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INSTRUMENT CONTROL SERVICES
INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 05.01•?�LZ CLERK OF COUNCIL DATE— A-2022-009-03 AGREEMENT WITH INSTRUMENT CONTROL SERVICES TO PROVIDE N INDUSTRIAL CONTROL PANEL BUILDING AND DESIGN SERVICES *-+ THIS AGREEMENT is made and entered into this 18th day of January 2022 by and between tt� Instrument Control Services, a California corporation ("Contractor"), and the City of Santa Ana, W a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). d • PA &rnWeL) (Sx) Z RECITALS A. On September 10, 2021, the City issued Request for Proposal No. 21-100, by which it sought qualified contractors to provide industrial control panel construction/fabrication and design services, not including control panel programming and system integration, on an as -needed basis for the Water Resource Division of the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-100. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-100, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of three (3) contractors selected to provide services on an as - needed basis under RFP 21-100. The total compensation for services provided by all contractors selected under RFP No. 21-100, including any extension period, shall not exceed the shared aggregate amount of seven hundred fifty thousand dollars and zero cents ($750,000). Page 1 of 10 b. Payment by City shall be made within forty-five (45) 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 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 18, 2022 and terminate on January 17, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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 Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 OF 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and Page 2 of 10 perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. If Contractor 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 $2,000,000 per claim with $2,000,000 in the aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Citv requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City Page 3 of 10 b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Page 4 of 10 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of hisurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor 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 Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, Page 5 of 10 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 terns of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special corunsel 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 Contractor'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor Page 6 of 10 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, 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 Contractor. 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 Contractor 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 are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 mill and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. 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. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. Page 8 of 10 18. NON-DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 21. 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 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. [signatures on nextpagcJ Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: Daisy Gomez `l— Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney r By: '13andon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA KristineRidge City Manager INSTRUMENT CONTROL SERVICES Name: MichaeN LeBlanc Title: CFO Page 10 of 10 EXHIBIT A SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population over 343,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones. Control and monitoring of the water system is coordinated via the City's supervisory control and data acquisition (SCADA) system, The City maintains and operates over 50 remote terminal units and control panels. The City of Santa Ana Public Works Agency Water Resources Division is soliciting proposals from qualified firms to provide industrial control panel construction/fabrication and design services on an as -needed basis. Control panel programming and system Integration is not included in this contract. The City intends to select and enter into agreements with up to three firms to provide the described services for an aggregate annual amount amongst all selected firms. B. CONTRACTOR RESPONSIBILITIES The City of Santa Ana invites proposals to establish multiple contracts with vendors who can build and/or design industrial control panels for pressure control stations, water pump stations, sewer lift stations and water well sites. The Contractor shall provide all supervision, labor, tools, supplies, materials, vehicles, lifts, equipment, and transportation to ensure effective performance of services as described herein. The Contractor shall also be responsible for providing any required quality assurance and quality control testing services and training services. All work shall be in accordance with applicable trade practices, workmanship, meet warranties and shall conform to all applicable laws, codes and regulations. Business hours are considered from 7:00 A.M. to 5:00 P.M. (Monday through. Friday). Anytime outside of business hours of operation may be considered after hours/weekends. C. SCOPE OF SERVICES The scope of work will include industrial control panel building services, factory acceptance testing (FAT), in -field verification testing, panel design services, training, and all miscellaneous work (not including programming and integration) necessary to complete the following types of tasks: 1. PANEL BUILDING SERVICES The Contractor shall construct and furnish industrial control panels, and all work shall be in compliance with the National Electric Code (NEC), Underwriters Laboratories (UL) 508A (standard for the construction of industrial control panels) and UL508 (standard for safety for industrial control equipment). The Contractor shall be responsible for the procurement of all materials and the fabrication of the control panels based on provided design drawings City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 14 of 39 and/or functional specifications. The Contractor shall be capable of providing panel