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NATIONAL CORROSION (4)
INSURANCE ON FILE WORK MAY PROCEED N -202 2-069 UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: AGREEMENT TO CORROSION ENGINEERING AND CATHODIC PROTECTION 0. PW A fv,% w ,, SERVICES � �,�L�ae�XsM�z THIS AGREEMENT is made and entered into this 16`s day of March, 2022 by and between National o Corrosion ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor with special skill and knowledge to provide corrosion engineering and cathodic protection services for the Public Works Agency, Water Resources Division. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 Contractor 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 Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000) during the term of this Agreement, including any extension periods. 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 which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on March 15, 2023 Page 1 of 9 unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to a one-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 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: Page 2 of 9 a. Minimum Scope and Limit of Insurance 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit 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. Automobile Liability: ISO Form Number CA 00 O1 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. 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. Professional Liability (Errors & Omissions): insurance appropriate to the Contractor's profession, with a limit of no less than $1,000,000 per occurrence or claim. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City 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. b. Other Insurance Provisions 1. 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 20 37 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 Page 3 of 9 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 waiverof 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. 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 fora minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance 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. Page 4 of 9 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 the risk, 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, 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 Contractor 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 orproperty 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. Page 5 of 9 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 without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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 Page 6 of 9 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: National Corrosion 5450 Katella Avenue, Suite 102 Los Alamitos, CA 90720 Attn: Carl D. Lea -Wilson 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 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 null 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. Page 7 of 9 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 maybe 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. 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 Page 8 of 9 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By'=�'� randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Acting Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager NATIONAL CORROSION G-/ D ao, -;6. Carl D. Lea -Wilson Vice President Page 9 of 9 EXHIBIT A N NATIONAL ri CORROSION 1/24/2022 Diane Mazariego City of Santa Ana Public Works Project Specialist Water Resources Division 220 S. Daisy Ave. (M-85) Santa Ana, CA 92703 Dear Ms. Mazariego, National Corrosion www.notional-corrosion.com National Corrosion is pleased to submit this proposal to the City of Santa Ana to provide comprehensive corrosion services. National Corrosion is comprised of Corrosion Engineering Professionals who have extensive experience in water transmission, water distribution, and wastewater cathodic protection systems. The personnel submissions for this project are locally based out of Los Alamitos, CA, and will have an active role in the execution of this project. Two of the personnel are NACE certified CP Specialists, Mr. Emmanuel and Mr. Lea -Wilson. They will be directly involved in all aspects of operations. This level of direct local expertise will ensure that the city receives the best possible consultation of the subject facilities. Finally, personnel will have confined space certification before beginning related field work. National Corrosion's office is located at the following address: 5450 Katella Avenue, Suite 102 Los Alamitos, CA 90720 National Corrosion's applicable certifications are: • CA General Engineering Contractor (A) License, #1020111 • SBE/Micro,#2006759 • NCCER QQ's • Membership in the American Substance Abuse Drug and Alcohol Program Acct# NN010051 • DIR# 1000037507 National Corrosion's proposal is inclusive of the following elements: 1. Project Approach 2. Project Schedule 3. Consultant Statement 4. Deliverables 5. Fee Proposal and Rates Sincerely, Carl D. Lea -Wilson Sr. Engineer/Vice-President Cell: (714) 759-8484 1 Fax: (714) 406-0666 cleawilson@national-corrosion.com NC NATIONAL CORROSION PP-p- SUBMITTED BY: National Corrosion 562-430-9750 www.national-corrosion.com 5450 Katella Ave, Suite 102 Los Alamitos, CA 90720 Corrosion Control Services N NATIONAL LGJ CORROSION Contents Project Approach ....................................... National Corrosion www.national-corrosion.com .............................................................................I....1 Task1— Review and Planning...................................................................................................................1 Task 2 — Field Survey and Testing..............................................................................................................1 Task 3 — Integrate testing data into ArcGIS system...................................................................................2 Task 4—Corrosion Report (Deliverable)....................................................................................................2 Deliverables................................................................................................................................................... 