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IDS GROUP (2)
INSURANCE NOT ON FILE WORK MAY Q PROCEED CLERK OF COUNCIL �P DATE. A-2021-058 AGREEMENT TO PROVIDE ELECTRICAL LIGHTING DESIGN SERVICES FOR ©1,�004)(A"t1-1) (I) (SA) PACIFIC ELECTRIC BIKE TRAIL PHASE 2 AND SANDPOINTE PARK SECURITY LIGHTING PROJECT THIS AGREEMENT is made and entered into on this 20'' day of April, 2021 by and between IDS Group ("Consultant"), and the City of Santa Ana ("City"), a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California. RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of construction management and inspection services. 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 perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement shall not exceed $71,556 during the term of this Agreement, including any extension periods exercised under Section 3. The sum is comprised of the base amount of $65,051 with a contingency in the amount of $6,505 for additional services at the City's sole discretion. b. Payment by City shall be made within 45 days (forty-five) 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. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Page 1 of 10 3. TERM This Agreement shall commence on the date first written above for a three (3) Year term with the option for the City to grant up to a two (2) one (1) Year extensions renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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. OWNERSHIP Or MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 10 7. 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory 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 3700 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. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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 by the City. 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. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. Page 3 of 10 V. Consultant shall supply City with a fully executed additional insured endorsement. 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. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I 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 this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from 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 challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs .incurred under this Agreement and any services, expenditures, and disbursements Page 4 of 10 charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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. 12. 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 Page 5 of 10 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 or 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 is not embodied herein. 15. 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. 16. 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(s) 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. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. 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 Page 6 of 10 arise out of, in connection with or by reason of this Agreement. 19. 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City filly, 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. 21. 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 fax 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 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 Page 7 of 10 To Consultant: Robin (Rob) O'Neil, PE MEP Principal IDS Group 1 Peters Canyon Road, Suite 130 Irvine, CA 92606 (949) 387-8500 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 fax, 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: aisy Gomez Clerk of the Council { APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Q� By: U Jose Montoya Deputy City Attorney FOR APPROVAL: Saba tive Director Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: RA'in O'Neil, PE MEP Principal Page 8 of 10 EXHIBIT A SCOPE OF SERVICES Page 9 of 10 Appendix ATTACHMENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ELECTRICAL LIGHTING DESIGN SERVICES FOR PACIFIC ELECTRIC BIKE TRAIL LIGHTING PHASE 2 & SANDPOINTE PARK RFP NO.: 20-129 Introduction and Description of Work The City desires to continue its efforts in installing security lighting systems by using the same hardware and fixtures as those recently installed by the manufacturer Ameron International Corporation at: Pacific Electric Bike Trail Phase 1 (McFadden Ave to Occidental St) and Saddleback View Park (see attachment 5). The specific works to be included are as follows: Pacific Electric Bike Trail — Phase 2 (Occidental Street to Warner Avenue) is the southern phase from Pacific Electric Bike Trail — Phase 1 project from McFadden Avenue to Occidental Street. Same type of lighting will be continued and shall be designed for the entire length of the Pacific Electric Bike Trail from Occidental Street to Warner Ave. The trail currently does not have an electrical nor lighting system. Electrical connection points shall be verified and proposed for installation accordingly. Alignment of lighting fixtures shall face towards the bike trail path and maintain a consistent distance from the edge of pavement fr. All lighting will be 16 feet from the ground and anti -graffiti coat will be used for every light fixture and its base. (See Attachment 4, Exhibit 1). Sandpointe Park currently does not have electrical not lighting system. The electrical connection point shall be verified and proposed for installation accordingly. The lighting system shall be hard -wired, coated in anti -graffiti coat, 16 feet from the ground, and will hang towards the