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HomeMy WebLinkAboutAESCO INC. -2011A- 2011 -057 -S AGREE"W'jFNT THIS AGREEMENT, made and entered into this T" day of March, 2011 by and between et-( ]I-)(- AESCO, Inc. a. California corporation (herei,,- Al� :r "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 4 California (hereinafter "City "). RECI'T'ALS A. The City desires to retain a Consultant having special skill and knowledge in the field of material testing and construction inspection services to assist in the construction of City's capital improvement projects. B. The City prepared and distributed a Request for Proposals (RFP) to solicit proposals from qualified consulting firms for the required professional services. C. In response to the RFP, Consultant submitted its proposal, dated January 4, 2011, to provide said services. D. Consultant represents that Consultant is able and willing to provide the required material testing and construction inspection services to the City. E. 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 Consultant shall provide material testing and construction inspection services on an as needed basis on the request ofthe City, as set forth in Exhibits A., attached hereto, and as more particularly described in Consultant's Proposal, attached hereto as Exhibit B. All exhibits attached to this Agreement are incorporated by reference. REPRESENTATIVES For purposes of implementing this Agreement, the representative of the City shall be the Executive Director of the Public Works Agency or his designated representative (the "Director ") and the representative of the Consultant shall be Adam Chamaa. Except as may be otherwise stated herein, the representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided, including all records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between th,� Project Manager and Consultant. 4. COMPENSATION a. City agrees to pay, and Consul ?ant z nc^s to as total payment for its Services, the charges identified in Exhibit C. The total surn to be expended under this Agreement shall not exceed Four Hundred Seventy -Eight Thousand Dollars ($478,000.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days, subject to City accounting procedures, following receipt of proper invoice evidencing work performed, with copies of field tickets signed by the City's representative attached. 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. 5. TERM This Agreement shall commence on the date first written above and terminate upon expenditure of all allocated funds, unless terminated sooner pursuant to Section 14, below. 6. 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any empioyees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. -2- e. "The following requirements ` pp!y to the insurance, t:o'k c provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above, in full force and effect for the entire term of this Agreement. (ii) Certificates of insurance shall be provided to the City upon execution of this Agreement and shall be approved as to form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability 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 direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf pursuant to this Agreement. Consultant agrees to indemnify, hold harmless and pay all costs for the defense of the City and its officers, agents, employees, Consultants, special counsel, and representatives regarding any action for damages, just compensation, restitution, judicial or equitable relief caused or alleged to have been caused by reason of Consultant's actions in connection with this Agreement, any claims arising out of this Agreement, or any approval or certification by the City relating to the services provided pursuant to 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. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY If either party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party 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, without limitation, financial, marketing, research and development, organizational, technical, merger or acquisition, and other information related to the other party, information related to released or unreleased software or hardware products, the marketing or promotion of either party's product, a party's business policies or practices, and information received from third parties that a party is obligated to treat as confidential. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly -3- available sources; (b) is, through no fault of the party receiving the information hereafter disclosed in a publicly available source; (c) is in rightful possession of the party receiving the information without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the receiving party without reference to information disclosed by the other party hereunder. 10. 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. 11. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Copies to: Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) Santa Ana, California 92702 telefacsimile (714) 647 -5069 To Consultant: AESCO 17782 Georgetown Lane Huntington Beach, California 92647 Attn: Adam Chamaa 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 telefacsimile, 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. 12. 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 nor 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. -4- 13. 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. