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HomeMy WebLinkAboutT. R. HOLLIMAN & ASSOCIATES, INC.INSURANCE ON FILE A-2025-004 WORK MAY PROCEED UNTIL INSURANCE EXPIRES II 117I 2025 CITYCLEIAAR 0 7 2025 DATE: c. vW rk c l� AGREEMENT WITH T.R. HOLLIMAN & ASSOCIATES TO PROVIDE ON -CALL ('A,'d' Ck.,),V° -ENGINEERING TECHNICAL SUPPORT SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 21" day of January, 2025 by and between T.R. Holliman & Associates, Inc., a California corporation (`Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (`City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge to provide technical support for multiple water and sewer related projects on an on -call basis and implement a template for the completion of the City's Cross Connection Control Program Handbook (CCCPH). B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement, including any extension period, shall not exceed $50,000, and is comprised of the base amount of $49,500 and a contingency amount of $500 for any additional services, to be exercised at the City's sole discretion. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for a one (1) year term, unless terminated earlier in accordance with Section 17, below. 4. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent consultant 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. G. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. 2 MINIMUM SCOPE AND LIMIT OF INSURANCE Commercial General Liability (CGL): Insurance Services Office Form CG 00 0[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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code I (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. Workers' Compensation (W/C): 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Where the policy limits are greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference in to the Agreement. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, PL, and AL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant and its Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the CGL, AL, PL, and W/C policies, arising from work performed by Consultant under this Agreement. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non - renewal due to non-payment of premium. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, M-21, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section l of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages,just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential 5 information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: T.R. Holliman & Associates 3543 Citrus Street Ilighland, CA 92346 Attn: Thomas R. Holliman A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: / `4tL / Kyle Mllesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Saba Nabil S a a Date: 2025. .Dfi 1 i:49:17 -08'00' Nabil Saba Executive Director Public Works Agency CITY OF S TA ANA: Cliva Lin Alvaro Nunez J City Manager CONSULTANT: Thomas R. Holliman President/Managing Engineer EXHIBIT A SCOPE OF SERVICES/COMPENSATION 10 T.R. HOLLIMAN & ASSOCIATES October 27, 2024 Ms. Heidi Chou City of Santa Ana Public Works Agency 220 S. Daily Avenue, M-85 Santa Ana, CA 92703 SUBJECT: Proposal for On -call Engineering Technical Support Dear Ms. Chou, T.R. Holliman and Associates, Inc. (TRHA) is pleased to provide our proposal to provide technical support to the City of Santa Ana for multiple projects, on an on -call basis. The City of Santa Ana is currently working with multiple agencies to implement a template for the completion of the City's Cross Connection Control Program Handbook (CCCPH), which is due July 1, 2025, and has indicated the City would like to have TRHA assist in that effort. In addition, TRHA has provided onsite supervisor training, as well as developing technical reports for different options for the City to implement alternative water supplies. It is our understanding that the City would like to retain the services of TRHA to help support its ongoing and planned water resources projects. Understanding TRHA team's previous work with the City of Santa Ana includes preparing the City's Recycled Water Master Plan, assisting with identifying potential recycled water conversions, mapping all existing recycled water sites in the City, and providing onsite supervisor training. TRHA has most recently developed technical memorandum addressing the feasibility of constructing a shallow groundwater extraction project and a satellite recycled water production plant. TRHA has worked closely with City staff over the last 5 years, and it is our understanding that the City is seeking an on -call contract to allow TRHA to continue to provide support. Proposed Staff Members We are proposing the services of Mr. Tom Holliman, PE, QSD/QSP, Env SP to service as Senior Project Manager for the on -call assignments. He previously served as Director of Engineering/Planning for the Long Beach Water Department, District Engineer/Assistant General Manager for the Water Replenishment District of Southern California, and recently Engineering and Operations Manager for the East Valley Water District. Mr. Holliman has also held senior technical and management positions in private consulting firms. He is accomplished in all facets of agency administrative functions from development of agency budgets, developing RFP's