building services consisting of the following components: 1. Motor control centers (MCCs) 2. Remote terminal unit (RTU) control panels 3. Human machine interfaces (HMIs) 4. Programmable logic computers (PLCs) 5. Variable frequent drives (VFD) 6. Motor operated valves (MOV) 7. Magnetic flowmeters (various brands) 8. Radio and communications equipment 9. Other related appurtenances Prior to the commencement of panel building services, the Contractor shall assess the project and provide a submittal to the City containing proposed equipment and components as well as a project schedule for the construction of the panels. The Contractor shall provide separate quotes, which shall be approved by the City's Project Manager prior to the commencement of work with a clearly established scope and timeline parameters. After receiving the City's Notice to Proceed, the Contractor shall begin the procurement of all equipment and materials associated with the construction of the new control panel. The Contractor shall inform the City of any long lead times that may affect project deadlines and the overall construction schedule. In addition and upon request by the City, the Contractor shall also repair and retrofit existing panels per the City's specifications and adhering to codes and regulations. 2. FACTORY ACCEPTANCE TEST The Contractor shall provide quality assurance and quality control through factory acceptance testing (FAT) on all constructed industrial control panels. The initial un- witnessed FAT procedures shall be performed by the Contractor's Test Engineer internally, and all self -identified non -conformances shall be rectified by the Contractor. Once all self - identified non -conformances are rectified, the final witnessed FAT procedures shall be overseen by a City Representative and performed by the Contractor's Test Engineer. The Contractor's Test Engineers shall be responsible for recording items checked and non - conformances. The following panel components shall be verified by the Contractor and City Representative during the FAT when applicable: 1. Panel Components and Mounting: a. The Contractor shall verify the panel assembly and the interior/exterior layout with the design. b. The Contractor shall confirm the enclosure mechanical components match the design and operate as specified (includes door latches, door closed switches, door stops, laptop shelf, disconnect handles, etc.). c. The Contractor shall confirm the spacing requirements of components and accessibility are met for panel installation and maintenance purposes (per design specifications). d. Heat vents, exhausts, fans, and dissipation areas of all applicable components shall be checked in addition to wires, devices, and shipping City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 15 of 39 stickers on components. e. The Contractor shall confirm all items specified on bill of materials (including placement of parts in the panel schematics and panel layout sheets) have been provided and installed per specifications. f. The Contractor shall confirm the mounting security of each component by physically shaking each component without causing damage to the panel. g. All control panel labels shall be checked and labeled properly. h. The Contractor shall verify the panel construction comments have been implemented, if applicable. 2. Panel Wiring a. The Contractor shall verify all fuse types and rating; as well as ensure fuses are not damaged or blown (by verifying continuity). b. If applicable, DIN rails mounted on insulated standoffs shall be removed to verify there is no continuity between the DIN rail and back panel ground bus. Upon completion of the verification, the Contractor shall reconnect the bonding jumper. c. The Contractor shall verify each DIN rail mounted ground terminal for continuity between the ground terminal and the back panel ground bus, if applicable. d. The Contractor shall confirm all wire sizes and colors match the design specifications. e. Verification of wire number labels (clear, correct, and facing forwards) f. Verification of terminal number labels (clear, correct, and facing forwards) g. The Contractor shall confirm labeled wires are connected to the correct component terminals and blocks. h. "Tug test' to confirm proper termination on wires I. Confirm there are no loose wire strands or fraying at termination points j. The Contractor shall verify all shields are cut off and properly insulated at non -connected end of shielded wires. k. The Contractor shall ensure dual in -line package (DIP) switches, rotatory switches, and jumpers for PLC modules and other components are set correctly. 3. Power Distribution and Initial Power Up Sequence The Contractor shall perform the following sequence to verify the power distribution circuits are operating correctly: a. Verify no voltage present on the wires of the incoming power wires, terminals, and the line side of the circuit breakers, b. Turn on all alternation current (AC) circuit breakers, close all AC fused disconnect terminal blocks, and close all direct current (DC) fused disconnect terminal blocks (if applicable) that serve auxiliary DC loads, and pull out the Emergency -Stop pushbutton (if present). c. Confirm there is no direct connection between each AC phase and ground, Verify no continuity, if multiple AC sources exist check each one separately, d. Confirm there is no direct connection between each AC phase and neutral. City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 16 of 39 Verify no continuity, if multiple AC sources exist check each one separately. e. Confirm there is no direct connection between each DC positive and ground. Verify no continuity, if multiple DC sources exist check each one separately. f, Confirm there is no direct connection between each DC positive and common. Verify no continuity, if multiple DC sources exist check each one separately. g. Turn off all AC circuit breakers, open all AC fused disconnect terminal blocks, and open all DC fused disconnect terminal blocks (if applicable) that serve auxiliary DC loads (not fuses associated with 1/0 loops), and push in Emergency -Stop pushbutton (if present). h. Earth ground wire of AC control power source is connected to the ground bus within the panel. i. Connect and power -up AC control power source. Verify there is the correct AC voltage (measured from line -to -neutral) on