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: (a) As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. (b) Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. 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. 17. 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. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow 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. -5- b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// was IN WITNESS WHEREOF, the parties hereto have, executcd this At__rcement the date and year first above written. ATTEST: MARIA D, HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney 4,,f1 By: La a Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: A r S y� RAUL GODINEZ, II Executive Director of Public Works Agency CITY OF SANTA ANA DAVID N. REAM City Manager Engineering Manager DEBRA PEREZ Project Manager _ Tax ID # 7.Z - 17-S _ 3 `j j !A-AT11, I1 i�1 `_ REQUEST FOR PROPOSAL TESTING AND INSPECTION SERVICES FOR CITY OF SANTA ANA CAPITAL IMPROVEMENT PROJECTS CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA, M -22 ROSS ANNEX SANTA ANA, CALIFORNIA 92702 DAVID Y. C. IP PRINCIPAL CIVIL ENGINEER DECEMBER 2010 -8- TABI...F OF CONTENTS DESCRIPTION PAGE I. General Project Description 3 Il. Proposed Scope of Services 3 Ill. Special Requirement 4 Certificate of Personnel 4 Acceptance Testing and Sampling 5 Reporting Test Results 5 Independent Assurance Sampling and Testing 5 IV. City's Responsibilities 5 V. Issuing Office 6 VI. Schedule 6 VII. Proposal Rejection 6 VIII. Addenda 6 IX. Proposal Content and Signature 6 X. Acceptance of Content 6 XI. Disclosure 7 XII. Rules for Proposal 7 XIII. Selection Procedure 8 XIV. Method of Payment 8 XV. Regulations 8 XVI. City's Affirmative Action Program 8 XVII. Certification of Non - Discrimination by Consultant 8 APPENDIX A - Certification of Non - Discrimination 10 APPENDIX B — City's Standard Consulting Agreement 11 APPENDIX C — Fee Schedule 20 I� I. GENERAL PROJECT DESCRIPTION Under the City of Santa's Capital Improvement Program, a number of construction projects will take place in the next few years. These projects include street pavement, traffic signals, underground utilities, building, bridge and park facility improvements. The total value of construction is estimated to exceed $100 million. In order to maintain high quality of construction, the City intends to retain a testing and inspection firm to provide quality assurance services for those projects. The selected firm is expected to provide testings and inspections for construction involving grading, soils, base material, reinforced concrete and masonry, asphalt concrete, structural steel, painting and to provide other quality assurance services when required. A list of some of the contemplated services is included as Appendix C in this Request for Proposal (RFP). The quantities listed in this fee schedule are for the purpose of cost comparison only. The City reserves the right to request the selected testing firm to perform part, all, or none of the listed work. The selected firm shall be paid only for the work requested by the City. The purpose of this RFP is to solicit proposals from quality control consulting firms for the required services. The selected consultant is expected to enter into an agreement with the City to provide services on an as- needed basis. The proposal shall be limited to 15 pages, excluding materials in the appendices. The proposing firm shall submit a cover letter to guarantee that key personnel will be committed to the project as represented in the proposal. 11. PROPOSED SCOPE OF SERVICES The required services shall include, but not be limited to, the following: Provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ( "Green Book ") and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. 2. Provide inspections for installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents. Submit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the City's Planning and Building Agency prior to start inspection. 3. Perform tests on various construction materials as required by the City. 4. Inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and fall protection. 5. Recommend testing method on defective work and advise the City of acceptance standards. 10 6. Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. 7. Provide other quality control services as requested by the City. 8. Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Book" and "CBC" requirements and to other concerned parties within a week after the work is performed. 9. Submit a final report to the City within five working days upon completion of each project. Ill. SPECIAL REQUIREMENTS Since some of the city projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' construction manual and the following: Certificate of Personnel ♦ The personnel who will conduct the sampling and testing must be certified. They can be certified by Caltrans' District Materials Engineer, by the National Institute Certification of Engineering Technologies, or by other authority acceptable by the Construction Engineer of the City to be proficient in accepting sampling and testing. A copy of each person's certificate must be on file in the office of the Construction Engineer. The certificate shall list the type of work which the individual is authorized to perform. The testing laboratory must be under the supervision of a registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel under his /her supervision. ♦ The selected firm must maintain the laboratory testing equipment in accordance with recognized national standards. ♦ The selected firm must have an independent assurance testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organization. ♦ Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of the following testing programs: a. AASHTO Materials Reference Laboratory (ARML) b. Cement and Concrete Reference Laboratory (CCRL) 11 c. Caltrans' Reference Samples Program (RSP) Acceptance Testing and Sampling ♦ The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the work is completed. Reporting Test Results ♦ When aggregate sample is taken in the material source, the testing firm shall submit to the Resident Engineer results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soils and aggregate samples are taken at the job site, results of these tests should be submitted within 72 hours. ♦ Results of compaction and density tests taken at the job site should be submitted within 24 hours. ♦ When samples of soils and asphalt concrete are taken at the job site, R -value and result of asphalt extraction test should be submitted within 96 hours. Independent Assurance Sampling and Testing The selected firm shall establish and maintain an Independent Sampling and Testing (ISAT) program: ♦ To verify that the project's sampling and testing is performed correctly by the testers and samplers. ♦ To ensure the equipment is properly calibrated. ♦ To provide the City with a copy of the program to ensure that the program is carried out. ♦ To provide the Resident Engineer with a report indicating actions to be taken by the selected testing firm when discrepancies are found between ISAT and acceptance tests (AT). IV. CITY'S RESPONSIBILITIES 1. Furnish construction plans and specifications to the consultant. 2. Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. 12 EXHIBIT B CONSULTANT'S PROPOSAL 13 AESCO 177 Georgetown Lane Huntington Beach, California 92647 Ed � HI"BIT TfB" Tele: (714) 375 -3830 Fax: (714) 375 -3831 Request for Proposal Testing and Inspection Services For the City of Santa Ana Capital Improvement Projects AESCO Proposal No. P2732 City of Santa Ana Public Works Agency 20 civic Center Plaza Ross Street Annex, 4th Floor Santa Ana, CA 92702 Attention: Mr. Raul Godinez II, Executive Director AESCO 17782 Georgetown Lane Huntington Beach, California 92647 Tele: (714) 375 -3830 Fax: (714) 375 -3831 January.4, 2011 Construction Material Testing/Inspection s Environmental a Geotechnical Engineering Services � t, January 4, 2011 City of Santa Ana Public Works Agency 20 Civic Center Plaza Ross Street Annex, 0 Floor Santa Ana, CA 92702 Attention: Mi. Raul Godinez II, Executive Director Subject: Request for Proposal Testing and Inspection Services For the City of Santa Ana Capital Improvement Projects AESCO Proposal No. P2732 Dear Mr. Godinez II: 17782 Georgetown Lane Huntington Beach, California 92647 'role: (714) 375 -3830 Fax: (714) 375 -3831 AESCO is pleased to submit this proposal to perform as- needed geotechnical professional and technical services for the above - referenced project. AESCO is a woman -owned corporation (incorporated in California) and has been in operation since 1993. The person who will be authorized to represent AESCO is Mr. Adam Chamaa, at 17782 Georgetown Lane, Huntington Beach, CA 92647; his telephone number is 714- 375 -3830. AESCO CORPORATION PROFILE • AESCO is a woman -owned corporation (incorporated in California) and has been in operation since 1993. • AESCO is SBE, DBEIUDBE, WBE, and CBE certified. • DSA, Caltrans and City of Los Angeles certified. • Materials testing and inspection services including asphalt. • Clients include OCTA, Caltrans, MTA, the City of Los Angeles Department of Water and Power, the Cities of Riverside, Huntington Beach, Lynwood, Lakewood, and Buena Park; the Long Beach Community College District, the Covina School District, and the Alhambra School District, PROJECT DESCRIPTION A number of Capital Improvement Projects will be implemented by the City of Santa Ana in the next few years with a total construction value to exceed $100 million. Construction Material Testing/Inspection ♦ Environmental o Geotechnical Engineering Services AESCO Proposal No, 2732 SCOPE OF WORK The scope of work shall include, but not be limited to, the following: provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement in accordance with the Standard Specifications for Public Works Construction and Caltrans Standard Specifications, perform inspections for installation of precast and cast in -place concrete, welding, high strength bolts, structural steel masonry, painting and other materials in accordance with the CBC and contract documents, perform tests on various materials as required, recommend testing on deficiencies and advise the City of acceptance standards, provide other quality control services as requested, provide source inspection for concrete and asphalt concrete at mixing plans and inspection for other source materials as required by project specifications. All deputy inspectors performing work in confined spaces or elevated levels shall be trained for confined space and fall protection. Submit daily field reports to the City. Submit reports to the City's Public Works Agency, the Planning and Building Agency or others, in accordance with "Green Book" and CBC requirements within a week after performing work. Submit a final report within five working days upon