for major capital projects, and working closely with elected and appointed agency Board of Directors. Mr. Holliman is an AWWA Cross -Connection Control Program Specialist, Certification No. 02726, USC Cross Connection Control Program Specialist. Mr. Holliman has also been an Adjunct Instructor for San Bernardino Valley College, where he taught Cross Connection Control. His professional registrations include: Professional Civil Engineer, California; AWWA Cross Connection Control Program Specialist; USC Cross Connection Control Program Specialist; Qualified SWPPP Developer (QSD) and Practitioner (QSP); and an Envision SP. 3543 Citrus Street, Highland, CA 92346 1 T 909.573.6802 1 www,trholliman.com T.R. HOLLIMAN & ASSOCIATES Joining Mr. Holliman will be Mr. John Robinson, John Robinson Consulting, as Principal Planner. Mr. Robinson's over 30 years of environmental engineering experience has focused exclusively on water reclamation, wastewater engineering, and wastewater master plan projects for municipalities in California and Arizona. He has been the Principal -in -Charge or Project Manager for infrastructure projects that include feasibility/master studies and planning, preliminary and final designs, bidding, construction management, and commissioning. His project experience includes 15 new water reclamation and wastewater facilities, 4 groundwater treatment projects, 300 miles of sewer, potable water, and recycled water pipeline designs, 15 pump stations, 12 groundwater wells and 10 reservoirs and 45 master plans for water, sewer, and recycled water. During his career he has completed over 550 recycled water customer conversions (i.e., water through the meter) as well as completed an additional 2,000 recycled water customer conversion assessments. He specializes in assisting clients with identifying and assessing customers, evaluating potential non - potable reuse system components as well as managing the customer development for all customer conversions; developing recycled water conversion plans, working with customers, and developing conversion construction costs. Mr. Robinson has developed and conducted training seminars for both client staff as well as end use customers. He is particularly adept at working closely with SWRCB DDW and OCHCA for coordination of site issues and approvals and understands how to make the regulatory approval process go smoothly. Mr. Holliman and Mr. Robinson recently completed a Draft Cross -Connection Control Plan for Jurupa Community Services District (JCSD) that incorporated all the requirements of the Handbook. The document was submitted to SWRCB DDW — San Diego Office and a meeting to discuss comments was completed in early March 2024. Based on that work, Mr. Holliman and Mr. Robinson will be completing the Draft Template CCCP as it provides a framework that can be provided to the Irvine Ranch Water District and twenty other Orange County public water suppliers, including the City of Santa Ana. Proposed Scope of Services Based on conversations with City staff we expect that the on -call assignments under this contract would include, but not be limited to; • Preparing the City of Santa Ana's Cross Connection Control Program Handbook, due by July 1, 2025 • Providing onsite supervisor training for existing recycled water sites • Assistance with water -related grants, as needed • Providing support in developing options for existing GAP sites if GAP is no longer available to the City of Santa Ana with recycled water • Reviewing other water supply options • Technical support as needed for all other water and sewer related programs in the City Proposed Staff Positions and Hourly Rates Based on our understanding of the types of on -call assignments that the City will request TRHA support, we anticipate the following staff positions will be needed. Hourly rates are shown with each classification. 3543 Citrus Street, Highland, CA 92346 1 T 909.573.6802 I www.trholliman.com r T.R. HOLLIMAN " & ASSOCIATES Positions/Hourly rates: Thomas Holliman —Senior Project Manager ($210/hour) John Robinson — Principal Planner ($180/hour) SR. GIS/CAD Technician ($135/hour) Sr Admin/Grant Admin ($110/hour) ODC's per task order to be determined. Task Orders It is our understanding that for each task order the City will request a scope, budget, and schedule. Once the task order is approved, TRHA will begin work on the task order. Each task order will be tracked exclusive of other task orders under the on -call contract. The total requested budget for this work is $49, 500. We look forward to continuing to work with City staff and providing technical support for the City's technical programs. If there is any other information you require, please let us know. If you have any questions, please contact me directly at (909) 573-6802, or by email at tomh@trholliman.com. Sincerely, //Z,00 �z -- Thomas R. Holliman, PE President/Managing Engineer 3543 Citrus Street, Highland, CA 92346 1 T 909.573.6802 I www.trholliman.com A`� a CERTIFICATE OF LIABILITY INSURANCE DATE(MNUDDNY 2D24m 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 endamement(s). PRODUCER CONTACT Matthew Evans NAME: Kellogg & Moreland Agency, Inc. DBA pHONN (909) 792-8950 (909) 792-2030 E , No : Arroyo Insurance Services E-MAIL matte@arroyoins.com AOORESS: 1654 Plum Lane INSURER(S) AFFORDING COVERAGE NAIC