meandering walkway. All existing lights will be replaced and the location can be modified depending on the developed photometric diagram for the park. Alignment of lighting fixtures shall maintain a consistent distance from the edge of the meandering walkway for aesthetic purposes (see Attachment 4, Exhibit 2). City of Santa Ana RFP 20-129 Page Al-1 Minimum Requirement The responsible -charge of the projects shall be a licensed professional electrical engineer and shall sign and stamp all plan sheets, the title sheet of the specifications, calculations, and reports. Project Scone The project scope involves the preparation of PS&E for new electrical and security lighting systems at: 1) Pacific Electric Bike Trail — Phase 2; and 2) Sandpointe Park. City of Santa Ana RFP 20-129 Page Al-2 Consultant Responsibilities: The Consultant's responsibilities include the following: Task I: Preliminary Engineering Preliminary Engineering shall include Kick-off meeting with City Staff to discuss scope of work, project required tasks and objectives, potential elements and issues, and schedule. Preliminary Engineering will also include field work and subsequent meetings with City staff as required for preparation of site plans. Project required tasks include, but may not be limited to: • Identify the locations where all of the above ground equipment and light standards will be installed. • Identify where all the underground utilities are located to eliminate field conflicts. • Coordinate with Southern California Edison from application filing through construction and until the lights are lit. Task 2: Design Development (30%plans) Design development will involve the development of electrical system improvements for security lighting as outlined in the preliminary engineering phase to address project required tasks and shall include preliminary electrical engineering plans and cost estimate. Should project scope exceed available budget, project plans/specifications will be value engineered or phased as appropriate. Electrical design tasks shall include, but may not be limited to: • Title Sheet (City provide template) • Electrical & Lighting plans • Photometric • Load and Diagram schedule • Details and notes Task 3: Construction Documents (85% and 100% plans) Construction Documents shall include finalizing Design Development plans, obtaining plan check approvals and securing permitting. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bid advertisement and construction. Consultant shall also provide updated cost estimate which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Project required tasks shall include, but may not be limited to: • Plans and Specifications (Contract Documents) shall be reviewed at 85% and 100%. • Updated Cost Estimate shall be provided. Project phasing may need to be considered and Contract Documents may need to be structured accordingly pending available construction funding. • Review sets shall be provided in .pdf format. • Final plans shall be provided in Micro Station V8i format and .pdf format. City of Santa Ana RFP 20-129 Page Al-3 • Technical Specifications shall be written using Microsoft Word. The City will provide the specification boiler plate to the Consultant. • Quantity calculations shall be provided for items that are applicable to this project, and prepare and provide cost estimates at milestone stages. • A list of contract pay items with the descriptions and estimated quantities shall be provided for inclusion in Bid Proposal and Definition of Bid Items of City Boiler Plate. • All plan sheets and the title sheet of the specifications, calculations and reports shall be signed and stamped, including license number and expiration date, by the Consultant's State of California Registered Professional Engineer in the field of Electrical Engineering responsible for the project. • Coordinate plan check with the City of Santa Ana and other agencies including but not limited to City of Santa Ana Public Works Design and Parks Recreation & Community Services Division. Task 4: Bid Advertisement, Construction Administration, Record Drawings: If requested, Consultant shall provide support during bid advertisement and construction, and provide record drawings as described below. Bid Advertisement: If requested, Consultant shall: • Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. • Review addenda. • Attend pre -bid meeting. Construction Support: All construction support work shall be at the request of and coordinated by the City of Santa Ana. As requested, Consultant shall: • Attend the pre -construction meeting. • Review and approve submittals, as requested. If requested, Consultant shall complete submittal reviews within one (1) weeks of receipt. • Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. • Be available as requested by the City to resolve discrepancies in the contract documents. Consultant shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which the Consultant may observe. Consultant shall have no authority to issue instruction on behalf of the City, or to deputize another to do so. • Furnish, at the consultant's sole cost and expense, all necessary drawings for corrections and change orders required by errors and omissions of the Consultant. Electronic files for the change orders shall be submitted to the city for duplication and distribution. City of Santa Ana RFP 20-129 Page Al-4 Record Drawings / As -Built Plans: • Upon completion of construction, the record drawings kept by the General Contractor shall be turned over to the Consultant for preparation of "as -built" plans. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, an electronic file shall be submitted to the City in Microstation V8i CADD and pdf formats of the final as -built drawings via CD, e-mail, or through an FTP site. Fee Proposal: In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows: Taste 1: Pre -Design Task 2: Design Development Task 3: Construction Documents Task 4: Bid Advertisement, Construction Administration, Record Drawings Total Fee (for each project): Fee schedule for each task should include an hourly breakdown that corresponds to the task total for each project. City Responsibilities The City will be responsible for the following items: • Furnishing electronic design file with City title block and title sheet (24" x 36") • Providing standard City boilerplate specification. • Processing plans for governmental agency approvals having jurisdiction over the project. • Providing support with the application process with Southern California Edison. • Acting as a liaison with the appropriate decision malting bodies, as necessary. • Providing standard invoice template. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. City of Santa Ana RFP 20-129 Page Al -5 Pacific Electric Bike Trail — Phase 2. Sand Pointe Park RFP No.20-129 Section 2: Scope of Services and Schedule Our mission at IDS is to deliver a quality project to our clients. To achieve this goal, a carefully thought out plan, in which both client and IDS agree on the project scope and an approach that will result in a successful project. The project scope involves the preparation of Construction Documents suitable for bidding and plan check approval to include new electrical and area lighting systems for Pacific Electric Bike Trail and Sandpointe Park. The following is a step-by-step approach that was outlined in the City of Santa Ana's RFP and that IDS has implemented on many successful projects as well: Task 1: Preliminary Engineering: Preliminary Engineering shall include one Kick-off meeting with City Staff to discuss scope of work, project required tasks and objectives, potential elements and issues, and schedule. Preliminary Engineering will also include field work and subsequent meetings with City staff as required for preparation of site plans. Engineering and Design tasks include, but may not be limited to: • Identify the locations where all of the above ground equipment and light standards will be installed. City shall provide topography maps; • Identify all the underground utilities are located to eliminate field conflicts. IDS will utilize our in-house Civil Engineering, and IDS will coordinate with Southern California Edison (SCE) from application filing through construction and until the installation is complete and system is energized from SCE. Our proposal assumes electrical service upgrade is required for both projects. Task 2: Design Development (30% plans) Design development will involve the development of electrical system improvements for security lighting as outlined in the preliminary engineering phase to address project required tasks and shall include preliminary electrical engineering plans and cost estimate. Should project scope exceed available budget, project plans/specifications will be value engineered or phased as appropriate. Engineering and design required tasks shall include, but may not be limited to: • Title Sheet (City provide template) • Electrical & Lighting plans • Photometrics • Panel schedules • Single line diagrams • Details and notes • Structural Calculations and details for lighting pole base foundations as required • Preliminary Cost Estimation IDS GROUP Page 19 Pacific Electric Bike Trail— Phase 2, SandDointe Park RFP No.20-129 Task 3: Construction Documents (85% and 100% plans) Construction Documents shall include finalizing Design Development plans, obtaining plan check approvals and securing permitting. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bid advertisement and construction. IDS shall also provide updated cost estimate reflecting finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Engineering and design required tasks shall include, but may not be limited to: • Plans and Specifications (Contract Documents) shall be reviewed (with the City staff) at 85% and 100%. • Updated Cost Estimates. Project phasing may need to be considered and Contract Documents may need to be structured accordingly pending available construction funding. • Review sets s provided in PDF format. • IDS will provide final plans in Micro Station V8i format and PDF format. • IDS will prepare the Technical Specifications in Microsoft Word, using the City provided boiler plate. • Quantity calculations shall be provided for Items that are applicable to this project, IDS will prepare and provide cost estimates at milestone stages. • A list of contract pay items with the descriptions and estimated quantities shall be provided for inclusion In Bid Proposal and Definition of Bid Items of City Boiler Plate. • All plan sheets and the title sheet of the specifications, calculations and reports shall be signed and stamped, including license number and expiration date, by IDS' State of California Registered Professional Engineer in the field of Electrical Engineering responsible for the project. • Coordinate plan check with the City of Santa Ana and other agencies including, but not limited to, City of Santa Ana Public Works Design and Parks Recreation & Community Services Division. Task 4: Bid Advertisement, Construction Administration, Record Drawings: If requested, IDS shall provide support during bid advertisement and construction, and provide record drawings as described below: Bid Advertisement: If requested, IDS shall: • Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days; • Review