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Home My WebLink AboutTAIT & ASSOCIATES, INC. (3)INSURANCE ON FILE WORK MAY PROCEED UN� INSURANCE EXPIRES CITY CLERK -- DATE: A-2023-075-09 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TAIT & ASSOCIATES, INC. FOR ON -CALL ENGINEERING SERVICES THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between TAIT & Associates, 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"). N O RECITALS ca 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. 00001TD UM 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 I (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 CO 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 CGI, 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. INDEMNIF.ICATION 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. 8. 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 parry 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. 11. 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, tennination 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. 1.5. 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: Jacob Vandervis Vice President & C.O.O. TAIT & Associates, Inc. 701 Parkcenter Drive Santa Ana, CA 92705 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 TAIT & ASSOCIATES, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ennifer all ity Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Y ttathan T. Martinezv Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA Lrw- Kristine Ridge City Manager TAIT & ASSOCIATES, INC.: 5 Vandervis President & C.O.O. Page 10 of 10 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANCA ANA REQUEST FOR PROPOSALS FOR PARKS & FACILITY ON -CALL ENGINEERING SERVICES RFP NO.23-025 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 consultants) 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 I 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 PageA1-1 Scone of Services 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 • EnvironmentaUPlanning 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 ConsukanPs 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 tile 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 tile 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 shallprovide 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 adetailed 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') 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. Ail 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 perthe 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. 7. If apart of the on -call 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 23-026 Page A1-4 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 ]he 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 a professional-leve 1 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.If 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 speck 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 Al-5 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 estimate 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 1001/o FINAL independent design review. The City will review and comment on the PS&Epackages with aturnaround goal of (2) weeks. One (1) copy of the docwnents 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. Pro iectSchedule 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 lmd project schedule progress. City Res ponsibilities: 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 files 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 PageAl-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. 3. 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 At-7 EXHIBIT B COMPENSATION Consultant's Fee Proposal TAI RISING TO THE CHALLLN69 ARCHITECTURAL Schedule of Fees Employee Classification Hourly Rate Principal.......................................................................................................................................... 205.00 ProjectDesign Director..................................................................................................................190.00 SeniorProject Manager.................................................................................................................190.00 ProjectManager .............................................................................................................................180.00 ProjectArchitect .............................................................. :.......................................... .................... 175.00 ProjectDesigner.............................................................................................................................155.00 JobCaptain....................................................................................................................................135.00 CADDrafting..................................................................................................................................120.00 ComputerPresentation..................................................................................................................120.00 Administration............................................................................. .................................................... 