4 Construction Phase / Inspection...................................................................................................................4 RateSheet.....................................................................................................................................................5 National Corrosion www.national-corrosion.com Project Approach Task 1— Review and Planning Project Management - National Corrosion shall conduct management activities to ensure tasks stay on schedule and budget. Documentation may be recorded as required as National Corrosion attends meetings with staff such as kickoff, research, report review, and as needed project issues. Construction Management— National Corrosion shall conduct management activities to ensure safety, completeness, and quality of all corrosion protection installations, including but not necessarily limited to the West and East Reservoir installations. Review — National Corrosion shall work with the City of Santa Ana to obtain record drawings and historical data of all assets subject to corrosion. Planning —A mutually agreed -upon list of sites will be created based on priority and efficiency to conduct field testing and corrosion assessment. List of locations and appurtenances may be based on recommendations, importance, or severity level after review of the plans and meeting with the city. Task 2 — Field Survey and Testing A NACE certified corrosion engineer will conduct a comprehensive survey of agreed upon assets including pipelines, fittings/appurtenances, pump stations, reservoirs, and vaults. This includes Metropolitan Water District connections and pressure -reducing valves. Work conducted will include the following data collection and verification: • Visual inspection of all accessible locations • Obtain and measure pipe -to -soil potential measurements to verify active corrosion as well as operational condition of existing cathodic protection systems. • Measure soil resistivity at locations where soil is suspected as a future risk. • Test Reservoirs: o Record current outputs of anodes and test permanent reference cell o Insert portable reference cell and measure cathodic protection levels o Test external piping for corrosion o Assess tank chime for corrosion o Create specifications and procedures for repair for corrosion issues Establish atmospheric assessment program: o Create an assessment standard which may include the following criteria: • Location and date of inspection • Description, pipe lengths, diameters, and quantities • Access and safety issues • Percent coating damage • Percent bare pipe exposed • Written Coating Assessment, Overall corrosion assessment • Mechanical damage assessment National Corrosion www.notional-corrosion.com Pipe support assessment • Corrosion potentials of supports and pipeline potentials • Upstream and downstream soil -to -air interface descriptions • Dry film thickness (Coating) at locations 12, 3, 6, and 9 o clock • UT (Ultrasonic) measurements at locations 12, 3, 6, and 9 o clock • Insulator potentials and AC potential • Water depth • Photographs with info • Sub -meter GPS coordinates • Corrosion Severity Code (Define and classify priority actions) o Perform atmospheric assessments at key locations o Conduct current requirement testing to verify current needed to bring pipe -to - soil potentials up to NACE criteria. o Create a scope of work for improvements or repairs required to improve corrosion assessment. o Verify the existence and location of stray DC currents affecting the pipelines at locations near foreign impressed current cathodic protection systems. o Test and verify dielectric isolation from foreign structures. o All data to be ArcGIS compatible o Create coating specifications and repair procedures Task 3 —Integrate testing data into ArcGIS system Field testing data will be recorded in a format compatible with ArcGIS. If ArcGIS implementation is approved, then all data will be uploaded to a server. All activity will actively update during repairs or modifications and the condition of facilities can be monitored remotely. ArcGIS data will be recorded in a method that will aid estimation of coating and mechanical repairs. • All locations for repair will be prioritized and backed up with data Task 4—Corrosion Report (Deliverable) After all field testing, inspection, and analysis is complete, a drafted report will be prepared including the following: • Description of testing procedures and tabulation of data • Summary of test points showing GIS Coordinates along with identification • Site photos • Evaluation and assessment of active corrosion, status, and operational condition. • Conclusions on as -found conditions • Calculation of remaining life expectancy • Prioritized recommendations of repairs or replacements. • System operation and maintenance procedures • Corrosion control plan to address immediate and long-term requirements • Prepare a list of other cathodic protection systems owned by others that may cause interference or require a coordination of efforts. N NATIONAL National Corrosion [_GJ CORROSION www.national-corrosion.com • Prepare cost estimates for recommendations and remediations A rough draft report will be submitted to allow for comments and recommendations. A final draft will be submitted in both electronic and hard copy format. Deliverables Preliminary repair procedures and Specifications — National Corrosion will produce written procedures and coating specifications as a draft to be reviewed by the City of Santa Ana. Comments and revisions may