line and load sides of input transient voltage surge protector (if present) and line side of AC main circuit breaker. j. Close AC main circuit breaker, AC main fuse, and/or AC main disconnect. Verify that the correct AC voltage is present on the AC terminal blocks and on the line side of all AC secondary circuit breakers. k. Verify the AC main circuit breaker de -energizes and energizes all AC power circuits in the panel. Close each AC secondary circuit breaker or fused disconnect one -at -a -time. Verify that the correct AC voltage is present at each of the devices served by these circuit breakers. I. Verify each AC secondary circuit breaker de -energizes and energizes each of the devices served by these breakers. m. Verify receptacle is properly connected by testing with a receptacle polarity tester. n. If panel is equipped with a humidistat and panel heater, verify proper operation of heater. o. If panel is equipped with a cooling fan, verify proper operation of the fan. p. Verify that the correct DC voltage is present on the output of the DC power supply(s). q. Verify that the correct DC voltage is present on the output of the DC uninterruptible power supply (UPS). r, Disconnect the battery backup to the DC UPS. Verify that DC voltage is maintained on the output of the DC UPS. Following the test, reconnect battery backup. s. Open the AC main circuit breaker. Verify there is no DC voltage on the output of the DC UPS. Following the test, close AC main circuit breaker and verify the DC voltage is present on the output of the DC UPS. t. Open the AC secondary circuit breaker for the DC power supply. Verify there is no DC voltage on the output of the DC UPS. Following the test, close AC circuit breaker for the DC power supply and verify the DC voltage is present on the output of the DC UPS. u. Electrically trip the AC main circuit breaker (Only if the breaker has manual trip function). Verify that DC voltage is maintained on the output of the DC UPS. Following the test, reset the AC main circuit breaker and verify the DC voltage is present on the output of the DC UPS. v. Electrically trip the AC secondary circuit breaker for the DC power supply City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 17 of 39 (Only if the breaker has manual trip function). Verify that DC voltage is maintained on the output of the DC UPS. Following the test, reset the AC circuit breaker for the DC power supply and verify the DC voltage is present on the output of the DC UPS. w. If panel is equipped with DC fuses for auxiliary devices (not fuses associated with input/output (1/0) loops), close each fused disconnect terminal block one - at -a -time. Verify that the correct DC voltage is present at each of the devices served by these fuses. x. If panel is equipped with DC fuses for 1/0 loops, close each fused disconnect terminal block one -at -a -time. Verify that the correct DC voltage is present at each of the 1/0 served by these fuses. y. Verify each DC fuse de -energizes and energizes each of the devices or 110 points served by these fuses. z. Disconnect AC power from the panel without opening the AC main circuit breaker or AC main fused disconnect terminal block. Verify that DC voltage on the output of the DC UPS is maintained for at least 10 minutes. Following the test, reapply AC power to panel, verify the UPS is charging the battery backup. 4. 1/0 Checkout The Contractor shall verify every 1/0 point operates correctly, including ones marked as spare by completing the following: a, Configure the PLC for 1/0 checkout (PLC program, networking configured, etc.). b. Test digital inputs by applying the appropriate voltage or by applying a jumper to the field terminals and checking the status lights on the input module and appropriate tag in the controller. c. Test the digital outputs by forcing the output in the Controller and checking the status light on the output module and that the correct voltage or contact state is present at the field terminals. d. Test analog Inputs by applying 3.8mA, 4mA, 12mA, 20mA, and 20.2mA to the filed terminals and checking that the tag in the Controller varies accordingly. e. Test analog outputs by forcing the output in the Controller to values between the minimum and the maximum and checking that the current at the field terminals varies accordingly. f. If the panel is equipped with any indicating lights or process displays, verify they operate correctly. The Contractor shall utilize the form in Exhibit C or an equivalent approved equal to complete the FAT. Upon completion of the witnessed FAT with a City Representative, the Contractor shall provide a UL508 certification label and supporting documentation confirming and validating proper operation of the equipment as well as conformance with quality, configuration, and testing standards. 3. POST -INSTALLATION FIELD TESTING Once the installation of all industrial control panels, field instrumentation, and other related City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 18 of 39 equipment has been completed, the Contractor shall perform the following post -installation field verification tests: 1. Site Acceptance Test (SAT) Once system installation has been successfully completed and installed, the Contractor shall perform a site acceptance test (SAT). The Contractor shall test the full operation and functionality of the completed system in the SAT with a City Representative. The Contractor shall provide any rectifications required to complete the SAT. The Contractor shall utilize the form in Exhibit C to complete the SAT and shall advise any additional components that necessitate testing. Once all operation and functionality are confirmed and approved by City Personnel in the SAT, the Contractor shall commence on -site closeout and final completion of the project. 2. On -Site Closeout During the on -site closeout, the Contractor shall review the panel construction drawings for any redlines, changes or corrections that have been added and confirm they match in the field. The Contractor shall confirm all non -conformances have been corrected, re -tested, and signed off. The Contractor shall confirm the UL508 label has been affixed to the panel. The Contractor shall clean and vacuum the panel as well as take detailed photos after installation. 