95.00 ENGINEERING Employee Classification Principal......................................................... Senior Professional Engineer ....................... Professional Engineer ................................... Engineer Designer II ..................................... Engineer Designer I ...................................... Permit Specialist ............................................ CADDrafting ................................................. Administration. ...................................... ....... SURVEYING Hourly Rate .................................................................... 281.00 ................................................................... 269.00 ............................................................... 254.00 ....................................................................187.00 ....................................................................159.00 ....................................................................130.00 ....................................................................120.00 ....................................................................127.00 Employee Classification Hourly Rate Two -Man Crew...............................................................................................................................347.00 LicensedSurveyor.........................................................................................................................254.00 One -Man Crew w/ Robotics...........................................................................................................220.00 ProjectManager.............................................................................................................................125.00 SeniorSurvey Specialist................................................................................................................198.00 SeniorPermit Specialist.................................................................................................................105.00 Drafter............ ...... ........ .................................................... ......... ........................ .............................. 120, 00 Administration................................................................................................................................. 90,00 *Rates to be adjusted up to 3% maximum increase, annually, over life of contract as approved by the City. *Prevailing Wage Rates based on current State of California Prevailing Wage Schedule and the assigned project location. The hourly rate for client authorized overtime and for representation at hearings and meetings after 6:00 p.m. will be invoiced at 1.5 times the posted rate. The above rates are inclusive of phone charges, fax charges, software and licensing fees, and photocopying charges. Mileage, Travel and Per Diem Auto Mileage: $.65.5 per mile Air Travel and Auto Rental: Actual cost, plus 15 percent Per Diem: Actual cost of lodging and meals, plus 15 percent TAIT RISING TO THS CHALLrHGS Schedule of Fees Materials and Supplies Office and CARD supplies are included in the hourly rates. Prints, plots, and reproductions are charged at cost plus 15 percent from commercial blueprint companies. In-house reproduction charges areas follows: Prints Plots Color Plots Bond $ .95/s.f. $.95/s.f. $6.00/8.f. Vellum 1.35/s.f. 1.65/s.f. 7.50/s.f. Reimbursable Expenses WIII be billed at cost plus 15%. Client will pay directly for all permit and agency fees; otherwise cost plus 15%. Subconsultant invoices will be billed at cost plus 15%. ... �.FOR From: City of Santa Ana To: amendozaCa)tait.com; Reyes. Erendida; Ortiz. Michael; steohanie.holly(a)marshmma.com Subject: Internal Notice of Compliance Date: Friday, May 5, 2023 1:10:44 PM u NOTICE OF COMPLIANCE ( lT) STAFF: PRINT THIS PAGE AND INCLFI)E WITH AGREENIENT TO THE CLERK OF THE COUNCII Contractor Tait & Associates, Inc. Name: Project TBD (088) Number: Project Consultant Agreement Between The City Of Santa Ana And Name: Tait & Associates, Inc, 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 GENERAL LIABILITY PROFESSIONAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, POLICY EXPIRATION FILE NUMBER DATE COI DATE NAME City of Santa 7034395486 09/01/2023 08/31/2022 Ana- Auto & WC.pdf City of Santa SP002747062022 09/01/2023 10/04/2022 Ana GL, Prof, Excess.pdf City of Santa SP002747062022 09/01/2023 09/15/2022 Ana- GL, Prof, Poll, Excess.pdf City of Santa 7034395505 09/01/2023 08/31/2022 Ana- Auto & WC.pdf City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 515l2023 4:06 PM DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 09/19/2025 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 Accounts Team NAME: Scott&McCauley Insurance Agency PHONE (949)503-1953 FAx A/C No Ext: A/C,No): 2 Ritz Carlton Drive E-MAIL COI@sminsuranceagency.com ADDRESS: Suite 204 INSURER(S)AFFORDING COVERAGE NAIC# Dana Point CA 92629 INSURERA: AXIS Surplus Insurance Company 26620 INSURED INSURER B: The Continental Insurance Company 35289 Tait&Associates,Inc INSURER C: Valley Forge Insurance Company 20508 701 Parkcenter Dr INSURER D: Colony Insurance Company 39993 INSURER E: Santa CA 92705 INSURER F: COVERAGES CERTIFICATE NUMBER: TAIT MSTER 25-26 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 25,000 MED EXP(Any one person) $ 5,000 A Y Y SP002747-08-2025 