addenda, and • Attend pre -bid meeting. Construction Support: All construction support work shall be at the request of and coordinated by the City of Santa Ana. As requested, IDS shall: AA IDS GROUP Page 20 Pacific Electric Bike Trail —Phase 2, Sand vointe Park RFP No.20-129 • Attend the pre -construction meeting. • Review and approve submittals, as requested. If requested, IDS shall complete submittal reviews within one (1) weeks of receipt. • IDS will provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. IDS shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. • IDS will be available- as requested by the City, to resolve discrepancies in the contract documents. IDS shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which the Consultant may observe. IDS shall have no authority to issue instruction on behalf of the City, or to deputize another to do so. • Furnish, at the consultant's sole cost and expense, all necessary drawings for corrections and change orders required by errors and omissions of the Consultant. Electronic files for the change orders shall be submitted to the city for duplication and distribution. Record Drawings /As -Built Plans: Upon completion of construction, the record drawings kept by the General Contractor shall be turned over to the IDS for preparation of "as -built" plans. IDS shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, IDS will submit an electronic file to the City in Microstation V81 CADD and pdf formats of the final as -built drawings via CD, e-mail, or through an FTP site. AA IDS GROUP Page 21 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Page 10 of 10 i:•.r � Submitted by: I DS G ROU P 1 Peters Canyon Road, Suite 130, Irvine California 92606 Ak ♦ 949.387.8500 ♦ www.idsgi.com y IDS GROUP November 24, 2020 City of Santa Ana, Public Works Agency 20 Civic Center Plaza; Ross Annex, 3rd Floor Reception Santa Ana, CA 92701 Attn: Mr. Kenny Nguyen, Project Manager SUBJECT: Fee Proposal to Provide Electrical Lighting Design Services for Pacific Electric Bike Trail —Phase 2 and Sandpointe Park, RFP No. 20-129 Dear Mr. Nguyen and Members of the Selection Committee: IDS Group (IDS) is pleased to submit our Fee proposal to complement our Technical proposal to provide electrical engineering services in response to the City of Santa Ana's Request for Proposal for Electrical Lighting Design Services, RFP No. 20-129. Our proposed project hours and fees are presented herein. Our Fee Proposal includes the standard reimbursable expenses as listed below our hourly rates. Our breakdown for each park is as follows: Pacific Electric Bike Trail, Phase 2 $46,035 Sandpoint Park $19,016 Should you have any questions or concerns relating to our fees, please feel free to contact Mr. Robin O'Neil, PE, MEP. I Group, Inc. in (Rob) O'Neil, PE MEP Principal 1 Peters Canyon Road, Suite 130, Irvine California 92606 ♦ T: 949.387.8500 ♦ F: 949.387.0800 ♦ www.idsgi.com `•, p Pacific Electric Bike Trail — Phase 2, Sand pointe Park RR�� RFP No. 20-129 Pacific Electric Bike Trail Phase II Preliminary Engineering 72 $9,624 Design Development 117 $13,827 Construction Documents 128 $15,521 Bid Advertisement, Construction Administration, Record Drawings 36 $4,663 Reimbursables $2,400 Totals 353 $46,035 Sandpoint Park Preliminary Engineering TotalTask 21 $2,666 Design Development 51 $5,728 Construction Documents 53 $6,321 Bid Advertisement, Construction Administration, Record Drawings 16 $1,901 Reimbursables $2,400 Totals 141 $19,016 IDS GROUP Page 2 4� Pacific Electric Bike Trail — Phase 2, Sand pointe Park RFP No.20-129 IDS Group, Inc. 2020 Rate Sheet Principal $190 Associate Principal $178 Senior Project Manager I Associate $168 Project Manager $157 Senior Architect or Engineer $146 Senior Cost Estimator $135 Project Architect or Engineer $135 Designer Architect or Engineer $120 Engineering Designer- BIM $105 Two Man Survey Crew $250 Architectural Job Captain I Designer $100 CAD Drafting Engineer I Architect $90 Office Administration $55 Expenses such as, but not limited to, plan check fees, permits, inspections, testing services, title company fees, special delivery charges, plotting/ presentation boards, maps, aerial photographs, and reprographics/ illustrations that may be required for community or other stakeholder presentation, shall be billed to the owner at Consultant's direct cost plus 5%. S jDS GROUP Page 3 Digitally signed by Francine R. Francine R. Villareal Villareal A� " CERTIFICATE OF LIABILITY INSURANCE [ �, , n, n, , -n,, 0 DATE (MM/DD/YYYY) 8/31/DD/Y 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 CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER Risk Strategies Company CONTACT NAME: Risk Strategies Company 2040 Main Street, Suite450 Irvine, CA 92614 PHONE Ext: 949-242-9240 FAX,No: E-MAIL ADDRESS: syoung@risk-strategies.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Travelers Indemnity Company of CT 25682 www.risk-strategies.com CA DOI License No. OF06675 INSURED IDS Group Inc. 1 Peters Canyon Rd., Ste 130 Irvine CA 92606 INSURER B : Travelers Property Casualty Co of America 25674 INSURERC: Travelers Casualty and Surety Co America 31194 INSURER D7 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: F,nrsg145 REVISION NUMBER: 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 INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY ✓ 6809H717919 5/1/2021 5/1/2022 EACH OCCURRENCE $$2,000,000 CLAIMS -MADE EVI OCCUR DAMAGE TO PREMISES (EaoccurrDenC.)