3. In -Office Closeout The Contractor shall redline all changes to the design made during construction and testing on the as -built panel schematics and shall provide all records including photos and schematics to the City upon closeout of the project. 4. PANEL DESIGN SERVICES Upon request by the City, the Contractor shall provide control panel design services that conform to City standards. Control panel designs and drawings shall contain fully engineered diagrams that specify all equipment, back panels, terminal blocks, and special components and related items. The wiring diagrams, specific 1/0, panel dimensions, items and quantity list with specific part numbers shall also be included in the designs. All wiring diagrams shall show all components, including power and control wiring, instrumentation wiring, ground wiring, terminal blocks, and their associate nameplates with terminal block termination designations, identification labels, and wire sizes, types and colors. Panel design documents shall be complete and inclusive of all information necessary for the City to utilize for construction purposes. When applicable all panel designs and schematics shall include, but are not limited to: 1. Table of Contents 2. Drawing Symbol Key 3. Bill of Materials 4. Construction Comments and Special Instruction 5. Control Panel Exterior Detail City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 19 of 39 6. Terminal Strip Detail 7. Control Panel Labels 8, AC Power Distribution 9. DC Power Supply 10.Time Relays 11. Panel Temperature Monitor 12.Switch Details 13.AC Discrete Output Relays 14. Discrete Input Module 15.Analog Input Module 16.Analog Output Module 17, Network Components 18.Interior Panel Dimensions 19. Exterior Panel Dimensions The Contractor shall also provide calculations regarding the temperature, load power, and uninterruptable power source (UPS) runtime when applicable as described below: 1. Enclosure temperature calculations shall be based on operating duty cycle for equipment in the enclosure. Size enclosures to use passive or active cooling techniques as required to maintain the recommended operating temperature for any component inside the enclosure given project environmental conditions as specified by the City. 2. Full load power calculations for all sources of power shall be provided. 3. UPS runtlme calculations for the calculated full load supplied by the UPS and the selected batteries shall be provided to the City. All panel designs and calculations shall be completed in compliance with all functional specifications and applicable standards, codes and regulations. 5. ADDITIONAL PANEL EQUIPMENT The Contractor shall procure and provide miscellaneous equipment required to complete tasks related to industrial control panels for water pump stations, pressure control stations, sewer lift stations, water well sites, and any additional sites upon request by the City. Miscellaneous equipment may include but is not limited to replacement parts, retrofits, upgrades, any additional supplementary parts required for repair, etc. 6. TRAINING SERVICES Upon request by the City, the Contractor shall provide in -person training services in accordance with National Electrical Code (NEC) and Underwriters Laboratories Inc (UL) regulations. The Contractor shall provide customizable training classes regarding specific - use industrial control panels, panel components, wiring, switching devices, etc. The Contractor shall also review the operation and maintenance for each component of the control panels. All manufacturer's manuals for equipment shall be included as well as operations and maintenance manuals for key components. City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 20 of 39 D. CODE COMPLIANCE All control panels shall be manufactured in accordance with: • Underwriters Laboratories Inc (UL508 & UL508A) • Institute of Electrical and Electronics Engineers (IEEE) • National Electrical Manufacturers Association (NEMA ICS 6 & 250) • International Electrotechnical Commission (IEC) • National Electrical Code (NEC) standards • National Fire Protection Agency (NFPA 70) • American National Standards Institute (ANSI) E. PROJECT MANAGEMENT AND COORDINATION When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designated Project Manager, The Contractor shall not proceed with any work without the approval of the City's designated project manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long-term tasks if any. F. SUBCONTRACTORS The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. G. MARKUP The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): 1) Labor................................................................................................20 2) Materials...........................................................................................15 3) Equipment Rental............................................................................. 15 4) Other Items and Expenditures, ......................................................... 15 H. MINIMUM QUALIFICATIONS City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 21 of 39 The Contractor shall meet the following minimum qualifications: 1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Contractor shall have a minimum of five (5) years of experience in providing industrial control panel building services. 3. The Contractor shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 4. Provide all necessary equipment to competently perform and complete work as specified. 1. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor under the contractor's supervision is trained in the work practices necessary to safely perform his or her job. J. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Contractor(s) shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City, K. FEE SCHEDULE Contractor shall submit a fee schedule as described in Section IV.B.3 of RFP. The Well 40 and SA-7 panel design drawings provided as Exhibit A and Exhibit B respectively are to be used as the basis for completing the Fee Schedule form. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section --- City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 22 of 39 Customer: City of Santa Ana Instrument Control Services Cost Proposal WATER RESOURCES PANEL BUILDING Prepared By; Instrument Control Services 6085 King Dr. Suite \# 100 Ventura, CA 93003 Tel: 805-642-1999 Fax:805-642-3911 SERVICES RFP NO.: 21-100 Submitted 10/08/2021 1cM41 1 of 11 2 of 11 A. Cover Instrument Control Services is a California Corporation providing Automation and Controls for the aerospace, refining, manufacturing, oil field, semi -conductor, agriculture, water and wastewater treatment and bio-tech industries located throughout the Southern California. Our diverse experience allows us to provide a complete solution for our locations in Ventura and Bakersfield, Ca. Our Automation Group provides full Systems Integration support with automation design, UL "508A" panel fabrication, electrical / instrumentation construction and maintenance, PLC/SCADA programming and facility start up. • Our Maintenance Group provides full time or temporary facilities operations support with field instrument technicians, operator, mechanics, and roustabouts. Instrument Control Services was formed in 1994 and incorporated on March 14, 2003. TIN: 134247157 CSLB #: 950744 (Class A/C10) DIR #: 1000015547 UL File #: E208393 DUNS #: 090670225 B. Agreement Statement: I have reviewed all of the documents contained in the 'Request for Proposals for Water Resources Panel Building Services RFP No.: 21-100" understand and concur with all provisions as contained in the standard agreement attached "Attachment 4" Standard Agreement' Michael LeBlanc Instrument Control Services 6085 King Drive # 100 Ventura, CA 93003 3 of 11 C. Firm and Team Experience Kev Comoanv Personnel for Proiect Michael LeBlanc: Director of Industrial Automation/CFO; 30 + years of experience in Instrumentation, SCADA and PLC systemdesign and programming. (27 years), 10% Project Manager Warren Hague: Senior Project Manager; 35 + years of experience in Industrial Contracting and Project Management. (3 years), 30% Assistant Project Manager Jon Lockhart, PMA: Project Manager/Technical Writer; 30 + years of experience in Commercial/Industrial Construction, and Project Management. (9 years 11 months), 20% Terry Howsham: Engineer /Programmer; 30 + years of experience in SCADA and PLC system design and programming. (7 years 3 months) 10% Tim Rollins: Shop Foreman; 30 + years of experience in the fabrication of Control Panels, supervising the personnel our UL 508A Panel Shop and in charge of Quality Control. (16 years 6 months) 30% Our offices are in the San Buenaventura and Bakersfield, CA where we maintain a full-time staff of 50 employees for administration, engineering support, field service technicians and control panel builders. This enables us to support our clients rapidly with the necessary engineering or service representative. Organization Chart See Attached 1 D. Understanding Scope of Services: Once Awarded a project our Administration Group will execute the Contract acquiring License, Permits and submitting Certificates of Insurance or any other document required. Once the Contract is Fully executed our Team will schedule a Kickoff Meeting to introduce our Company, Point of Contact and the supporting personnel that will be assigned to the current project. In this meeting we will review the Scope of Work, determine the Submittal requirements, format and/or any other technical issues that we may have identified. After the Notice to Proceed is issued our review process will determine if any calcification is required and submit the questions in the form of an RFI. Following any RFI responses all of the design drawings, material cut sheets, and/or any Acceptance Test documents for approval. Upon the approval of all Submittals procurement will begin and turned over to our Shop Foreman for fabrication. During and after the control panel fabrication our Shop Foreman will conduct an internal Quality Assurance and Factory Test in preparation of a Witnessed Factory Test. The next step will be our personnel hand delivering the control panels to their destination. Our Team will keep in contact with the installers so a schedule can be developed for the Post Installation Field Test. During the Post Installation Test our technicians will verify the installation and wiring in preparation for the Site Acceptance Test. After the completion of the Site Acceptance test any Wiring Redlines will be incorporated into, the As Builts and the Operations and Maintenance Manuals will be submitted for review. If any training is required that will be scheduled conducted before ethe final close out of the project. 4 of 11 E. Relevant Project Experience Arvin Community Services District 2021 Project: Arsenic Mitigation Phase II (4) PLC Control Panels, Instrumentation, SCADA, PLC & HMI Programming for the integration of 7 Remote Well and Booster Station sites. Contract Amount: $ 328,633 Contact P&J Electric 661-822-6217 Metropolitan Water District Project: F. E. Weymouth Water Treatment Plant Chemical Upgrades 2019 (27) RTU Termination and Communication Cabinets, Chemical Tank Fill, Pump Control, Alarm, Valve Control and Safety Shower Control Panels and Instrumentation. Contract Amount: $364,976.00, Contact: Hobbs Bannerman 310-212-6500 Los Angeles Department of IDWPI water & Power Los Angeles Department of Power and Water Project: Elysian Reservoir Quality Improvement 2018 (17) Pump Control, PLC, Telecom, Hydraulic, Air Compressor and Sample Pump Control Panels and Instrumentation. Contract Amount: $470,928.00, Contract: CSI Electric 562-946-0700 The City of Paso Robles Project: Wastewater Treatment Plant Upgrade 2017 (15) PLC, Chemical, Pump Control and Truck Unloading Control Panel, Instrumentation, SCADA, PLC & HMI Programming Contract Amount: $1,092,641.00, Contract: Southern Contracting 760-744-0760 Project: Wastewater Tertiary Treatment Facilities 2019 (1) Control Logix PLC, Integration of UV Trojan PLC, Instrumentation, SCADA, PLC & HMI Programming Contract Amount: $232,889.00, Contract: Electricraft 805-544-8224 County of Ventura Public Works — Active Client Various Pump Station Control Panels: Greentree Booster Pump Station, Bradley Turnout Station, District 1 S&K Pump Station. Contact: Raul Ruiz 805-378-3043 F. References See Attachment 3 G. Fee See Cost Proposal in Separate Cover 5 of 11 al \< \�\ «_2 2 Raul Barraza, Jr Arvin Community Services General Manager/( Appendix ATTACHMENT 3: REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications, Attach additional gapes if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Arvin Community Services Address: 309 Campus Drive, Arvin, Ca 93203 Contact Individual: Raul