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HomeMy WebLinkAboutSHANNON & WILSONA-2023-075-08 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES G�2 k CITY CLERK DATE: CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 6:P,i1k[2)(AV) SHANNON & WILSON FOR ON -CALL ENGINEERING SERVICES �M O� THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between Shannon & Wilson ("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"). N O N c�z RECITALS Z A. On February 22, 2023 the City issued a Request for Proposal ("RFP") No. 23-025, by which it desired to retain a consultant having special skill and knowledge in the field of engineering services on an "on -call" basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-025. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 23-025, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 23-025 and is attached hereto and fully incorporated herein by this reference as Exhibit A. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit B. Consultant is one of ten (10) separate consultants selected to provide services on an on -call basis under RFP 23-025. The total compensation for services provided by all consultants selected under RFP 23-025 shall not exceed the shared aggregate amount of $5,000,000.00 during the term of this Agreement, including any extension periods as set forth in Section 3, below. Page 1 of 10 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May 2, 2023 and end on May 1, 2026, with the option for the City to grant up to two (2), 1-year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. Page 2 of 10 b. Insurance coverage shall be at least as broad as: (i) 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 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. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance 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. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (v) 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. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) 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 both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, Page 3 of 10 its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)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. (v) 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. (vi)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. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • 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 Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii) 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 Page 4 of 10 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. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix)Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) 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. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 5 of 10 9. 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 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. 10. 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. It. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 6 of 10 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. 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. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 10 17. 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. 18. 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. 19. 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: Jennifer L. Hall Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 To Consultant: Dean Francuch Senior Associate Shannon & Wilson 100 North First Street, Suite 200 Burbank, CA 91502 Email: dean.francuch@shanwil.com 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 10 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SANTA ANA AND SHANNON & WILSON IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Je fe I ity Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jona T. Martinez ssistant City Attorney RECOMMENDED FOR APPROVAL: $6 Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager SHANNON & WILSON: Dean Francuch Senior Associate Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PARKS & FACILITY ON -CALL ENGINEERING SERVICES RFP NO.23-025 INTRODUCTION/BACKGROUND The City of Santa Ana intends to retain Civil Engineering Consultants on an as -needed or "on - call" basis. A Professional Services Agreement will be entered into with several of the qualified firms Civil Engineering consultant(s) to provide professional services for a variety of projects on an on - call basis. On an on -call, as -needed basis, the selected firm(s) may later be asked to provide professional engineering services proposals on specific, project -by -project basis, based on an agreed -upon specific scope of services and fees. In general, work consists of general engineering design projects. Funding sources for each project may vary for each project/task order assignment shall comply with the funding agency's requirements. The projects may include water and sewer infrastructure design and rehabilitation improvements, storm drain improvements; sidewalks, bike paths, curb and gutrer replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and/or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design., grant application writing, and other related projects as required. On occasion, environmental and planning support services may also be requested. The City may need consultant services for mapping and legal description preparation, construction management, staking and inspection. Occasionally the City may also need geotechnical, electrical, mechanical, structural, and other specific infrastructure related services. The consultant shall be able to assist the City through this contract to provide the necessary services. The consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require 11 sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the snb-consultant. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. City of Santa Ana RFP 23-025 Page Al-1 Scope ofServices The work consists of general engineering design and cost estimating for civil works projects, City facilities, Parks and other related projects as required. The work in general, consists of work in the following areas and not limited to: • Civil Design • Transportation/Traffic • Structural • Geotechnical • Land Surveying • Architectural • Landscape Architectural and Irrigation • Environmental • Electrical • Mechanical • Instrumentation and Control Systems • Fire Protection • Land Surveying • Financial and Economic Consulting Engineering Consulting Engineering In addition to general engineering design projects Consultants may be asked to perform the following tasks: • Hydraulic modeling of the water distribution, storm water, and sewer collection systems • Evaluations, studies and recommendations related to water wells, reservoirs, water treatment systems, disinfection systems, pressure control systems, and sewage lift stations, • Electrical and industrial control systems evaluations, studies, drawings, documentation and recommendations • Mapping Services • Legal Description Preparations • Grant Writing- Services • Environmental/Ptanning Support • Construction Management Support • Pavement Management • Special Engineering Studies/Reports/Compliance and Investigations • Regulatory Compliance with Federal and State and Local Agencies • Financial/cash flow analysis public works programs • Assessment and District Formation Services • Sustainable Infrastructure Services • Right of Way Studies If there are any exceptions to the core of requested services, proposers shall list said exceptions in their proposal (matrix form). City of Santa Ana RFP 23-025 Page Al-2 For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. General. Requirements and Project Deliverable The Consultant's services for plans specifications and estimating (PS&E) for engineering project preparation and special studies/investigations shall include and in be in confomlauce with the latest editions of the following: Title 24 of the California Code of Regulations (California Building Standards Code). American Water Works Association, California Department of Transportation, the Americans with Disabilities Act, the City of Santa Ana Municipal Code (SAMC), professional Standards established by tile City, and or federal, state and local guidelines established in the project. As part of the preparation of the PS&E, the consultant shall prepare the special provisions pertaining to the items of work included in the plans that are not addressed on the latest editions of the applicable standards. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in. the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the (PS&E) packages. This plan shall include all milestones and task breakdown for each of the tasks and subtasks inchlded therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed Deliverables Quality Control/Quality Assurance (QA/QC)Plan Project Schedule/Invoicing Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. City of Santa Ana RFP 23-025 Page Al-3 The Consultant shall perform engineering design services resulting in contract documents (plans; specifications and cost estimates 'PS&E') for various projects on an as needed basis. However, work tasks may include studies or a variety of engineering tasks. If requested by the City, the Consultant shall provide a Work Plan, which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed and/or Task Order. Specific Task Orders with Notices to Proceed ('NTPs'5 will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The following services/items shall include, but are not be limited to: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Conduct an environmental assessment for each project and prepare all documentation required to comply with California Environmental. Quality Act (CEQA), and or National Environmental Protection Act (NEPA). (If required) 3. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 88 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 4. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultant. 5. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum paper using Microstation V8i CADD software program. All drawings shall be completed per the City of Santa Ana CADD Standards and any special provisions thereof. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. 6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer responsible/in- charge of the project. If apart of the on -calf project scope, the Consultant shall provide support services during the bidding and construction phases of the project, including, but not limited to: a. Respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre -construction meeting. b. Review and approve all submittals and shop plan drawings required supporting the City of Santa Ana RFP 23-025 Page Al-4 construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. c. Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. d. Provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 8. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as -built plans and submit them to the City. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as -built plans shall be submitted to the City with an electronic copy (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e- mail. 9. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce aprofessional-level quality of work product. 10. If included in the on call project scope, attend meetings with the City staff as required. 1I. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 12.I17 included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. All information regarding the plans and specifications and or documentation related to the project and approved by the City, will then become property of the City. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant All tasks orders shall include the staff title, hours, hourly .rate and totals as related to the project. City of Santa Ana RFP 23-025 Page A15 Construction Plans. Standard Specifications and Estimate (PS&E) Preliminary Design- Attend project scope meeting with City Staff to review project details. Consultant shall field review, inspect and conduct all necessary surveys to prepare a Preliminary Design Report (PDR) or alternatives, preliminary cost estirnate and preferred alternative as requested by the project manager. A (PS&E) package shall be submitted to review at 30% design for independent City review. A (PS&E) package shall be submitted to review at 60% design for independent City review. A (PS&E) package shall be submitted to review at for 100% FINAL independent design review. The City will review and cormnent on the PS&E packages with a turnaround goal of (2) weeks. One (1) copy of the documents with comments will be returned to the consultant. Unless, several agencies are involved in the review process multiple documents with comments will be provided to the consultant. After the final design comments have been incorporated the consultant shall provide the City with final (PS&E) package ready for bid. See Section - General Requirements and Project Deliverables Section. Project Schedule and Progress: Progress review meetings shall be held at intervals deemed appropriate by the City. The Consultant shall furnish two copies of all completed work or partially completed update/status since the last progress review meeting. Progress reports shall be submitted monthly in electronic format indicating achievements lord project schedule progress. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic fides for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities Fee Proposal: In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: City of Santa Ana RFP 23-025 Page Al-6 The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Team. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non - Discrimination by Contractors "for each firm on their team. City of Santa Ana RFP 23-025 Page Al-7 EXHIBIT B COMPENSATION Consultant's Fee Proposal 3IIISHANNON MILSON 2023 FEE SCHEDULE - LOS ANGELES OFFICE Fees for Professional Services Officers/Associates Senior Vice President................................................................................................... $310.00/hr. VicePresident................................................................................................................ $285.00/hr. SeniorAssociate............................................................................................................ $255.00/hr. Associate........................................................................................................................ $230.00/hr. Engineering/Geology/Hydrology/Environmental Senior Professional III .................................................................................................. $205.00/hr. Senior Professional II.................................................................................................... $185.00/hr. Senior Professional I..................................................................................................... $165.00/hr. ProfessionalIV.............................................................................................................. $140.00/hr. Professional III.............................................................................................................. $130.00/hr. Professional II................................................................................................................ $120.00/hr. ProfessionalI................................................................................................................. $105.00/hr. Field and Lab Technician/Drafter/Technical Assistant Regular Overtime DGI and Senior Technical Services ...................................... $135.00/hr.................... $169.00/hr. Technical Services (IV, III) .................................................... $115.00/hr.................... $144.00/hr. Technical Services (II, I) .......................................................... $85.00/hr.................... $106.00/hr. Administrative Regular Overtime Office Services (Senior, V, IV) .............................................. $140.00/hr.................... $175.00/hr. Office Services (III, II)........................................................... $100.00/hr.................... $125.00/hr. Office Services(I).....................................................................$85.00/hr.................... $106.00/hr. Special Services Senior Consultant........................................................................................................... as quoted Consultant........................................................................................................................ as quoted Instrumentation Specialist........................................................................................... $195.00/hr. Prevailing Wage Surcharge The hourly rates will be increased by $45 per hour for prevailing wage work. Expert Testimony The hourly rates for the services of our staff will be doubled for time spent actually providing expert testimony. Subconsultants, Subcontractors, and Reimbursable Expenses Expenses other than salaries that are directly attributable to our professional services will be invoiced at our cost plus 15% Shannon & Wilson may employ subconsultants and subcontractors, as necessary, to assist in furnishing its services. Examples include, but are not limited to, drillers, excavating companies, and laboratories. Subconsultant and subcontractor fees will be invoiced at cost plus 15%. Vehicles Trucks and Field Vehicles ...................... ................... $25/hour up to $200.00/day Personal Vehicles .....................................................per Federal Mileage Rate Field Equipment and Laboratory Testing (see separate schedule) These rates are for services provided for the current fiscal year (FY). At the end of each FY (December 31), rates will be adjusted for the next FY and invoiced accordingly, but in no event shall exceed 3% annually. Reyes, Erendida From: City of Santa Ana <certificate-request@ctraxjdidata.com> Sent: Monday, May 8, 2023 11:56 AM To: Dean.Franchuch@shanwil.com; DesignProCerts@AssuredPartners.com; Reyes, Erendida; Gail_scott@ajg.com; Ortiz, Michael Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Shannon & Wilson, Inc. Name: Project TBD (074) Number. Project Consultant Agreement Between The City Of Santa Ana And Shannon & Name: Wilson For On -Call Engineering 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: EXPIRATION TYPE OF INSURANCE POLICY NUMBER COI DATE FILE NAME DATE COI -Shannon AUTOMOBILE LIABILITY 2961686 03/01/2024 04/13/2023 & Wilson - 03.01.24 AU GL WC.pdf COI -Shannon GENERAL LIABILITY 5180256 03/01/2024 04/13/2023 & Wilson - 03.01.24 AU GL WC.pdf PROFESSIONAL LIABILITY B0146LDU5A2304579 01/01/2024 04/13/2023 COI Shannon & Wilson PL.pdf COI -Shannon WORKERS COMPENSATION AND EMPLOYERS' & Wilson - LIABILITY WC012016020AOS 03/01/2024 04/13/2023 03.01.24AU GL WC.