be made at this time. Final Design —This task will include preparation of standard drawings and specifications (90% and Final): 90% Design Submittal —Prepare drawings and technical specifications for the proposed repairs and coating specifications approved by the City after the Preliminary Report was submitted and reviewed. Plans shall be drawn to scale (lightened record drawing plans may be used as a background) and suitable for competitive public works bidding. The designed CP systems will be contained within the city property and/or public right-of-way. A project schedule, and engineer's estimated construction cost may be a part of the submittal. The plans and specifications will be provided for the city to review. After incorporation of city comments into the documents, hardcopies will be submitted to the pertinent cities for review, comment, and applicable permit applications. The city will pay the permit review fees directly. Final Design Submittal — All revisions from 90% design review will be used to prepare the final plans and specifications. This submittal shall include final construction plans, bid item schedule including quantities, descriptions, specifications, and technical provisions for the project. An engineer's estimate of probable construction costs will also be included. A complete set of construction plans and specifications via digital copies in PDF format and 2018 version of AutoCAD .dwg format (with pen settings file) will be provided. National Corrosion shall provide a copy of all required permits along with construction requirements if necessary. Construction Phase / Inspection • Submittal/Shop Drawing Review— Review Contractor submittals for completeness and conformity with the contract documents. Review any deviations and/or substitutions submitted by the contractor and make recommendations to the city. • Requests for Information (RFIs) —Review contractor's request for information and prepare responses to the contractor. Prepare any revisions to contract documents necessary to resolve conflicts. Assume 10 RFIs. Inspection and Quality Control — Aid the city during repairs and procedures by providing on -site as -needed inspection services. NEI NATIONAL National Corrosion CORROSION www.notional-corrosion.com Rate Sheet Effective: January 1, 2022 — December 31, 2022 Corrosion Engineering Personnel Standard Rate NACE Cathodic Protection Specialist (CP-4) $150/hour NACE Cathodic Protection Technologist (CP-3) $140/hour NACE Cathodic Protection Technician (CP-2) $125/hour NACE Cathodic Protection Technician (CP-1) $115/hour NACE Coating Inspector II (CIP-2) $120/hour NACE Coating Inspector I (CIP-1) $110/hour CAD Drafter $125/hour Technical Assistant $100/hour Two -Man Traffic Control Operation $185/hour Equipment Standard Rate Work Body Construction Truck (Fully Equipped) $250/Day 4x4 Pickup Truck (fully equipped) $160/day Towable Air Compressor $200/Day Dump Trailer $150/Day Water Trailer (525 Gal.) $125/Day Jumping Jack Compactor $100/Day Pipeline Current Mapper $100/day Swain DC Current Meter $100/Day Olympus 38DL Plus Ultrasonic Thickness Gauge $100/Day BAC Pin Brazer $100/Day BAC Pin Brazer Consumables Cost plus 15% Equipment Rental Cost plus 15% Solar Tech Arrowboard $100/day Expenses Standard Rate Per Diem $200/man-day Other Expenses Cost plus 15% Notes 1. All personnel rates include applicable CP equipment and tools 2. Minimum charge of four (4) hours each day utilized 3. Rates apply portal to portal 4. Rates apply to a standard 8-hr workday, Monday through Friday; any time over 8 hours per day shall be charged at 1.25 times the standard rate, and any time over 12 hours per day shall be 4 N NATIONAL C CORROSION Rate Sheet charged at 1.5 times the standard rate. National Corrosion www.notional-corrosion.com 5. Night work and work performed on Saturdays shall be charged at 1.25 times the standard rates for the first S hours, and at 1.5 times the standard rates over S hours. 6. All work performed on Sundays and holidays shall be charged at 1.5 times the standard rates. MEMORANDUM To: Nabil Saba, P.E., Date: March 7, 2022 Executive Director Public Works Agency From: Cesar E Barrera, P.E., Deputy Public Works Director Water Resources Manager Subject: Request for Signature for National Corrosion Agreement The attached documentation approves the Water Resources Division's National Corrosion agreement. Per the Master Agreement, the consultant will provide corrosion engineering and cathodic services to the City of Santa Ana. Term of the agreement is March 16, 2022 through March 15, 2023. The agreement amount is not to exceed $50,000.00 Please approve agreement by signing the attached contract. Tori Pierson oaeaioz o oz ioaz 80800' ^It �' CERTIFICATE OF LIABILITY INSURANCE 0A2/23/20222 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED CERTIFICATE THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE RBY ($), 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 1-214-363-4433 Holmes Murphy & Associates 12712 Park Central Dr., Suite 100 NAMEACT Ryan Goodwin PHONE FAX .214-764-7536 NC No: E--OBEA ADS$: rgoodwin®holmesmurphy.com INSURERS AFFORDING COVERAGE NAIL# Dallas, TX 75251 INSURED National Corrosion INSURERA: CRUM & FORSTER SPECIALTY INS CO INSURERS: OHIO CAS INS CO 44520 24074 INSURER C : 5450 Katella Avenue INSURER D: INSURER E : Los Alamitos, CA 90720 INSURER F : — "—"'—_^' ---' --- rtCVIJ1UN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED I U 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 ADDL SUER OLICYPOLICY LTR TYPE OF INSURANCE INSID D POLICYNUMBER PLIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR EPK137388 OCCURRENCE $ 2,000,000 GETO RENTED ISES Ea occurrence $ 50,000 XP IA, one person) $ 51000 ONAL S ADV INJURY $ 2,000,000 GENT X AGGREGATE LIMIT APPLIES PER: POLICYJECOT LOC RALAGGREGATE $ 2,000,000 UCTS-COMP/OP AGG OTHER: $ E AUTOMOBILE LIABILITY ANYAUTO BAS59962019 10/08/21 10 /DB/22 COMBINED SINGLE LIMIT