INJURY SCHEDULED AUTOS (Per person) s X HIRED AUTOS / / / / BODILY INJURY X NON-OWNED AUTOS (Per accident) s / / / / PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 4 ANY AUTO / / / / OTHER THAN EA ACC 9 AUTO ONLY: qGG 9 EXCESS/UMBRELLA LIABILITY ii AA cc?? ?????VF?i? /-1 .l T(l I (? / / EACH OCCURRENCE 9 OCCUR ? CLAIMS MADE ? / AGGREGATE 9 /7 f j ?_ i? q / ?? S DEDUCTIBLE / / y ? ? _.__ _.??-°.-_.--_-.-. .. _.l _.___?..-?' / / s RETENTION S `? ? ? ?? ?.1 ?...._y 5 WORKERS COMPENSATION AND ' ? ?D' ' / / / / WIC g U TORY LIMITS ER EMPLOYERS LIABILITY ANY PROPRIETOR/PARTN ER/EXECUTIVE E.L. EACH ACCIDENT 9 OFFICER/MEMBER EXCLUDED? I1 d rib d / / / / E.L. DISEASE - EA EMPLOYEE S yes, esc e un er SPECIAL PROVISIONS below EL DISEASE -POLICY LIMIT 9 A A A OTHER Ep=,= Huilcling Contents Huainaas Pars Prop 60501-36-25 60501-36-25 - 60501-36-25 05/24/2011 05/24/2011 05/24/2011 05/24/2012 05/24/2012 05/24/2012 net 52,500 100,000 Dad 51,000 21,200 D¢d 51,000 100,000 DESCRIPTION OF OPERATONS/LOCATONSNEHIGLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CartiFicata k>.oldar Hamad as additional insured. V CR1Ir l?..A1C r'IVLUCR VANVCLLAIIVIV ( ) - ( ) - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT C1ty O£ Santa Ana FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PWA - Tra££ic Engi nearing INSURER, ITS AGENTS OR REPRESENTATIVES. 20 Civic Canter Plaza, M-43 AUTHORIZED REPRESENTATIVE - Santa Ana CA 92701- ?? ACORD 25 (2001/08) ©ACORD CORPORATION 1988 INS025 (o?oe).os Page 1 012 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 The Certificate of Insurance on the reverse side of this form 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. AGORA 25 (200'1/08) INS025 loioe>.oe AMS Page 2 a z ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company ?? ?? Q. r- s J-n s ? ?a n CJL This endorsement modifies such insurance as is afforded by the provisions of Policy # 6o S o 1- 3 b - ?S 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 carved 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 S ? a Y ? 20 ? 1 ,this endorsement form as a part of Policy # 6 o so ?- 3 b- Z s Issued t0 F?ac.-??c 5r4?rrrL t7a??-SGlJ:?S ?.'?c- Named Insured Countersigned by Authorized Representative POLICY NUMBER:605013625 BUSINESSOWNERS BP04 50 O1 97 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES ?R CONTRACTORS This endorsement modifies Insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE ? Name of Person Or Organization: City of Santa Ana its officers, employees, agents and representatives *Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. Who is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Sched- ule is also an insured, but only with respect to liability arising out of your ongoing operations performed for that insured. BP 04 50 Ol 97 ?`?11 t??C ?? ?'1 2. 25 rt_?? _- ^ °?? ,;;