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 5/8/2023 2:55 PM Reyes, Erendida From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Monday, January 8, 2024 9:08 AM To: Reyes, Erendida; Ortiz, Michael Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Shannon & Wilson, Inc. Name: Project A-2023-075-08 Number: Project Consultant Agreement Between The City Of Santa Ana And Shannon & Name: Wilson For On -Call Engineering 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: TYPE OF INSURANCE AUTOMOBILE LIABILITY POLICY NUMBER EXPIRATION COI DATE DATE 2961686 03/01/2024 04/13/2023 FILE NAME COI - Shannon & Wilson - 03.01.24 AU GL WC.pdf COI - Shannon GENERAL LIABILITY 5180256 03/01/2024 04/13/2023 & Wilson - 03.01.24 AU GL WC.pdf City of Santa PROFESSIONAL LIABILITY & B0146LDU5A2404579 01/01/2025 12/21/2023 Ana (I11155) Reprint for Upload.pdf COI - Shannon WORKERS COMPENSATION AND WC012016020AOS 03/01/2024 04/13/2023 & Wilson - EMPLOYERS' LIABILITY 03.01.24 AU GL WC.pdf ACCORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/4/2024 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 Di i�ally signed b c Regina Caindoy Arthur J. Gallagher Risk Management Serv,;es L A8t A e E Acevedo i� Acevedo e A o Date:2024.03.06 PHONE- FAX A/C No Ext : 425-586-1034 A/C, No): E-MAIL s regina_caindoy@ajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: National Union Fire Insurance Company of Pittsburg 19445 -08,00, INSURED Shannon & Wilson, Inc. ATTN: Travis Deane INSURERB: New Hampshire Insurance Company 23841 INSURERC: INSURERD: 100 N. First Street, Suite 200 Burbank CA 91502 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 1736351153 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 5180256 3/1/2024 3/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO - POLICY � ECT1:1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y 2961686 3/1/2024 3/1/2025 COMBINED SINGLE LIMIT Ea accident $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ A B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC012016021P(AOS) WC012016020(CA) 3/1/2024 3/1/2024 3/1/2025 3/1/2025 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? FN] N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re Workers' Comp- in Monopolistics, Employers' Liability only City of Santa Ana, its offers, officials, employees and volunteers are included as Additional Insured for General Liability (per CG2010 and CG2037), Auto as respects operations of the Named Insured and where required by written contract. GL, AL Primary and Non -Contributory is included where required by written contract. Waiver of Subrogation is included where required by written to contract. RE: City of Santa Ana On -Call Engineering Services. S&W Job No. 111155. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Attn: Jennifer L. Hall 20 Civic Center Plaza (M-30) PO Box 1988 Santa Ana CA 92702 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRC oR.N a RAManagmumtDMslcrn AUTHORIZED REPRESENTATIVE z f °x RENEWED & APPROVED BY: Rem CRU1 " Risk Management Specialist @ 1988-2015 ACORD ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE ' ENDORSEMENT This endorsement, effective 12:01 A-M. 3/1 /2024 forms a part of Policy No. 2961686 issuedto- Sh,;nnon & -Wilson, Inc. by NATIONAL UN[ON FIRE IMSUIWCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLIEIASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS T€3 US This endorsement modifies insurance provided under the fotlovring: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A- - Loss Conditions, S. - Transfer of Rights of Recovery Against Others to Us, is amended to add; However, we will waive any right of recover we have against any person or arganization with whore you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an " accident" or 'loss" if: (1) The "accident" or "loss" is dire to operations undertaken in accordance with the contract existing between you and such person, or organization; and (2) The contract or agreement was entered into prior, to any "accident' or "loss". No waiver of the right of recovery will direcfly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. AUTHORIZED EPRESENTATIVE 62a97 (6195) RA Mougmumt DMslcrn f e °;' REVIEWED & APPROVED BY: °Afg Aezv 1 " Risk Management Specialist E.NDOR$F-MENT this endursament, o'rfW!vQ 12,,-Gf AJ�, 3/1/2024 f(5ri#is a Part of polFcyNq;5-1-8 G256-issu.-eFd- fo7-sha n non-&-Wilson- I 4y National Union Fire Insurance Company of Pittsburgh PA Tkt,S EhDORSEMENT GHAN6EG'TI4E VOLIM PLEASE READ IT CAREFULLY ADWTIONAL WSW�E-D - FRWAAY [KS0PW4pF 77fls- enddr$&rnont tpodfffet fxsUt ric oro(Twq� ur.-dar Me fo"fow1bw GO'MMERAL GI*M�RAL LIABU-tY 60VERkGE FbiRm Sbcfldi- IV, C<)FnMerdlal GellLMM Uabirffy bonditidn% paragraph 4,. Qih,4- fn-zu* ra rice-, sdbViaragrap%4 a. Pf'rimay Insurancei is amended by the addition of the fo-fjciwhg� HdWQVW.