Ea accident $ 11000,000 X BODILY INJURY Per person) $ X OWNED SCHEDULED AUTOS ONLY AUTOS HIREAUTO X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY Per accident) $ PROPERTY DAMAGE Per accident $ $ A UMBRELLALIAB EXCESS LWB X OCCUR CLAIMS -MADE EFX119040 10/15/21 10/15/22 EACH OCCURRENCE $ 8,000,000 X AGGREGATE $ 8,000,000 B DED RETENTION$ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICEWMEMBEREXCWDEO? N (Mandatory in NH) If yes, describe under N/A XWS59962019 10/08/21 10/08/22 X PER X OTH- STATUTE ER $ E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 A DESCRIPTION OF OPERATIONS below Errors & Omissions EPK731357 10/15/21 10/15/22 E.L. DISEASE -POLICY LIMIT Ha Wrongful Act $ 1,000,000 2,000,000 A Pollution Liability EPK131357 10/15/21 10/15/22 Each Condition 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana is an Additional Insured on General Liability, including Completed Operations, on a primary and non-contributory basis as required by written contract with the insured, per policy terms and conditions. The General Liability includes a Waiver of Subrogation in favor of City of Santa Ana as required by written contract with the insured, per policy terms and conditions. See Supplemental. r CRTIC1r ATC unr nvm _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division, 4th Floor ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 Q� n- USA Rik Moytw ae4pNlslan n 19RA-9015 ACfTRD rnRor ���'- RaYEWIa)6 Avww>n Rr 11151 ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD �017du �irTaen chappel-tx 64577922 Clan _a SUPPLEMENT TO CERTIFICATE OF INSURANCE I DATE az/zl/razz OF INSURED: National Corrosion The General Liability, and Auto Liability policies includes a blanket additional insured endorsement that p. additional insured status to the certificate holder only when there is a written contract between the named and the certificate holder that requires such status. The General Liability policy includes a blanket additional insured endorsement that provides additional insured status, including completed and ongoing operations coverage, to the certificate holder only when there is a wri contract between the named insured and the certificate holder that requires such status The General Liability, and Auto Liability policies contain a special endorsement with Primary and Noncontributory wording. The General Liability, Auto Liability, and Workers Compensation policies includes a blanket waiver of Subrogation endorsement in favor of the certificate holder as required by written contract with the insured, per policy terms and conditions. The General Liability, Auto Liability, and workers Compensation policies include an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder. � iwvo� .,, "'���'n+"��4� RhkMe�gentm(OiNtlm I�MEWID4MrRwm Br. WwRuk M1lregenanUmolNde 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 ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE rNameAdditional InsuredPerson(s) or Organization(s) hen specifically required in a written contract with the named insured. n required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an insured the person(s) or organization(s) indicated in the Schedule shown above, when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability caused, in whole or in part, by "your work" for that insured by you, or by those acting on your behalf. A person's or organization's status as an additional insured under this Endorsement ends when their contract or agreement with you ends. EN0114-0211 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Rv k swum ��. �.`._ �nEnWID4APPRq'FIJ BY: /6SC f�KTJO/t Rukpbnagenua UnimlNae �y� 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): ket when specifically required in a written contract with edinsured. Location And Description Of completed Operations when specifically required in a written with the named insured. nformation 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 10 Ir 11 lf./:. I�+AEwm6/1PPm�vm Bv: 7tl,r Pa�.�o„ Ruk ManagamnOmcal Aitle THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS 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) 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 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. EN0119-0211 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. �� wr Hama, O rsuknu�yr„a,.an��iaar i uyc � vi i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 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 ONSITE CLEANUP COVERAGE PART SCHEDULE Name of Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION VI — COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following: Solely as respects the person(s) or organization(s) indicated in the Schedule shown above, 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 ongoing operations or "your work" performed under a written contract with that person(s) or organization(s) and included in the "products - completed operations hazard". However, this waiver shall not apply to "damages" resulting from the sole negligence of the person(s) or organization(s) indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. won RFehwm 6 Atveovm Br: Ruk AMiia9e��eniUricalNJe EN0109-0211 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Under the Common Provisions, Section IV — LIMITS OF INSURANCE AND DEDUCTIBLE, item 2. is amended by the addition of the following: The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. EN0301-0914 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. %u Pec .a" i Ruk Mina9cn,mc Oaital Aitle COMMERCIAL AUTO CA88100113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 o ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTSCOVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT y SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20 SECTION 11 - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED ° SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage does not apply: �IEY�EDo m ffi &/1pvR0.