$$1,000,000 VIED EXP (Any one person) $$10,000 PERSONAL & ADV INJURY $$2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $$4,000,000 PRO - POLICY ✓� ECT LOC PRODUCTS - COMP/OP AGG $ $4,000,000 $ OTHER: A AUTOMOBILE LIABILITY ✓ BA8F335897 5/1/2021 5/1/2022CO cccideDtSINGLELIMIT) $$1'000'000 ✓ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ✓ PROPERTYDAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY B �/ UMBRELLA LAB �/ OCCUR CUP71<299343 5/1/2021 5/1/2022 EACH OCCURRENCE $$9,000,000 AGGREGATE $$9,000,000 EXCESS LAB CLAIMS -MADE DED ✓ RETENTION $0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY /N ANYPROPRIETOR/PARTNER/EXECUTIVE Y❑ UB4K463295 5/1/2021 5/1/2022 PER ,/ STATUTE EERH E.L. EACH ACCIDENT $$1,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYEE $$1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $$1,000,000 C Professional Liability 107008332 11/12/2020 11/12/2021 Per Claim: $3,000,000 Aggregate: $ 3 , 0 00 , 0 00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: Agreement #2018-185 & 2016-136; A-2021-058; A-2020-230-01; RFP #18-031. City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory. City will be mailed 30 days written notice of policy cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE N RA Management Division RSC Insurance Brokerage 3 r REVIEWED &APPROVED BY.- © 1988-2015 ACORD ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD �' Risk Management Analyst 63689145 121-22 GL-AL-UL-WC, 20-21 PL Sherry Young 18/31/2021 4:23:14 PM (PDT) I Page 1 of 8 Insured: IDS Group, Inc. Policy No.:6809H717919 Effective Date:5/1/2021 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include 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, 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, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury" "property damage" or "personal Injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional Insured applies only to such "bodily Injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring 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 SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional 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 insured which covers that person or organizations as a named insured for such loss, 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 signed that "written contract requiring insurance". But this insurance provided to the additional insured 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 that person or organization is an additional insured under any other insurance. CG D3 81 03 15 Q 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permissi( 63689145 121-22 GL-AL-UL-WC, 20-21 PL I Sherry Young 18/31/2021 4:23:14 PM (PDT) I Page 2 of 8 Horzarya RAManagmentDivisian REVIEWED & APPROVED BY. - Risk Management Analyst COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury' offense is committed. 4. The following definition is added to the DEFINITIONS Section: 'Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization 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 signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 Q 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permissi 63689145 121-22 GL-AL-UL-WC, 20-21 PL I Sherry Young 18/31/2021 4:23:14 PM (PDT) I Page 3 of 8 �oRaN� 3r RAManag:lmentDiviaian REVIEWED & APPROVED BY. Risk Management Analyst IDS Group, Inc. BA8F335897 5/1 /2021 COMMERCIAL AUTO THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -- This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement, The following listing Is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what Is and Is not covered. A. BROAD FORM NAMED INSURED B, BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO -- LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following Is added to Paragraph A.1,, Who Is An Insured, of SECTION 11—COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- Ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision Is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever Is earlier. B. BLANKET ADDITIONAL INSURED The following Is added to Paragraph c. in A,1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: Any person or organization who Is required under a written contract or agreement between you and that person or organization, that Is signed and executed by you before the "bodily Injury" or "property damage" occurs and that Is in effect during the policy period, to be named as an addi- tional Insured Is an "Insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE -- INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L, NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured provision contained In Section II, C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION It — COW ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement In an "employee's" name, with your permission, while performing duties related to the conduct of your busl- ness. 2. The following replaces Paragraph b. In 8.6., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 63 02 16 0 2045 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services ©ffrce, Inc, vdth Its permission. rznry RiskMmWmentDMsian ' REVIEWED & APPROVED BY.- 3; r Risk Management Analyst 63689145 121-22 GL-AL-UL-WC, 20-21 PL I Sherry Young 18/31/2021 4:23:14 PM (PDT) I Page 4 of 8 COMMERCIAL AUTO) permission, while performing duties related to the conduct of your busi- ness, However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covered "auto", D. EMPLOYEES AS INSURED The following Is added to Paragraph A.'I., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours Is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 4. The following replaces Paragraph A.2.a.