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HomeMy WebLinkAboutPYRAMID GROUP INTERNATIONAL, INC. (4)INSURANCE ON FILE WORK MAY PROCEED N-2022-310 UNTIL INSURANCE EXPIRES 3 -2 2 -gals CLERK OF COUNCIL DATE AGREEMENT FOR WIRELESS COMMUNICATION TOWER MANAGEMENT SERVICES THIS AGREEMENT is made and entered into this 6th day of September, 2022 by and between Pyramid Group International, Inc. ("Consultant"), 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 consultant having special skill and knowledge in the field of management of wireless communications towers. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Consultant shall perform during the term of this Agreement the services that are described in the Scope of Services, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $49,590. 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. "EMERIWIii77 This Agreement shall commence on the date first written above and terminate on September 5, 2024, unless terminated earlier in accordance with Section 17, below. The term of Page 1 of this Agreement may be extended for two 1-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 7. INSURANCE Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. Minimum Scope and Limit of Insurance Coverage shall be at least as broad as: • 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. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with 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. If the Consultant 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 Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following 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 Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, 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). Primary Coverage For any claims related to this Agreement, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, Page 3 of 9 officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant 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. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant 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. 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. Claims Made Policies (applicable only to professional liability) If any of the required policies provide claims -made coverage: A. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. B. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. C. 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. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins, However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. Page 4 of 9 The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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 Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for. personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, 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 Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant 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 Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to Page 5 of 9 examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no 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 Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Page 6 of 9 To Consultant: Pyramid Group International, Inc. 25771 Rapid Falls Road Laguna Hills, CA 92653 Attn: Najib Saadeh, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant 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 Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. 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. Page 7 of 9 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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 Page 8 of 9 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: Clerk of the APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 4K 9)V-E,�; John M. Funk Chief Assistant City Attor APPROVAL Parks, Recreation and Community Services Agency CITY OF SANTA ANA '01i KRISTINE RIDGE City Manager CONSULTANT Name: Najib Saadeh Page 9 of 9 Pyramid Group International EXHIBIT A Proposal for Contractual Support for Cell Communications Towers Submitted to: City of Santa Ana Prepared by: Pyramid Group International, Inc. Date: 15 July 2022 1 TABLE OF CONTENTS ® Pyramid Group International, Inc. 2 INTRODUCTION LETTER July 15, 2022 Mr. Michael Ortiz, PE Senior Civil Engineer Parks, Recreation and Community Services Agency Santa Ana, CA 92702 Mr. Ortiz, Per your request, Pyramid Group International (Pyramid) has prepared the proposal herein to provide supportto the City of Santa Ana (City) in the development of lease agreements and support in the negotiation of agreement terms for cell communications towers at City parks. Through the proposed scope