Barraza, Jr Phone Number: 661-854-2127 Facsimile Number: 661-854-8230 Contract Amount: $328,633.00 Year: 2021 Arsenic Migration Phase II Description of supplies, equipment, or services provided: (3) AB Compact Logix Panels, PLC & Ignition SCADA programming, Instruments for 7 remote sites Reference Customer Name: City of San Buenaventura Contact Individual: John Willis Address: 1400 Spinnaker Dr, Ventura, CA 93001 Phone Number: 805-677-4127 Facsimile Number: Contract Amount: $427,800.00 Year: 2021 VWRF Digester Improvement Description of supplies, equipment, or services provided: AB Control Logix, (6) LCP, (4) Valve Control, (6) Temperature Control Panels, Instruments Reference Customer Name: City of El Paso De Robles Address: 3200 Sulphur Springs Road Paso Robles, CA 93446 Contract Amount: $1,092,641.00 Contact Individual: Nick Kamp Phone Number: 805-237-3865 Facsimile Number: Year: 2017 Wastewater Treatment Plant Upgrade Description of supplies, equipment, or services provided: (15) PLC, Chemical, Pump & Truck Unloading Control Panel, Instrumentation, SCADA, PLC & HMI Programming THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana - RFP 21-100 Water Resources Panel Building Services PadWOJ of 39 APPENDIX ATTACHMENT 5: CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to Signed State of California County of Ventura Subscribed and sworn to (or affirmed) before me on this 6th day of October , 21 21, by Michael J LeBlanc , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Nota P blic Signature Notary Public Seal C. JONES CMM. #2288015 z rc s NotOary Public • Callfomia C z Ventura County comm.I my 'res 10 2023 City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 35 of 39 8 of 11 NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. r---,, N f Signed: Title: CFO Firm: Instrument Control Services Date: 10/06/2021 City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Page 36 of 39 9 of 11 NON-DISCRIMINATION CERTIFICATION The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3, The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana - RFP 21-100 Water ResourcegWAI Building Services Page 37 of 39 The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or Contractor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States, 8. Pursuant to Califomia Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter_ Signed: Title: CFO Firm: Instrument Control Services Date: 10/06/2021 City of Santa Ana - RFP 21.100 Water Resources Panel Building Services PapfoJ8 of 39 EXHIBIT C Appendix ATTACHMENT 2: FEE SCHEDULE Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Instrument Control Services i `,ITEM # BID ITEM UNIT QUANT TY IT PRIC O N Panel Building Services 1' SA-7 Radio Repeater Panels as Specified in Exhibit A EA 1 $ 20,563.00 $ 20,563.00 2' Well 40 Remote Terminal Unit Panels as Specified in Exhibit B EA 1 $ 3614200 . , $ 36,142.00 3. One -Day Training Session EA 2 $ 3,015.00 $ 6,030.00 TOTAL $ 59,720.00 $ 62.735.00 City of Santa Ana - RFP 21-100 Water Resources Panel Building Services Pag?e18 of 39 along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Instrument Control Services 134247157 COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO. 6085 King Drive # 100 Ventura, CA 93003 BUSINESS ADDRESS STREET CITY/STATE ZIP CODE X Michael J LeBlanc CFO/Director of Industrial Automation SIGNATURE OF AUTHORIZED AGENT NAME (PRINT) TITLE mleblanc@instrumentcontrol.com 805-642-1999 EMAIL ADDRESS PHONE NUMBER 950744 CSLB NUMBER 1000015547 DIR REGISTRATION NUMBER City of Santa Ana - RFP 21-100 Water Resources Panel Building Services PaOA of 39 INSTRUMENT CONTROL SERVICES AUTOMATION, ELECTRICAL, INSTRUMENTATION, MAINTENANCE AV D b'.4C.VE REPAIR Contractor's License # 950744 1 C WN 6085 King Drive # 100 Ventura, CA 93003 Tel: 805-642-1999 Fax:805-642-3911 Effective January 1, 2021 Instrument Control Services is pleased to submit the following service rates. RATEIHOUR ELECTRICAL & CONTROLS ENGINEER (PE) $240.00 SENIOR DESIGN & SYSTEMS INTEGRATOR $185.00 DESIGN ENGINEER I & SYSTEMS INTEGRATOR 1 $165.00 DESIGN ENGINEER II & SYSTEMS INTEGRATOR II $155.00 PROJECT MANAGMENT $135.00 CAD OPERATOR $95.00 PANEL FABRICATOR $85.00 OFFICE ADMINISTRATION $65.00 "Onsite Service Rate dependent of Prevailing Wage Determination plus Labor Burden and allowed 20% markup 5 of TERMS Effective January 1, 2021 STRAIGHT TIME: Straight time rates apply to the first (8) hours per day. OVER TIME: Over time rates apply to the time worked more than (8) hours per day, Monday through Friday, all day Saturday, the first 8 hours on Sunday and oncall outs between (5PM-7AM). This rate will be charged at (1.5 times) the straight time rate. PREMIUM TIME: Premium time rates apply to all time worked more than (12) hours per day, all hours past *8 on Sunday, the holidays list by company's human resource department for their employees and on call outs between (5PM- 7AM) on Saturdays and Sundays. This rate will be charged at (2 times) thestraight time rate. * Based on consecutive days as per labor Laws* HOLIDAYS: company holiday schedules for assigned staff. Holidays are billed at Premium Time rate of (2 times) the straight time rate. SHIFT DEFERENTIAL: Day: 6:00 AM to 6:00 PM, rates equal to published rates. Night: 6:00 PM. to 6:00 AM, rates equal to published rates plus 7.5 %. CALL -OUT: Minimum time: 4 hours TRAVEL TIME FOR CALL -OUT: All travel time is to be charged according to time conditions above. Travel time is to be paid from shop to job site and back to shop. TRAVEL TIME: All travel time is to be charged according to the time conditions above. Travel time is to be from shop to job site for Land jobs and portal to portal foroffshore jobs. EXPENSES: All expenses will be itemized and billed cost plus 15 %. PER DIEM: GSA listed Per Diem rates are utilized and apply to work facilities/locations beyond 50 miles of the ICS Main Office for Land jobs and/or beyond50-miles off -shore assigned staff normal report to portal location. Francine R. Digitally signed by Francine R. Villareal Ru_.