09/01/2025 09/01/2026 PERSONAL&ADV INJURY $ 2,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y 7034395486 09/01/2025 09/01/2026 BODI LY I NJ U RY(Pe r accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LAB CLAIMS-MADE Y Y SX002748-08-2025 09/01/2025 09/01/2026 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY YIN 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? ❑ N/A Y 7034395505 09/01/2025 09/01/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ P Professional Liab/Contractors Pollution rofess/Poll Ea Claim 2,000,000 AID Excess Liability SP002747-082025/EX04295007 09/01/2025 09/01/2026 Ea Claim/Aggregate 4,000,000 X 5M DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers are additional insureds per written contract or agreement. The certificate holder is included as an Additional Insured as required by a written contract or agreement on the General Liability,Auto Liability,and Umbrella.Coverage is Primary&Non-Contributory when required by a written contract or agreement with the named insured.Blanket Waiver-of-Subrogation is granted in favor of the Additional Insured with respect to the General Liability,Auto Liability,and Workers'Compensation when required by written contract or agreement.Umbrella follows form over General liability,Auto liability,Employers liability,pollution and professional liability.Thirty(30)days' notice of cancellation with ten(10)days'notice for non-payment of premium is provided to the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TU Trdn Digit z�ly signed by THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN TAT 2025.09.2 ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana PWA-Facilities oate:zozso9.z9 Nguyeno82506- 20 Civic Center Plaza,M-11 AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) APPROVED are registered marks of ACORD By Tu Tran Nguyen at 8:24 am,Sep 29,2025 Endorsement No. 5 Effective Date: 09/01/2025@12:01 a.m.Standard Time at the address of the Named Insured Policy Number: SP002747-08-2025 Insured Name:Tait&Associates, Inc. Issuing Company:AXIS Surplus Insurance Company Additional (Return) Premium: $0 If the Endorsement Effective Date is blank,then the effective date of this Endorsement is the Inception Date of the Policy. ADDITIONAL INSURED/PRIMARY COVERAGE INCLUDING COMPLETED OPERATIONS (CGL& CONTRACTORS POLLUTION COVERAGE) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the Specialty Package Policy. In consideration of the premium charged, it is agreed that: SECTION III—WHO IS AN INSURED is amended to include as an Additional Insured the person or organization shown in the schedule below as respects Coverages A, B and D, but only for liability arising out of Your Work or Covered Operations performed by you or on your behalf for that Additional Insured and not due to any actual or alleged independent liability of said Additional Insured. This endorsement does not apply to Bodily Injury. Property Damage or Loss arising out of the sole negligence or willful conduct of,or for defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured,this insurance is primary and non-contributory where a written contract or written agreement in effect prior to any related Claim requires you to provide such coverage. When this insurance is primary and non-contributory,our obligations are not affected by any other insurance carried directly by such additional insured whether it is primary or excess coverage. However, regardless of the provisions above: We will not extend any insurance coverage to the additional Insured person or organization: (1) That is not provided to you in this Policy; or (2) That is broader coverage than you are required to provide to the additional Insured person or organization in the written contract or written agreement. This endorsement does not increase the Company's Limits of Insurance as specified in the Declarations of the Policy. SCHEDULE OF ADDITIONAL INSUREDS As required by written contract in effect prior to any related Claim SPP 0024(Ed.06 12) Page 1 of 1 Endorsement No. 7 Effective Date: 09/01/2025 @12:01 a.m.Standard Time at the address of the Named Insured Policy Number: SP002747-08-2025 Insured Name: Tait&Associates, Inc. Issuing Company: AXIS Surplus Insurance Company Additional (Return) Premium: $0 If the Endorsement Effective Date is blank,then the effective date of this Endorsement is the Inception Date of the Policy. NAMED INSURED EXTENSION THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided by the Specialty Package Policy In consideration of the premium charged, it is agreed that the entities in the following schedule are included as Named Insureds in Item 1. of the Declarations.The First Named Insured designated in Item 1. of the Declarations shall remain unchanged. SCHEDULE Tait Environmental Services,Inc. DBA Tait Environmental Management DBA Tait Environmental Systems DBA Tait Electric DBA Tait Range Services Havill Engineering TAIT Parkcenter Associates,LLC Environmental Services Properties,LLC The Tait Family Trust The K. Richard Tait and Kathryn A.Tait Living Trust Thomas F.Tait Family Trust RC Trade Center Associates, LLC Yellow Roof Development, LLC 2130 Orangewood,LLC 2021 4th Street,LLC Willow Springs Investments,a California general partnership Whitewater Group LLC HT Land Partners,LLC Hoime Development,LLC