� or. (1) If there is similar insurance or a self -insured retention plan available a, 7cu P&w� R kM m 2013 Liberty Mutual Insurance .ag.amviaar CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permissic.l. 'oyr , ,,, , (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: I. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: In. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or 'InAIh �6/� VBr: -, l%u PiChOn © 2013 Liberty Mutual Insurance �Ruk A4nugerraedmcalNde CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "lass" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will = provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have agross vehicle weight (GVW) of 10,001-20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 Rb4 ra.g�wuwaa� -;� f/����,� Ren6yvFD6MPRav®Br. Ruk M1t,r,agcne,t UaiulNde © 2013 Liberty Mutual Insurance 01 amp CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissio�I. ruyo ., . , 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident' or 'loss", to an "auto" for which we also pay a 'loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident' or 'loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If 'loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include 'personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto' you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for 'personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, 'personal effects" mean tangible property that is worn or carried by an insured." 'Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions Co. and 4.d. is deleted and replaced with the following: IEi�u�n6 MPpni®Br. I' 76,i P&,.ft � tamviaae 2013 Liberty Mutual Insurance nukene,dq CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ruyo , u, , Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the 'loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto'; or If the 'loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto' owned by or leased to you in any one "accident' is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto' is subject at the time of the 'loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the 'loss", o b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the 'total loss" of a covered "auto', g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto', i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the 'loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the 'loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto' that incurred the loss serves as collateral, or lease written on the covered "auto' that incurred the loss. C. SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. RkkM .g.Woi, �V.•ID6 MPRo..g>Br O 2013 Liberty Mutual Insurance 01 rtix�re„`amriae� CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 4 o, , 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to 'loss" caused by collision to such covered "auto' of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto' is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The 'loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto' must exceed the deductible shown in the Declarations. This provision does not apply to any 'loss" if the covered "auto' is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2, is amended by adding the fallowing: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. ° However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit' or 'loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named I �„•oa }� n.o �, h notice, if you are a corporation. ,.,,�,,, Bek rb.gvna+Di.mon © 2013 Liberty Mutual Insurance e�Bi:xmaruq�,�„omuiwe� CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ova. U, , To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. e SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V- DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. g' ?�'_= REviecm6Arrxa/m av: ® 2013 Liberty Mutual Insurance �nixma„aye,m,ma��iaae CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permissio,ruye WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 79 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement is $ 250 Schedule Person or Organization AS PER CONTRACT OR WRITTEN AGREEMENT WITH YOU. Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/08/2021 Policy Effective 06/08/2021 State Policy No. XWS (21) 59 13 88 90 Insured NATIONAL CORROSION, INC. Endorsement No. 0002 Premium See Schedule Insurance Company Ohio Security Insurance Company Countersigned by WC 99 06 79 (Ed. 01-13) © 2013 Liberty Mutual Insurance Includes copyrighted material of WCIRB,with its permission. 19291 .' I�vmv.En6 rmao.mar. %au P[cwft Risk Mnug��ertpmulNtle NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Instrument Control Services Name: Project N-2022-069 Number: Project Agreement To Corrosion Engineering And Cathodic Name: Protection Services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE CERT - City of AUTOMOBILE LIABILITY BAW2357612929 10/20/2023 10/20/2022 Santa Ana.pdf CERT REVISED GENERAL LIABILITY EPK141117 09/23/2023 09/28/2022 - City of Santa Ana.pdf CERT REVISED PROFESSIONAL LIABILITY EPK141117 09/23/2023 09/28/2022 - City of Santa Ana.PDF CERT REVISED WORKERS COMPENSATION AND KEY0138780 05/01/2023 09/28/2022 - City of Santa EMPLOYERS' LIABILITY Ana.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 10/24/2022 11:48 AM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor National Corrosion Name: Project N-2022-069 Number: Project Agreement To Corrosion Engineering And Cathodic Name: Protection Services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE AUTOMOBILE LIABILITY BAO59962019 10/08/2023 10/11/2022 0266886995.pdf GENERAL LIABILITY EPK141126 10/15/2023 10/25/2022 0266974298.pdf PROFESSIONAL LIABILITY EPK141126 10/15/2023 10/11/2022 0266886995.pdf WORKERS COMPENSATION AND XWS59962019 10/08/2023 10/11/2022 0266886995.pdf EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 11/15/2022 10:37 AM