of work, Pyramid aims to provide support to the City's Parks, Recreation and Community Services Agency in the management of the existing cell communications towers and in the expansion in the number of cell communications towers while maximizing revenue to the City and minimizing aesthetic intrusion and public risk. The scope of the proposed work includes the development of a master license agreement and site license agreements, as well as support with negotiations of agreement terms. Pyramid is prepared and qualified to provide the above -described support and can begin work as soon as approval by City is granted. Pyramid appreciates the opportunity to submit this proposal. We look forward to working with you and yourteam on this project. If you have any questions, please feel free to contact me directly by phone (949.280.4903) or by email (nsaadeh@ pyramidarouointernational.com). Sincerely, Najib Saadeh President/Founder Pyramid Group Int'I 1 ® Pyramid Group International, Inc. 3 SCOPE OF SERVICES 3.1 TASK 1. MASTER LICENSE AGREEMENT Pyramid will develop a Master License Agreement that sets forth the basic terms and conditions upon which sites at City parks are leased to cell tower companies or wireless providers. The agreement terms in the Master License Agreement will not conflict with the requirements in the City of Santa Ana Municipal Code. 3.2 TASK 2. SITE LICENSE AGREEMENTS In addition to the development of a Master License Agreement, Pyramid will develop a Site License Agreement (SLA) for each site at City parks with a cell communications tower. The agreement terms in the SLAB will not conflict with the requirements in the City of Santa Ana Municipal Code. 3.3 TASK 3. SUPPORT WITH NEGOTIATIONS Pyramid will assist the City in the negotiations of existing agreements as well as new agreements. The Pyramid Team will negotiate on behalf of the City or alongside City staff. In the negotiations, Pyramid's approach will be based on the premise that, ultimately, it is not how much space is leased from the City, but instead, it is the value derived from such space. and, the terms of each SLA. Also, cell towers co -location will be addressed in the Agreements allowing for the use of one structure to mount or deploy mobile telecommunications antennae belonging to more than one wireless service provider within a single location. With cell towers co -location, the City can benefit from having multiple carriers located on one site/one tower. Thus, Pyramid will make sure to include subleasing or colocation language in the Agreements to capture the revenue share from co -location which the City is entitled to. Furthermore, Pyramid will strive for the protection of City's rights under its current cell tower lease agreements as they undergo revisions/renewals, and will negotiate more favorable lease agreements with the existing leasees. Like any basic negotiation, price is determined by supply and demand. In optimizing the value of each site, Pyramid will take into consideration the following: • Lease Rates: Lease rates trend higher in more populated areas, some urban areas command completely different lease rates, even though they are similar in demographics. Pyramid will research the lease rates for cities similar to Santa Ana. • Permits: Zoning and permitting requirements play a very important factor in the value of a site. The more liberal the permitting standard, the easier it is to find several sites that meet a cell phone carrier or tower company's criteria. Subsequently, a cell phone carrier/tower company will need to pay more for a lease in an area that has more stringent standards than it would in one that has more lax standards, regardless of the size of the population. Construction Limitations: An optimal site will have level terrain, with minimal or no ground or airwave obstructions (i.e. tree cover). The more obstacles, the more expensive it is for a tower company to construct on a site. A tower company/carrier will sometimes be willing to pay higher rent for a more suitable site, in order to avoid more 4 Pyramid Group International, Inc. expensive construction costs on a similar site. Pyramid will also address modification to a site including but not limited to the installation of emergency generators and ancillary fuel storage, underground vaults, etc. • Zoning/Permitting Restrictions: Prior to a cell phone carrier/tower company getting approval to build on a site, they must first get a conditional use permit or special use permit to construct theirfacility. Sec.41-198 of the City of Santa Ana Municipal Code contains development criteria for wireless communications facilities. The Code establishes parameters on where a tower may be constructed. Therefore, one