-, oov&f-age ub'dor ffitn paijcy aff6rded to zm additf�ilal it SW6cf will - apply as �,---tt6ary insurance �vhdre- re4EIrad b , y ira� �=.L ind'a6y other IrTsufaned: i§k.,-ed to �;uO- additlon,�[ insuredSh6lf-ap�ly as excess an d 17— Authorfted Represei t.ff, RA Mougmumt Division ,gnataee 0 X,�� REMEWED & APPROVED BY. Appricablia)' 74434 (110109) -Qrn1-" Risk Management Specialist v ENDORSEMENT This endorsement, effective 12.01 A.M. 3/1/2024 forms a part of by National Union Fire Insurance Company of Pittsburgh PA THIS ENdORSEMENiT CkANGES T , HE POLICY. PLEASE R�A[5 IT CAREFULLY. ADDITI[ONAL INSURED - WHERE REQUIRED UNDER CONT13ACT OR AGREEMENT This ej7dorsdment n7odffies insdhwce pro videcl under the fallowing; SCHEDULE ITUj�kZffl_4 Any person or organization forwhorn you are contractually bound to provide Additional Insured status, but only to the extent of such person's or organizations liability arising out of a covered "auto-" SECTION 11 = LIABILITY GOVE-RAGE, A. Coverage, 1. -Who Is Insured, is amended to add% d. Any person or organization, shown. in the schedule above', to, -"lhdm you becoi-nP.0bligaled to include as; anadcliflon6l insured under this poll6y, as a *rbsult'of iiny'contract or agieernaift you enter 1n'.owhich -reqLJirbs_'yop to furnish Insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of,use, of a covered "auto". Howqver, the Insurance provided will not exceed the ies§er of; (1) The coverage and/or limits of this policy, or f2) The coverage andlor limits required by said contract or agrbement. Risk Mouganent DMslcrn D & APPROVED BY. REVIEWED 114 9 -nature '(in 5 Risk Management Specialist POLICY NUMBER: 5180256 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED, PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART �93 0 14 4111 Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY WRITTEN CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, PER THE WRITTEN CONTRACT OR AGREEMENT I information required to complete this Schedule, if not shown above, will be shown, in the Declarations, I A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in, part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such, additional insured only applies to the extent permitted by law; and 2, If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in: connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises hias been put to its intended use by any person or organization other than another contractor or subcontractor enga operations for a prin "P-", RA Mougmumt DMslcn same project. RE\AEWED & APPROVED BY. Aezv4�, Disk Management Specialist CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 11 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 oR,N a Risk ManagementDMsian REVIEWED & APPROVED BY. Afg Aezv 1" Risk Management Specialist NJ CG 20 10 04 13 El POLICY NUMB1=R: 5180256 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. W400-211, MAII&IM9191i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLFTFD OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you become obligated to included as additional insured as a result of any written contract or agreement you have entered into, Various Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. Section 11 --- Who Is An Insured is amended to include as an additional 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 "produc€s-completed operations hazard". However: 'I. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2_ It coverage provided to the additional insured is required- by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG203704'I3 B_ With respect to the insurance afforded to these additional insureds, the following is added to Section Ili — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement-, or 2, Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 oR,N a Risk MougmumtDMsian f ° REVIEWED & APPROVED BY: 1" Risk Management Specialist POLICY NUMBER: 5180256 COMMERCIAL. GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER RIGHTSRECOVERY OTHERSAGAINST This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Pursuant to applicable written contract or agreement you enter into. ! Information required to complete this Schedule, if not shown above, will be shown in the Declarations. f The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05" O Insurance Services Office, Inc., 2008 oR.N a Risk ManagmumtDMsian °� f °;' REVIEWED & APPROVED BY. Aezv 1" Risk Management Specialist ENDORSEMENT This endorsement, efkuGtive12:O14`M. 3/1/2024 forms apart of policy No. issued to SHANNON & W|LSON. INC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section |V - Business Auto Conditions, B., General Conditions, 5.' Other Insurance, c.' is amended by the addition ofthe following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured vvhorm an required under an agreement executed prior to the date of accident We will not ask any insurer thathas issued other insurance to such additional insured to contribute tothe settlement of loss arising out ofsuch accident. All other terms and conditions remain unchanged. REmEWED & APPROVED BY. Countersignature (ii Ri5k Management Specialist Applicable) V" NJ EMPLOYERS LIABOLIITY COVERAGE ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. --------Flhe-following=attaching-clause'-need_be_completed-only--when-this-endorsement.is-issued-stfsequenL-to_preparation'of the -policy), °°°°°°---- This -endorsement effective 1-2.01 AM— 3/1/2424 —forms-a-part-of Polioy-No—WC 012-01-602(� - — Issued to SHANNON & WI LSON, I NG . By NEW HAMPSHIRE INSURANCE COMPANY This endorsement applies only to work in the states shown in the Schedule. A. Part One (Workers Compensation Insurance) does not apply to work in a state shown in the Schedule. B. Part Two (Employers Liability Insurance) applies to work in states shown in the Schedule as though they were shown in Item 3.A. of the Information Page. C. Part Two (Employers Liability Insurance), C. Exclusions is changed by adding these exclusions. This insurance does not cover: 13. bodily injury to an employee when you are deprived of common law defenses or are subject to penalty because of your failure to secure your obligations under the workers compensation law of any state shown in the Schedule or otherwise fail to comply with that law. States Schedule NORTH IDAKOTA WASH1NGTON WYOMING oR,N a RAManagmumtDivision f °� REVIEWED & MPROVm BY. ezv WC 00 03 03 C Countersigned by _ _ _ - - _ _ _ _ _ _ _ — _ _ ` _ _ _ --j— Risk Management Specialist NJ (I`c1. 40104) b 2004 National Council on Compensation Insurance, Inc. Authorized Raniresentative