(2), of SECTION 11— COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a,(4), of SECTION 11 -- COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -- LIMITED WORLDWIDE COV- ERAGE — INDEMNITY 13ASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) .Anywhere In the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation Imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (If you are a partnership), members (if you are a limited liability company) or members of their households, (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada. (1) You must arrange to defend the "in- sured" against, and Investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (II) Neither you nor any other Involved "Insured" will make any settlement without our consent. (iii) We may, at our discretion, participate In defending the "insured" against, or in the settlement of, any claim or "suit (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily Injury" or "property damage" to which this Insurance applies, that the "in- sured" pays with our consent, but only up to the limit described In Para- graph C., Limits Of Insurance, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE, (v) We will reimburse the "Insured" for the reasonable expenses incurred with our consent for your Investiga- tion of such claims and your defense of the "Insured" against any such "suit", but only up to and Included within the limit described In Para- graph C., Limits Of Insurance, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE, and not In addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of Insurance In payments for damages, settlements or defense expenses, (b) This Insurance is excess over any valid and collectible other Insurance available to the "insured" whether primary, excess, contingent or on any other basis, (c) This Insurance is not a substitute for re- quired or compulsory insurance In any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 02015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance 5ervlces Office, Inc, with Its permission. Risk Management DMsian rREVIEWED & APPROVED BY. - Risk Management Analyst 63689145 121-22 GL-AL-UL-WC, 20-21 PL I Sherry Young 18/31/2021 4:23:14 PM (PDT) I Page 5 of 8 You agree to maintain all required or compulsory Insurance In any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not Invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It Is understood that we are not an admit- ted or authorized insurer outside the United States of America, Its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of Insurance, or for compliance in any way with the laws of other countries relating to Insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following Is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE -- INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use Is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence In Para- graph A.4.a„ Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We' will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following Is added to Paragraph A.4„ Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "Insured"; and COMMERCIAL AUTO (2) In or on your covered "auto", This coverage applies only In the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage, K. AIRBAGS The following Is added to Paragraph B.3., Exclu- sions, of SECTION III -- PHYSICAL DAMAGE COVERAGE: Exclusion 3.a, does not apply to "loss" to one or more airbags in a covered "auto" you own that In- flate due to a cause other than a cause of "loss" set forth In Paragraphs A.9.b. and A.'I.c., but only: a. If that "auto" Is a covered "auto" for Compre- hensive Coverage under this policy; b. The alrbags are not covered under any war- ranty; and c. The airbags were not intentionally Inflated, We will pay up to a maximum of $1,000 for any one "loss", L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A,2,a., of - SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" Is known to: (a) You (if you are an Individual); (b) A partner Of you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (If you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.B., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 6. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 16 ® 2015 The Travelers Indemnity Company, All rights reserved. Risk Mwag""entDMsiu t Includes copyrighted material of Insurance Services Office, Inc. with Its permission, r fdEVlEuveD & APPROVED sr: );' Risk Management Analyst 63689145 121-22 GL-AL-UL-WC, 20-21 PL I Sherry Young 18/31/2021 4:23:14 PM (PDT) I Page 6 of 8 COMMERCIAL. AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated In such error in, any Information given by you shall not contract. prejudice your righis under this insurance, How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B,2,, Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV BUSINESS AUTO CONDITIONS., Page 4 of 4 0 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of insurance services Office, Inc. with Its permission. 63689145 121-22 GL-AL-UL-WC, 20-21 PL I Sherry Young 18/31/2021 4:23:14 PM (PDT) I Page 7 of 8 Q N rznry ' RiskManagementDiAsian REVIEWED & APPROVED BY. - Risk Management Analyst 6809H717919 BA8F335897 POLICY NUMBER: UB4K463295 CUP71<299343 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY- NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR City of Santa Ana ORGANIZATION: Attn: Risk Management Division ADDRESS: 20 Civic Center Plaza Santa Ana CA 92701 PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4 05 03 11 © 2011 The Travelers Indemnity Company. All rights reserved. 63689145 121-22 GL-AL-UL-WC, 20-21 PL I Sherry Young 18/31/2021 4:23:14 PM (PDT) I Page 8 of 8 Page 1 of 1 Q rznry ' RiskMwagemedDiMsiun REVIEWED & APPROVED BY. - Risk Management Analyst