Tait Land,Inc. Tait Development,LLC Kenneth R.Tait,an Individual Thomas F.Tait,an Individual Kenneth E.Tait,an Individual Trevor Tait,an Individual Victoria and Trevor Tait Family Trust Tait CID,LLC HT Land Partners 200,LLC HT Land Partners 300,LLC HT Mineral Partners, LLC TRT Development 200, LLC The Daniel W Hinson Family Trust Tait Orcutt, LLC SPP 0054(Ed.12 10) Page 1 of 2 Endorsement No. 8 Effective Date: 09/01/2025 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: SP002747-08-2025 Insured Name: Tait &Associates, Inc. Issuing Company: AXIS Surplus Insurance Company Additional (Return) Premium: $0 If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy. ENDORSEMENT- NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the SPECIALTY PACKAGE POLICY. In consideration of the premium charged, it is agreed that in the event you or we cancel this Policy prior to the expiration date, we will endeavor to provide a thirty (30) day notice of such cancellation to certificate holders, provided that: 1. you are under an existing contractual obligation to notify such certificate holders when this Policy is cancelled; and 2. you have provided the following to us, either directly or indirectly, through your broker of record: a. The name of the entity shown on the certificate; and b. The address of such entity where notification may be mailed. We shall not provide a thirty (30) day notice if the cancellation is due to nonpayment of premium to us or to a finance company authorized to cancel the Policy. Such notice of cancellation will be provided via mail to the certificate holders. Proof that we have mailed the notice of cancellation, using the information provided by you, will serve as proof that we have fully satisfied our obligations under this endorsement. Such notice of cancellation is provided on an informational basis and solely to assist you in meeting your contractual notice requirements to such parties. Our failure to provide such advance notice to the certificate holder(s) will not extend any Policy cancellation date, negate any cancellation of the Policy, or grant, alter, or extend any rights or obligations under this Policy and we shall have no liability for failure to provide the notice herein. All other terms and conditions of the Policy shall apply and remain unchanged. SPP 0063 (Ed. 01 17) Page 1 of 1 Endorsement No. 11 Effective Date: 09/01/2025 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: SP002747-08-2025 Insured Name: Tait&Associates, Inc. Issuing Company: AXIS Surplus Insurance Company Additional (Return) Premium: $0 If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT ENDORSEMENT (GENERAL LIABILITY COVERAGE) THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the Specialty Package Policy. Schedule of Designated Projects: As required by written contract in effect prior to any related Claim A. Subject to paragraph E. below, for all damages under Coverage A, except damages because of Bodily Injury or Property Damage included in the Products-Completed Operations Hazard, to which this insurance applies and which can be attributed only to a single designated project shown in the Schedule above ("Designated Project"): 1. A separate Designated Project General Aggregate Limit applies to each Designated Project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Project General Aggregate Limit applies on a primary non- contributory basis where required by written contract in effect prior to any associated claim. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all such damages and Loss, regardless of the number of: a. Insureds; b. Claims made or Suits brought; or C. Persons or organizations making Claims or bringing Suits. 3. Any payments made for such damages shall reduce the Designated Project General Aggregate Limit for that designated project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other Designated Project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence and for Damage to Premises Rented to You continue to apply to a Designated Project. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Aggregate Limit. SPP 0107(Ed.05 16) Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages under Coverage A to which this insurance applies and which cannot be attributed only to a single Designated Project shown in the Schedule above: 1. Any payments made for such damages shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. C. When coverage for liability arising out of the Products-Completed Operations Hazard is provided, any payments for damages because of Bodily Injury or Property Damage included in the Products-Completed Operations Hazard will reduce the Products-Completed Operations Aggregate Limit, and shall not reduce the General Aggregate Limit or the Designated Project General Aggregate Limit. D. The provisions of SECTION IV — LIMITS OF INSURANCE AND DEDUCTIBLE not otherwise modified by this endorsement shall continue to apply as stipulated. E. Regardless of the number of locations or projects and any other circumstance or payments made under this Policy, including payments made for Claims covered under the General Aggregate, the Products Completed Operations Aggregate or any Pollution Aggregate as applicable, the total amount we will pay under this insurance policy for any and all project(s) designated