-__, namnnn nl Ja n. n.m ACOR ' CERTIFICATE OF LIABILITY INSURANCE V II Ia I rai D#YEb(k,MIDDIYYYY) ,2/2212021 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 CONTACT Claribel Garcia NAME: Tolman & Wker Insurance Services, LLC PHONE (805) 585-6179 FAX (805) 585-6179 LA No Ext . A/C No : 196 S. Fir Street AD L CO arcla tolmanandwikm ecco ADDRESS: g PO BOX 1388 INSURERISI AFFORDING COVERAGE NAIC N Ventura CA 93002-1388 INSURERA: Crum& Forster Specialty Ins. Co. 44520 INSURED INSURER B: West American Ins Co 44393 INSURER C: StarNet Ins Co 40045 Instrument Control Services, DBA: ICS INSURER D 6085 King Drive #100 INSURER E: Ventura CA 93003 INSURER F: COVERAGES CERTIFICATE NUMBER: 21/22 GUAU/XSANC/ED 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 MD POLICYNUMBER POLICY EFF MIUDDnEori POLICY MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7X OCCUR EACH OCCURRENCE s 1,000,000 DAMA T RENTED PREMISES R occurrence) S 50,000 MED EXP (Any one person) $ 5,000 PERSONAL B ADV INJURY 5 1,000 000 A Y Y EPK-137097 09/23/2021 09/23/2022 GEN'LAGGREGATE LIMIT APPLIES PER POLICY JET LOG GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMPIOPAGG S 21000,000 $ OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E...cadent S 1,000,000 x BODILY INJURY( Per person) $ ANVAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS BAW(22)57612929 10/20/2021 10/20/2022 BODILY INJURY (Per accident) S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB �/ X OCCUR EACH OCCURRENCE $ 5.000,000 AGGREGATE S 5,000,000 A EXCESS ICLAIMS-MADE EFX-118920 09/2W2021 09/23/2022 DED RETENTION S S WORKERS COMPENSATION PER I 01 C AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERiEXECUTIVE ❑NIA OFFICERIMEMBER EXCLUDED? (Mandatory in NH) Uses describe under DESCRIPTION OF OPERATIONS belay KEY0138780 OS/01/2021 OS/01l2022 STATUTE ER 1 EL EACH ACCIDENT S 1,000,000 EL. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY UNIT 5 1,Oo0,000 ERRORS & OMISSIONS A EPK-137097 09/23/2021 09/23/2022 Limit 1,non Tom Deductible: 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) GL The City of Santa Ana, its officers, officials, employees, and volunteers are Additional Insured as respects to referenced project performs EN01110211 and EN03200211. This Insurance is Primary & Non -Contributory to any other Insurance perform EN01180211. A Waiver of Subrogation is added in favor of the Additional Insured perform EN1180211. Endorsements apply only as required by current written contract on Ale. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92703 y=+y,,, RfdrhtarugemrnbD"nteton y%,, REVIEwEn&APpRov®Rr. ©1988.2015 ACOR `• F'A>:-arrsa �, �:.te<e ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD�Risk Management Analyst CRUM&FORSTER THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. EN0111-0211 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Risk MnugementDMsian m RWEWED&APPROVBY: AliK Risk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Additional Person(s) or Organization Required By Written Contract. SCHEDULE Location And Description Of Completed Operations Required By Written Contract. �Intormation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for `bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". EN0320-0211 RiskManape LDKision W/REVIEWED&AP'PIRO MEIY. I �riHlM.t Z V&Aviel. U Risk b1ann9ement Analyst Crum,, a ,Forster part of the FAIRFAX group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons or Organ izatiwns Where Required by Written Contract A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of "your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. EN0118-0211 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. xrktn�enentotN,utt REm v & APrnov® Br. �'. - R6k Managenrent Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF CONTROLLING UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: ENVIRONMENTAL EXCESS LIABILITY POLICY SCHEDULE Coverage: Commercial General Liability, Contractor's Pollution Liability, Errors & Omissions Liability Insurance Carrier: Crum & Forster Specialty Insurance Company Policy Number: EPK-137097 Policy Limits: Per Occurrence Limit $1,000,000 Aggregate Limit 1$2,000,000 Policy Period: 09/23/2021 to 09/23/2022 Coverage: Automobile Liability Insurance Carrier: West American Insurance Company Policy Number: BAW (21) 57 61 29 29 Policy Limits: Combined Single Limit j$1,000,000 Policy Period: 10/20/2020 to 10/20/2021 Coverage: Employers Liability Insurance Carrier: StarNet Insurance Company Policy Number: KEY0138780 Policy Limits: Policy Limits j$1,000,000 Policy Period: 05/01/2021 to 05/01/2022 Per Item 5. of the Declarations, the policy or policies, shown in the above Schedule of this endorsement are the "controlling underlying insurance" for this Environmental Excess Liability Policy. This endorsement shall not serve to change or increase our Limits of Insurance as shown in the Declarations and as described in Section IV. LIMIT OF LIABILITY. All otherterms, conditions and exclusions under the policy remain unchanged. EN0152-0714 Rink Maugement Diuialan Io ' rR� EwEo &pAvrxo/v'm Br.. ® Risk Management Analys[ ninitally cinninA ACCO " CERTIFICATE OF LIA L ANCE' v y �u y E(M /D /YYYY) Ill 04/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANEFCC&FIEF& llbft&UPONTHF :ER FICATE� LDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR Al T HE COVERAGE P =F,�>I'��f ICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE IS U' JG I RIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poli u av v5 R If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, ce ain policies may re quire an a do se a t. tate e t this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). — PRODUCER CONTACT NAME: Claribel Ga.;..d Tolman & Wiker Insurance Services, LLC NN. (805) 585-6179 FAX, (805) 585-6200 A/CO, Ext : No): 196 S. Fir Street E-MAIL ADDRESS: cn arcia tolmanandwiker.com g INSURER(S) AFFORDING COVERAGE NAIC# PO Box 1388 INSURERA: Crum & Forster Specialty Ins. Co. 44520 Ventura CA 93002-1388 INSURED INSURER B: WestAmerlcan Ins Co 44393 Instrument Control Services, INSURER C : StarNet Ins Co 40045 DBA: ICS INSURER D : 6085 King Drive #100 INSURER E : Ventura CA 93003 INSURER F: COVERAGES CERTIFICATE NUMBER. 