k INSURERA: Mesa Underwriters Specialty 36838 Redlands CA 92374-4532 INSURED INSURER B : TR Hcll lman & Associates Inc INSURER C : 3543 Citrus Avenue INSURER p NSURER E: Highland CA 92346 INSURER F: COVERAGES CERTIFICATE NUMBER: 24/25 GL 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. LTR TYPE OF INSURANCE S WVD POLICYNUMBER MMIDONWY MPOLICY NYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000 MED EXPAny one emon $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 A Y Y MP000401810096300 11/17/2024 11/17/2025 GEN'L AGGREGATE U MR APPLIES PER: POLICY ❑ JECT PRO- ❑ LOC GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ Included $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 1,000,000 BODILY I NJURY(Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS MP000401810096300 BODILY INJURY (Par accitlent) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Peraccident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE g AGGREGATE $ EXCESS LIAB CLAIMS -MADE OED RETENTION $ $ WORKERS COMPENSATION I PER 0TH. AND EMPLOYERS' LIABILITY YIN STATUTE E E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNEMEXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Santa Ana, Its Officers, Employees, Agents, and Representatives are Additional Insureds with respect to General Liability as per written contract, insurance is primary and non-contributory per attached endorsement #MUS010120127. 30 days cancellation notice applies. Tu Train bDy''w`y e" APPROVED Nsu"� Nguyen 0P. A'AU1' By Tu Tran Nguyen at 10:10 afn, Feb 27, 2025 City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2015ACORD CORPORATION All rirnhtc rucc H ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MP000401810096300 MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED Al - PRIMARY NON-CONTRIBUTORY - WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Blanket Additional Insureds - As Required By Contract A. Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily Injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" caused, In whole or in part, by: 1. Your ongoing operations, "your product", or premises owned or used by you; With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies., "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong -doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence' which caused the "bodily injury" or "property damage", or, to the extent applicable under the Coverage Part to which this endorsement applies, the offense which caused the "personal and advertising injury", Involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. 2. Your maintenance, operation or use of equipment, other than aircraft, "auto" or watercraft, rented or leased to you by such person or organization. A person or organization's status as an additional insured under this endorsement ends when their contract, or agreement with you for such rented or leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the rental agreement or equipment lease expires. The provisions of this coverage extension do not apply unless the written contract or written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury". MUS 01 0120127 0316 Insured Copy Page 1 of 2 Primary and Non -Contributory Provision The following is added to Paragraph 4.Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance shall be excess with respect to any person or organization included as an additional insured under this policy, any other insurance that person or organization has shall be primary with respect to this insurance, unless: 1) The additional insured is a Named Insured under such other insurance; 2) You have agreed in a written contract, written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis; 3) The written contract or written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury'; and 4) With respect to indemnity, you have been adjudicated liable in full for the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury". Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 0. Transfer of Rights Of Recovery Against Others To Us under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for "bodily injury" or "property damage' arising out of your ongoing operations or "your work' done under a written contract or written agreement and included, in the "products -completed operations hazard", if: You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement; 2. Such person or organization is an additional insured on your policy; or 3. You have assumed the liability of that person or organization in that same contract, and it is an "insured contracr. The section above only applies to that person or organization identified above, and only if the "bodily injury' or "property damage" occurs subsequent to the execution of the written contract or written agreement. All other terms and conditions of this policy remain unchanged. MUS 01 01 20127 0316 Page 2 of 2 ,4o® CERTIFICATE OF LIABILITY INSURANCE D02l1(MMIDDr YY) 166�THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPUN 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($). PRODUCER Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA 5 Concourse Parkway Suite 2150 CONTACT NAME:PHONE c No Ex (888) 202-3007 FAX, No E ADDRESS: oontact@hiscox.CAm INSURERS AFFORDING COVERAGE NAICN Atlanta GA, 30328 INSURER A: Hiscox Insurance Company Inc. 10200 