within this endorsement shall be no more than the Designated Construction Project General Aggregate Limit shown below: Designated Construction Project General Aggregate Limit: $10,000,000 In the event that no dollar amount is shown next to the Designated Construction Project General Aggregate Limit above, the Designated Construction Project General Aggregate Limit shall be $10,000,000. All other terms and conditions of this Policy remain unchanged. SPP 0107(Ed.05 16) Page 2 of 2 Endorsement No. 12 Effective Date: 09/01/2025 @12:01 a.m.Standard Time at the address of the Named Insured Policy Number: SP002747-08-2025 Insured Name:Tait&Associates, Inc. Issuing Company:AXIS Surplus Insurance Company Additional (Return) Premium: $0 If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: SPECIALTY PACKAGE POLICY The following is added to SECTION VI, COMMON CONDITIONS, Paragraph 9, Other Insurance. It supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your Policy provided that: (1) The additional insured is a Named Insured under such other insurance;and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Includes copyrighted material of Insurance Services Office, Inc with its permission CG 20 01 04 13 SPP 200104(04 14) Page 1 of 1 Endorsement No. 17 Effective Date: 09/01/2025@12:01 a.m. Standard Time at the address of the Named Insured Policy Number: SP002747-08-2025 Insured Name:Tait &Associates, Inc. Issuing Company:AXIS Surplus Insurance Company Additional (Return) Premium: $0 If the Endorsement Effective Date is blank,then the effective date of this Endorsement is the Inception Date of the Policy. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: SPECIALTY PACKAGE POLICY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract in effect prior to any related As required by written contract in effect prior to any Claim related Claim Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for Bodily Injury, Property This insurance does not apply to Bodily Injury or Damage or Personal And Advertising Injury Property Damage occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of Your Work out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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. Includes copyrighted material of Insurance Services Office, Inc with its permission CG20100413 SPP 2010 13 (02 14) Page 1 of 2 C. With respect to the insurance afforded to these whichever is less. additional insureds, the following is added to This endorsement shall not increase the Section IV— Limits Of Insurance: applicable Limits of Insurance shown in the If coverage provided to the additional insured is Declarations. 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; Includes copyrighted material of Insurance Services Office, Inc with its permission CG20100413 SPP 2010 13 (02 14) Page 2 of 2 Endorsement No. 19 Effective Date: 09/01/2025@12:01 a.m. Standard Time at the address of the Named Insured Policy Number: SP002747-08-2025 Insured Name:Tait &Associates, Inc. Issuing Company:AXIS Surplus Insurance Company Additional (Return) Premium: $0 If the Endorsement Effective Date is blank,then the effective date of this Endorsement is the Inception Date of the Policy. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: SPECIALTY PACKAGE POLICY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): As required by written contract in effect prior to any related Claim Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, this insurance does not apply organization(s) shown in the Schedule, but only to any 'occurrence" which takes place after the with respect to liability for Bodily Injury or equipment lease expires. Property Damage or Personal And Advertising C. With respect to the insurance afforded to these Injury caused, in whole or in part, by your additional insureds, the following is added to maintenance, operation or use of equipment Section IV— Limits Of Insurance: leased to you by such person(s) or organization(s). If coverage provided to the additional insured is required by a contract or agreement, the most we However: will pay on behalf of the additional insured is the 1. The insurance afforded to such additional amount of insurance: insured only applies to the extent permitted by 1. Required by the contract or agreement; or law; and 2. Available under the applicable Limits of 2. If coverage provided to the additional insured is Insurance shown in the Declarations; required by a contract or agreement, the insurance afforded to such additional insured whichever is less. will not be broader than that which you are This endorsement shall not increase the required by the contract or agreement to applicable Limits of Insurance shown in the provide for such additional insured. Declarations. Includes copyrighted material of Insurance Services Office, Inc with its permission CG 20 28 04 13 SPP 2028 13(04 14) Page 1 of 1 Endorsement No. 26 Effective Date: 09/01/2025@12:01 a.m.Standard Time at the address of the Named Insured Policy Number: SP002747-08-2025 Insured Name:Tait&Associates, Inc. Issuing Company:AXIS Surplus Insurance Company Additional (Return) Premium: $0 If the Endorsement Effective Date is blank,then the effective date of this Endorsement is the Inception Date of the Policy. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: SPECIALTY PACKAGE POLICY SCHEDULE Name Of Person Or Organization: As required by written contract in effect prior to any related Claim Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 12. Subrogation of Section VI—Common 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. Includes copyrighted material of Insurance Services Office, Inc with its permission CG 24 04 05 09 SPP 2404 09(04 14) Page 1 of 1 Policy: 7034395486 CNA63359XX CNA (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE 4. An "employee" of yours is an "insured" A. Who Is An Insured while operating an "auto" hired or rented under a contract or agreement in that The following is added to Section II, Paragraph "employee's" name, with your permission, A.1., Who Is An Insured: while performing duties related to the 1. a. Any incorporated entity of which the conduct of your business. Named Insured owns a majority of the "Policy," as used in this provision A. Who Is An voting stock on the date of inception of Insured, includes those policies that were in this Coverage Form; provided that, force on the inception date of this Coverage b. The insurance afforded by this Form but: provision A.1. does not apply to any 1. Which are no longer in force; or such entity that is an "insured" under 2. Whose limits have been exhausted. any other liability "policy" providing "auto" coverage. B. Bail Bonds and Loss of Earnings 2. Any organization you newly acquire or form, Section II, Paragraphs A.2. (2) and A.2. (4) other than a limited liability company, are revised as follows: partnership or joint venture, and over which 1. In a.(2), the limit for the cost of bail bonds is you maintain majority ownership interest. changed from $2,000 to $5,000; and The insurance afforded by this provision 2. In a.(4), the limit for the loss of earnings is A.2.. changed from $250 to $500 a day. a. Is effective on the acquisition or C. Fellow Employee formation date, and is afforded only until the end of the policy period of this Section II, Paragraph B.5 does not apply. Coverage Form, or the next anniversary of its inception date, whichever is Such coverage as is afforded by this provision earlier. C. is excess over any other collectible insurance. b. Does not apply to: II. PHYSICAL DAMAGE COVERAGE (1) "Bodily injury" or "property damage" caused by an "accident" that A. Glass Breakage — Hitting A Bird Or Animal — occurred before you acquired or Falling Objects Or Missiles formed the organization; or The following is added to Section III, (2) Any such organization that is an Paragraph A.3.: "insured" under any other liability With respect to any covered "auto," any "policy" providing "auto" coverage. deductible shown in the Declarations will not 3. Any person or organization that you are apply to glass breakage if such glass is required by a written contract to name as repaired, in a manner acceptable to us, rather an additional insured is an "insured" but than replaced. only with respect to their legal liability for B. Transportation Expenses acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is Section III, Paragraph A.4.a. is revised, with An Insured and for whom Liability Coverage respect to transportation expense incurred by is afforded under this policy. If required by you, to provide: written contract, this insurance will be a. $60 per day, in lieu of$20; subject to primary and non-contributory to insurance on which the additional insured is a Named b. $1,800 maximum, in lieu of$600. Insured. C. Loss of Use Expenses CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Policy: 7034395486 CNA63359XX CNA (Ed. 04/12) Section III, Paragraph A.4.b. is revised, with c. Physical Damage Coverage on a covered respect to loss of use expenses incurred by "auto" also applies to "loss" to any you, to provide: permanently installed electronic equipment a. $1,000 maximum, in lieu of$600. including its antennas and other accessories. D. Hired "Autos" d. A $100 per occurrence deductible applies The following is added to Section III. to the coverage provided by this provision. Paragraph A.: G. Diminution In Value 5. Hired "Autos" The following is added to Section III, If Physical Damage coverage is provided under Paragraph B.6.: this policy, and such coverage does not extend Subject to the following, the "diminution in to Hired Autos, then Physical Damage coverage value" exclusion does not apply to: is extended to: a. Any covered "auto" you lease, hire, rent a. Any covered "auto" of the private or borrow without a driver; and passenger type you lease, hire, rent or borrow, without a driver for a period of b. Any covered "auto" hired or rented by 30 days or less, while performing duties your "employee" without a driver, under related to the conduct of your business; a contract in that individual and "employee's" name, with your b. Any covered "auto" of the private permission, while performing duties passenger type hired or rented by your related to the conduct of your business. "employee" without a driver for a period c. The most we will pay for any one of 30 days or less, under a contract in "accident" or "loss" is the actual cash that individual "employee's" name, with value, cost of repair, cost of your permission, while performing replacement or $75,000, whichever is duties related to the conduct of your less, minus