property may be able to skate through the City's approval process, while other very similar properties in the same immediate area may not. Access to Power and Telephone Service: All tower locations need utility and telephone service. As a result, the farther the distance to telephone service and power, the higherthe price tag to the cell tower developer. • Ground Elevation — Elevation is important, but not the most important factor by far, as cost will always outweigh elevation. • Cell Tower Site Alternatives —All cell phone carriers build tower sites to fit inside their network. Cell towers are very similar to pieces of a puzzle that, at the end of the day, have to fit together. The cell towers are set up to "transfer traffic" from one cell tower to the other. The cell phone carriers have an exact "search ring" that they use when constructing a cell tower, so that it will be able to easily transfer phone traffic. These search ring areas can be as small as 0.25 mile to as large as 5 miles. Pyramid will determine what alternatives a cell phone carrier/tower company may have, as this will give the information needed to optimize the value of City property. Furthermore, with 5G, comes the need for more cell sites to handle the build -out of the technology. SG will require a much denser network of cell sites. Existing cell tower and rooftop sites will see an increase in the equipment modification activity with the 5G upgrade Deliverables: A Master License Agreement and up to twenty-one (21) Site License Agreements ready for review by Parks, Recreation and Community Services Agency and the City Attorney. Negotiations with the leasees on behalf of the City or along City staff. Assumptions: There are currently twenty-one (21) sites at City parks with cellular Site License Agreements. It is anticipated that ten (10) new SG cellular sites would be added to the current inventory of cell communications sites during the term of this agreement. Schedule: Pyramid will complete its development of the Master License Agreement within two (2) weeks of receiving project approval and will complete the twenty-one (21) SLAs within two (2) months while giving priority to those agreements expiring soon. Negotiations with leasees will start as soon as the SLA documents are finalized internally. Pyramid Group International, Inc. 4 COST ESTIMATE The cost estimate presented by Pyramid herein is based on the hourly rates in the 2022 Fee Schedule (Appendix A). Pyramid's services would be billed, monthly, in 0.25 hourly increments. The cost for the proposed scope of work is presented below per task. Table 1. Cost Estimate Task No. Task Description Cost Estimate 1 Master License Agreements $8,760 2 Site License Agreements $24,810 3 Support with Negotiations $16,020 Total $49,590 Invoice will be issued monthly. If additional services are required beyond those stated in the scope of work, Pyramid would first seek City's approval prior to performing any additional work and would bill on an hourly basis. Pyramid is an approved vendor by the City of Santa Ana. A current certificate of insurance is presented in Appendix B. Pyramid Group International, Inc. APPENDIX A - 2022 FEE SCHEDULE ® Pyramid Group International, Inc. 2022 FEE SCHEDULE PERSONNEL CHARGES The charge for all time required for the performance of the Scope of Work by Pyramid Group International (PGI) staff, including office, field and travel time, will be billed at the hourly rate according to the labor classifications: Labor Classification Hourly Rate Jr. Staff Engineer/Scientist $120 StaffEngineer/Scientist $135 Sr Staff Engineer/Scientist $155 Project Engineer/Scientist-1 $175 Project Engineer/Scientist-II $185 Sr Project Engineer/Scientist - I $195 Sr Project Engineer/Scientist-II $240 Principal $260 ProjectAssistant $110 Technician $110 Drafter $135 Sr Technician $135 Compliance Inspector $130 Technical Editor $120 Emergency response will be charged at a rate of 1.5 times the standard hourly rate. When PGI Staff appear as expert witnesses at court TRAVEL Vehicles used on project assignments will be charged at $75 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus 15%. Per Diem is billed at a unit cost of $60 per day. Airfare, lodging, rental cars and associated expenses are billed at cost plus 15%. FIELD EQUIPMENT Field Equipment is billed at standard unit costs. Rate schedules are available upon request SUBCONTRACTORS AND REIMBURSABLES The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15%. OTHER PROJECT CHARGES The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. trials, mediation, arbitration hearings or SHIPPING CHARGES AND POSTAGE depositions, their time will be charged at 2.0 times the standard rate. Shipping charges