22/23 GL/AU/XS/WC/EO 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR PREM SES Ea occurDrence $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV I NJ U RY $ 1,000,000 A Y Y EPK-137097 09/23/2021 09/23/2022 GEN' LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X JECT ❑ LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00C X BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY AUTOS BAW(22)57612929 10/20/2021 10/20/2022 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAB CLAIMS -MADE EFX-118920 09/23/2021 09/23/2022 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A KEY0138780 O5/01/2022 O5/01/2023 X1 STATUTE EORH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1,000,000 $ ERRORS & OMISSIONS A EPK-137097 09/23/2021 09/23/2022 Limit: 1,000,000 Deductible: 10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GL: The City of Santa Ana, its officers, officials, employees, and volunteers are Additional Insured as respects to referenced project per forms EN01110211 and EN03200211. This Insurance is Primary & Non -Contributory to any other Insurance per form EN01180211. A Waiver of Subrogation is added in favor of the Additional Insured per form EN1180211. Endorsements apply only as required by current written contract on file. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana ACORD 26 (2016/03) CA 92703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Co7�FI:I:���>GN1 The ACORD name and logo are registered marks of ACORD Risk ManagementDiAsian REVIEWED&�" APPROVED BY.- �_r- Risk Management Specialist THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE IName Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. EN0111-0211 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. - . E Risk Managt meet DMsian REVIEWED & APPROVED BY: NOW Risk Management Specialist THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organization(s): Location And Description Of Completed Operations Where Required By Written Contract. Where Required By Written Contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". E N0320-0211 - . E Risk Managt meet DMsian REVIEWED & APPROVED BY: �_r- Risk Management Specialist Crumll,1111110',rs ter [he NAIRNAX group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Where Required by Written Contract A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of "your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. EN0118-0211 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. - . E Risk Managt meet DMsian REVIEWED & APPROVED BY: NOW Risk Management Specialist THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF CONTROLLING UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: ENVIRONMENTAL EXCESS LIABILITY POLICY SCHEDULE Coverage: Commercial General Liability, Contractor's Pollution Liability, Errors & Omissions Liability Insurance Carrier: Crum & Forster Specialty Insurance Company Policy Number: EPK-137097 Policy Limits: Per Occurrence Limit $1,000,000 Aggregate Limit 1$2,000,000 Policy Period: 1 09/23/2021 to 09/23/2022 Coverage: Automobile Liability Insurance Carrier: West American Insurance Company Policy Number: BAW (21) 57 61 29 29 Policy Limits: Combined Single Limit j$1,000,000 Policy Period: 10/20/2020 to 10/20/2021 Coverage: Employers liability Insurance Carrier: StarNet Insurance Company Policy Number: KEY0138780 Policy Limits: Policy Limits j$1,000,000 Policy Period: 05/01/2022 to 05/01/2023 Per Item S. of the Declarations, the policy or policies, shown in the above Schedule of this endorsement are the "controlling underlying insurance" for this Environmental Excess Liability Policy. This endorsement shall not serve to change or increase our Limits of Insurance as shown in the Declarations and as described in Section IV. LIMIT OF LIABILITY. All other terms, conditions and exclusions under the policy remain unchanged. EN01S2-0714 - . E Risk Management Division REVIEWED & APPROVED BY: --1_r- Risk Management Specialist THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUBLIMITS FOR UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: ENVIRONMENTAL EXCESS LIABILITY POLICY SCHEDULE Underlying Insurance: Each Occurrence Limit: Aggregate Limit: Automobile Liability $5,000,000 $5,000,000 In consideration of the premium charged, it is hereby agreed that Section IV. LIMIT OF LIABILITY deleted in its entirety and replaced by the following: IV. LIMIT OF LIABILITY A. The Each Occurrence Limit stated in Item 3. Limits of Insurance in the Declarations of this policy shall be the total limit of our liability for all "ultimate net loss" sustained as the result of any one "occurrence", "pollution condition" or "wrongful act". B. The Policy Aggregate Limit stated in Item 3. Limits of Insurance in the Declarations of this policy shall be the total limit of our liability for all "ultimate net loss" sustained during the Policy Period shown in the Declarations of this policy. Upon exhaustion of the Policy Aggregate Limit we shall have no obligation to make any further payments to or on behalf of the insured. C. This policy shall apply in excess of the "controlling underlying insurance" limits shown in the Schedule Of Controlling Underlying Insurance Endorsement. However, if the "controlling underlying insurance" limit has been reduced or exhausted solely by reason of losses paid thereunder arising out of "occurrences", "pollution conditions" or "wrongful acts" which take place during this policy's Policy Period, then this policy shall: 1. In the event of reduction of limits, pay the excess portion of the reduced underlying limit; or 2. In the event of exhaustion of limits, continue in force per the terms and conditions of the "controlling underlying insurance". However, when paragraph 1. or 2. above apply, we will not pay that portion of the "ultimate net loss" that is within the underlying limits of insurance which you have agreed to fund by self- insurance or means other than insurance. D. The Limits of Insurance shown in the Declarations shall apply to the entire Policy Period shown in the Declarations of this policy and will not reinstate regardless of the Policy Period. If the Policy Period is extended after issuance for an additional period of less than twelve months, the additional period will be deemed to be part of the original Policy Period for purposes of determining the Limits of Insurance. E. Solely with respects to "ultimate net loss" arising out of the "Controlling Underlying Insurance" shown in the Schedule above, the Limits of Insurance available under this policy shall be amended and limited to the Each Occurrence Limit and Aggregate Limit shown in the Schedule above. The limits of insurance stated in this endorsement are Insurance shown in the Declarations of this policy. EN0157 0415 included within and Item 3_ Limits of The limits of i REVIEWED & APPROVED BY: �_rW Risk Management Specialist