a $500 deductible for each business. covered auto. No deductible applies to "loss" caused by fire or lightning. c. Such coverage as is provided by this provision is limited to a diminution in d. The physical damage coverage as is value" loss arising directly out of provided by this provision is equal to accidental damage and not as a result the physical damage coverage(s) of the failure to make repairs; faulty or provided on your owned "autos." incomplete maintenance or repairs; or the installation of substandard parts. e. Such physical damage coverage for d. The most we will pay for "loss" to a hired "autos" will: covered "auto" in any one accident is the lesser of: (1) Include loss of use, provided it is the consequence of an "accident" (1) $5,000; or for which the Named Insured is (2) 20% of the "auto's" actual cash legally liable, and as a result of value (ACV). which a monetary loss is sustained by the leasing or rental concern. III. Drive Other Car Coverage— Executive Officers (2) Such coverage as is provided by The following is added to Sections II and III: this provision will be subject to a 1. Any "auto" you don't own, hire or borrow is a limit of$750 per"accident." covered "auto" for Liability Coverage while E. Airbag Coverage being used by, and for Physical Damage The following is added to Section III, Coverage while in the care, custody or control Paragraph B.3.: of, any of your executive officers, except: The accidental discharge of an airbag shall not a. An "auto" owned by that "executive officer" be considered mechanical breakdown. or a member of that person's household; or F. Electronic Equipment b. An "auto" used by that "executive officer" while working in a business of selling, Section III, Paragraphs B.4.c and B.4.d. are servicing, repairing or parking "autos." deleted and replaced by the following: CNA63359XX Copyright,CNA corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Policy: 7034395486 CNA63359XX CNA (Ed. 04/12) Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or (1) Equal to the greatest of those damage, against any person or organization for coverages afforded any covered "auto"; whom or which you are required by written and contract or agreement to obtain this waiver from us. (2) Excess over any other collectible This injury or damage must arise out of your insurance. activities under a contract with that person or 2. For purposes of this provision, "executive organization. officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, "accident" or"loss." constitution, by-laws or any other similar governing document, and, while a resident of C. Concealment, Misrepresentation or Fraud the same household, includes that person's The following is added to Section IV, spouse. Paragraph B.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision. prejudice you with respect to the coverage afforded IV. BUSINESS AUTO CONDITIONS provided such failure or omission is not intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following is added to Section IV, The following is added to Section IV, Paragraph B.5.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 5.d. above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident"or"Loss." partners or your insurance manager. E. Policy Period, Coverage Territory The following is added to Section IV, Section IV, Paragraph B. 7.(5).(a). is revised Paragraph A.2.b.: to provide: (6) Your "employees" may know of a. 45 days of coverage in lieu of 30 days. documents received concerning a claim or "suit." This will not mean that you V. DEFINITIONS have such knowledge, unless receipt of such documents is known to you or if Section V. Paragraph C. is deleted and replaced you are not an individual, to any of your by the following: executive officers or partners or your "Bodily injury" means bodily injury, sickness or insurance manager. disease sustained by a person, including mental B. Transfer Of Rights Of Recovery Against anguish, mental injury or death resulting from any of Others To Us these. The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA Waiver Of Subrogation (Workers Compensation Policy) BLANKET WAIVER OF OUR • RECOVER FROMOTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One-Workers'Compensation Insurance G.Recovery From Others and Part Two-Employers'Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE- Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure.The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement,which forms a part of and is for attachment to the policy issued by the designated Insurers,takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date(the Endorsement Effective Date) is shown below,and expires concurrently with said policy unless another expiration date is shown below. Form No:G-19160-B(11-1997) Policy No:7034395505/7034395522 Endorsement Effective Date:9/1/25 Endorsement Expiration Date:9/1/25 Policy Effective Date:9/1/25 Endorsement No: 1 ©Copyright CNA All Rights Reserved. CMA NOTICE OF CANCELLATION • CERTIFICATE HOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium,then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed,then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. Form No: CC68021A(02-2013) 1 Policy No:7034395505/ 7034395522 Policy Effective Date:9/1/25 Policy Page: 1 of 1 ©CNA All Rights Reserved.