INSURED INSURER B T.R. Holliman and Associates, Inc. 3543 Citrus Street INSURER C INSURER D Highland, CA 92346 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NIIMRFR- 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. INTSRR TYPE OF INSURANCE ADDL INSD SUBR POLICY NUMBER POLICY EFF MM/OOIYYYY POLICY E%P MMIDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO REN PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL a ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY JEC LOC GENERALAGGREGATE $ _ _ PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANYAUTO ALL OWNED F7 SCHEDULED AUTOS AUros BODILY INJURY (Per accent Paccident) ) $ HIREDAUTOS AON-OWNED UTOS$ PPReOPPe RdTn DAMAGE $ UMBRELLA LIAR OCCUR EACHOCCURRENCE $ AGGREGATE $ E%CESS LIAB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERV LIABILITY YIN STATUTE ER EL EACH ACCIDENT $ ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMB J $ DESCRIPTION OF OPERATIONS below A Professional Liability Y Y P100.107.967.11 02/18/2025 02/18/2026 Each Claim: $ 2,000,000 Aggregate: $ 2.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Santa Ana, its Officers, Employees, Agents, Volunteer and Representatives are Additional Insureds per endorsement MUS010120127, and 8610. APPROVED By Tu Tran Nguyen at 10:11 am, Feb 27, 2025 CERTIFICATE HOLDER CANCELLATION City of Santa Ana 215 S. Center Street, M-85 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Santa Ana, CA 92701 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD if T.R. HOLLIMAN %AW., & ASSOCIATES December 16, 2024 City of Santa Ana Risk Management Division, 4th Floor 20 Civic Center Plaza Santa Ana, CA 92702 Subject: Workman's Compensation Insurance Exemption — Written Verification of No Employees Attn: City of Santa Ana Contracts Administrator T.R. Holliman and Associates, Inc. (TRHA) requests a waiver for the requirement to provide Workman's Compensation Insurance because TRHA has no employees. T.R. Holliman and Associates, Inc. is a California S-Corporation with all stock privately held. Should there be any questions, please feel free to contact me at (909) 573-6802 or attomh@trholliman.com Sincerely, 0AL, T.R. Holliman and Associates, Inc. Thomas R. Holliman, PE President/Managing Engineer CC: Roanne Holliman, TRHA 3543 Citrus Street, Highland, CA 92346 tomh@trholliman.com (909) 573-6802 Hiscox Insurance Company Inc. Endorsement 11 NAMED INSURED: T.R. Holliman and Associates, Inc. Waiver of Subrogation r1/P HISCOX encourage courage Page 1 of 1 In consideration of the premium charged, it is understood and agreed that the Policy is amended as follows: In Clause V. OTHER MATTERS AFFECTING COVERAGE, paragraph F. SUBROGATION is deleted in its entirety and replaced with the following: Subrogation. 1. In the event of any payment by Us under this Policy, We shall be subrogated to all of Your rights of recovery to such payment. 2. You shall do everything that may be necessary to secure and preserve such subrogation rights, including but not limited to the execution of any documents necessary to allow Us to bring suit in Your name. 3. You shall do nothing to prejudice such subrogation rights without first obtaining Our written consent. 4. Any recovery shall first be paid to Us up to the amount of any Damages or Claim Expenses that We have paid. Any remaining amount shall be paid to You. 5. Notwithstanding the above, no subrogation shall be had against any Insured. Notwithstanding the foregoing; to the extent You have waived Your rights of recovery, We also agree to waive Our subrogation rights in connection therewith, provided that Your waiver of Your rights is in writing and predates the first such Wrongful Act giving rise the Claim resulting in payment of Damages or Claim Expenses by Us. All other terms and conditions remain unchanged. Endorsement effective: February 18, 2025 Endorsement No: 11 -�-ad-fz By: Mary Boyd (Appointed Representative) Policy No.: P100.107.967.11 DPL E5042 CW (01/10) 40 HISCOX Policy Number: P100.10T967.11 Named Insured: T.R. Holliman and Associates. Inc. Endorsement Number: 31 Endorsement Effective: 02/20/2025 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(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 your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR AUTOMOBILE LIABILITY INSURANCE I Thomas R. Holliman ('Representative"), attest that I am an authorized (Name and Title of Vendor Representative) representative of T.R. Holliman and Associates, Inc. (Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number ("Agreement") to provideengineering planning (Services to be provided under agreementicontract) ("Services"): During the course and scope of Company's agreement with the City of Santa Ana, Company employees, consultants, representatives, and agents will not use and/or drive any Company owned/rented/leased/borrowed vehicles to perform Services to, for, or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum automobile liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. Thomas R. Thomas R. Holliman, P.E. Datlea1ly 20signed25.02.13y16:54:01 0800'liman, P.E. 2/13/2025 Signature Date Thomas R. Holliman, PE Print Name President/Managing Engineer ritle tomh@trholliman.com Contact Information, i_e., Telephone Number and/or Email Affidavit of Exemption for Automobile Liability Insurance 11.12.2024