include couriers and postage. All time spent preparing for such trials, hearings, and They are charged at cost plus 15%. depositions, will be charged at the standard hourly rate. The Fee Schedule is adjusted each year to reflect the economic changes for the newyear The new schedule will apply to existing and new assignments. Pyramid Group International, Inc. APPENDIX B - CERTIFICATE OF INSURANCE ACC)Il Y CERTIFICATE OF LIABILITY INSURANCE llo� DATE (MMIDDM YY) 1 3/2212022 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 NAME: PHDNE 949 417.0204 a/c Na: 714 842-9797 DAWOOD INSURANCE AGENCY 18800 Delaware St #304 'MAIL kato dawoodinsurance.com INSURERS AFFORDING COVERAGE NAICN Huntington Beach, CA92648 INSURER A: ADMIRAL INSURANCE COMPANY 24856 INSURED INSURER B: INSURER C: Pyramid Group International, Inc. INSURER D: 25771 Rapid Falls Road INSURER E: Laguna Hills, CA 92653 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFF MM DD POLICY EXP M DDffGENER�ALAGGREGATE LIMITS COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE OCCUR RENCE $ 1000000 ENTED accur ce $ 50000 one arson) $ 5 000 DVINJURY $ 1000000 A X FEI-ECC-28399-01 3122/2022 3/2212023 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY❑jECT �LOC REGATE $ 2000000 OMP/OPAGG $ 2000000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Pereaident) $ PROPERTY DAMAGE r $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB I CLAIMS -MADE DEO I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? N/A IPER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatary In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A PROFESSIONAL LIABILITY X FEI-ECC-28399-01 3122/2022 3/22/2023 Occurrence Aggregate 2,000,000 2,000,000 Claim Expense 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, AddlUonal Remarks Schedule, may be attached If more space Is requlred) This Certificate of Insurance names: City, its City Council, officers, employees, agents and volunteers are named as additional insureds. Primary/Non-Contributory Endorsement form must be provided in addition to the Certificate of Insurance for General Liability included and it will follow upon the issuance of the policy. ADDITIONAL INSURED CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, SANTA ANA ,CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED All ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD NOTICE OF COMPLIANCE Contractor Pyramid Group International, Inc. Name: Project TBD01 Number: Project pyramid Group Cell Tower Name: 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: TYPE OF INSURANCE POLICY NUMBER " EXPIRATION COI DATE FILE NAME DATE Auto Liability (Non -Use Agreement) Request for AUTOMOBILE LIABILITY WAIVER 08/23/2023 09/21/2022 Waiver From Pyramid Group International_23 Aug 2022_Signed. pdf Agreement with Pyramid Group for Cell Phone GENERAL LIABILITY FEIECC2839901 03/22/2023 03/22/2022 Tower Services (with exhibit)_ Signed by Pyramid.pdf WORKERS COMPENSATION AND EMPLOYERS' WAIVER 08/23/2023 10/04/2022 Pyramid Group LIABILITY International, Inc. WC.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 10/26/2022 12:46 PM NOTICE OF COMPLIANCE Contractor Pyramid Group International, Inc. Name: Project N-2022-310 Number: Project Agreement For Wireless Communication Tower Management Name: 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 Auto Liability and Workers Comp_Request for AUTOMOBILE LIABILITY WAIVER 08/28/2024 08/28/2023 Waiver —From Pyramid Group International_28 Aug 2023_Signed.pdf PYRAM I D GROUP INTERNATIONAL GENERAL LIABILITY FEIECC2839902 03/22/2024 03/23/2023 - CERTIFICATE OF LIABILITY INSURANCE- SANTA ANA 032323.pdf Auto Liability and Workers WORKERS COMPENSATION AND WAIVER 08/28/2024 08/28/2023 Comp_Request EMPLOYERS' LIABILITY for Waiver From .............. atta ,"U.wtt I'lltlfmt II➢ ',111"%(4, IN( IAD1, NAtt➢N mm111111.t'kill N'IC MIM,.(IVlfl%011 Vttll.aamu NJ tlf_ Contractor Pyramid Group up International, Inc. Name. Project -0-I Number: Project Consultant Agreement City Of Santa Ana Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements, The compliant coverage(s) are. TYPE OF INSURANCE POLICY EXPIRIATI( , )N' C01 DATE FILE NAME NUMBER DATE AUTOMOBILE L 1IAWL.ITY GENERAL RAL LIABILITY WORKERS COMPENSATION AND m YERS LI ELII IC'I.. ". ml %E':IC tt t' If tm l tW ' La'>t't L No further action is re mild at this time. Thank you, City of Santa ,Ana Risk Management Division arpor°rmrm:mwhtp mµ,dth Sincerely, Auto Liability Comp, ILaquiesa for Waiver From E'my raa ma m l ml .C:I r as ma I.„ International 2 u amEmd atcd Lmyraummmid wets rmty of Santa aaimaam, Imwl C Auto I..waabihlw and W(,)a kcr,s Comp_,Requesl for aiwar From Pyaaama W Group InternaatiotaaaL 2S Aug, 202 ,_Siguse,d pd 2