completion of project. QUALIFICATIONS A brief summary of the background and qualifications of AESCO are presented in Section 1. AESCO has extensive experience in performing construction materials testing and inspection on an on -call basis for various cities and municipalities and we currently hold the on -call contract for this same type of work for the Orange County Transportation Authority (OCTA). RELATED PROJECTS A listing of related project experience is included in Section 2. PROPOSED STAFF We have attached a summary of key staff members proposed for this project as well as a project organization chart here as Section 3, to provide you with an overview of their professional credentials and experience. Resumes are provided in Appendix A. AESCO's geotechnical personnel will be working under Mr. Adam Chamaa, P.E., G.E., the responsible person in charge. All laboratory and field test results and reports will be certified by Mr. Chamaa. WORK PLAN A work plan for construction testing and inspection services is included in Section 4. STANDARD SERVICES A description of our Quality Control Program is included in Section 5. REFERENCES References are provided in Appendix B. CERTIFICATION OF NON - DISCRIMINATION Appendix A, Certification of Non- Discrimination is included in Appendix C. Construction Material Testing/Inspection 4 Environmental a Geotechnical Engineering Services AESCO No. 2732 ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL AESCO has no exceptions to the provisions and conditions of the Sample Consulting Agreement included within the RFP. CERTIFICATES OF PERSONNEL Inspectors and laboratory certificates by Caltrans and/or other authorities will be provided to the office of the Construction Engineer upon award of the project. Our laboratory equipment is calibrated yearly by a certified calibration firm in accordance with recognized national standards. INDEPENDENT ASSURANCE AESCO is a current member of the Independent Assurance Program with Caltrans, CCRL, and AMRL. HOURLY RATE SCHEDULE Appendix C, Fee Schedule, is included in a separate envelope. If you need further assistance regarding this matter, please Ms. Debra Perez. We look forward to hearing from you. i Very truly yours, AESCO Debra Perez Project Manager feel free to call either myself or Adam Chamaa, M.S.C.E., P.E., G.E. Engineering Manager Construction Material Testing/Inspection ♦ Environmental ♦ Geotechnical Engineering Services AESCO, Inc. Statement of Qualifications Statement of Qualifications Table of Contents P2732 Section 1 Credentials and Qualifications ..................... ..............................1 Section 2 Related Projects ...................................... ..............................6 Section 3 Staffing and Key Personnel ...................... .............................13 PersonnelSummary ............................... .............................16 OrganizationChart ................................. .............................14 Section 4 Work Plan for Testing and Inspection ........... .............................20 SectionS Standard Services ....................................................... .............................21 Appendices Appendix A Appendix B Resumes............................................ .............................22 Client References ................................ ............................... 40 Appendix C Certification of Non - Disclosure ............................... .............................42 Civil Engineering/ Inspection ♦ Geotechnical Engineering Services www.AescoTechnologic,s.com AESCO, Inc. P2732 Statement of Qualifications Section 1 Credentials and Qualifications It is anticipated that the following services and tests may include, but not be limited the following: • soil inspection • concrete inspection • masonry inspection • reinforcing steel inspection • asphalt concrete inspection • 6" concrete cylinder • 2x4 mortar sample • 3x3x6 grout sample • masonry prisms • ultrasonic testing of steel connectors • post tension reinforcing inspection • post tension concrete inspection • structural steel inspection • connection bolt torque testing • precast concrete • deputy inspection • mechanical inspection • plumbing inspection • electrical inspection AESCO has been retained as the civil, testing/inspection and geotechnical engineering firm for local governmental and municipal agencies, school districts, commercial developers, and private homeowners. Clients have included the City of Los Angeles Department of Water and Power, the City of Costa Mesa, the City of Inglewood, the City of Long Beach Water Department, the City of Diamond Bar, the City of Lakewood, the City of Huntington Beach, the City of Lynwood, the City of Riverside, the City of Buena Park, Metropolitan Transit Authority (MTA), Orange County Transportation Authority, New Century BMW dealership, Gold's Gym, Cingular Wireless, Sprint PCS, T- Mobile, Nextel, AT &T and Verizon Wireless, Honda/Acura dealership, Alhambra School District, Long Beach Community College District, Mountain View School District, and Covina Unified School District. Detailed descriptions of some of these projects are included in Section 2. AESCO has a strong financial base, and has never experienced any bankruptcy, pending litigation, office closure, nor has any impending merger in the near future. AESCO is able to complete projects within the established schedule, and does not add on additional work without prior authorization. Budget /Schedule Performance AESCO has been successful in consistently completing its projects within the assigned budget and schedule. We thoroughly evaluate our task and scope of work, and build an efficient budget Civil Engineering/ Inspection ♦ Geotechnical Engineering Services www.AescoTechnologies.com AESCO, Inc. P2732 Statement of Qualifications for our work. Therefore, we seldom exceed the budget or schedule. AESCO has a practice of obtaining advance approval from clients prior to initiating any work which will add costs to the originally approved budget. Construction Materials Testing and Inspection Services AESCO operates a construction materials engineering (CME) laboratory in Huntington Beach, California, and is capable of performing in -house or on -site testing and inspection services. Our laboratory produces thousands of reports annually involving concrete, aggregates, soils in- place, and bituminous materials. AESCO also regularly tests and inspects brick, granite, stone masonry, mortar, reinforcing steel, and manufactured elements such as pre - stressed beams and pre -cast panels. Engineering consultation and inspection services are available for each phase of construction including: • Aggregate Evaluation • Concrete Mixtures - Design, Inspection, and Testing • Bituminous Materials Testing • Refractory Testing • Roof Inspection and Testing • Soils Compaction and Stabilization Tests and Inspection • Structural Steel Fabrication and Erection Inspection • Qualification of Welders and Procedures • Welding Inspection • Rebar Inspection Geotechnical Engineering Capabilities Information from geotechnical investigations are used to develop preliminary evaluations. Our experienced field engineers and drillers assess the subsurface conditions as they are encountered to achieve an accurate representation of the soil and bedrock materials beneath a site. AESCO can deliver geotechnical services, from routine classifications, to triaxial shear and consolidation tests. Our laboratory testing services include testing of soils, concrete, masonry, fireproofing, asphalt, roofing, and aggregates. Laboratory testing is performed using ASTM, AASHTO, and other applicable specifications and guidelines. Special testing services and field laboratories can be provided, as necessary. In addition to comprehensive soil testing, we are equipped to perform a variety of rock mechanics test procedures, in accordance with standard methods specified by ASTM, ISRM, and CANMET. AESCO's geotechnical investigations have included: • Foundation and pavement design • Special site investigations for vibration monitoring • Field permeability tests Civil Engineering/ Inspection ♦ Geotechnical Engineering Services 2 N"mAescoTeclmologies.com AESCO, Inc. P2732 Statement of Qualifications • Settlement problems • Compaction monitoring and testing • Slope stability problems such as earthen dam failures + Shallow foundations and rigid mats Deep foundations and pressure injected footings + Earth retaining structures and reinforced earth • Geological reinforced fill • Deep, dynamic ground improvement, surcharge and grouting • Highways, airports, railroads and pavements • Slope design, soil and rock stability • Landslide analysis and control • Expansive /collapsing soils • Geologic and seismic hazard per Title 24 • Settlement and subsidence analysis • Underpinning and special foundations • Dams, reservoirs and dam studies • Liners • Hydroelectric facilities • Dynamically loaded foundations • Soil and rock instrumentation and blast monitoring • Construction dewatering and drainage • Tunnels, pipelines and utilities • Forensics • Creek, river and waterfront protection • Liquefaction analyses * Fault evaluation AESCO provides full grading inspection services during construction. Our inspectors are capable of performing field inspection and testing of fill materials, excavations, foundations, and shoring. Our inspectors are trained to perform compaction testing with the sand cone or nuclear density gauge test method and are licensed to operate nuclear density gauges. To expedite site grading, AESCO can set up a portable laboratory on site, capable of performing most of the essential tests that may be required by the district. Environmental Engineering In many instances, especially with projects involving sediment sampling activities, geotechnical activities can overlap with environmental aspects. AESCO's combined expertise in environmental, geotechnical and material testing services has made AESCO a leader in providing a package of comprehensive services. To ensure that drilling operations are performed under the highest quality standards, either a registered professional engineer or a geotechnical engineer always supervises the drilling operation. AESCO provides monitoring well installation services and groundwater analyses. For environmental drilling operations, AESCO units frequently utilize hollow stem augers. This Civil Engineering/ Inspection ♦ Geotechnical Engineering Services www.AescoTechnologies.com AESCO, Inc. P2732 Statement of Qualifications drilling technique provides a continuous casing as the boring advances, minimizing cross contamination or mixing of upper .zones of soil and groundwater with lower zones. Environmental Site Assessments The potential liabilities associated with the presence of hazardous substances on a property can be substantially greater than the value of the property itself. Environmental laws and court decisions have increased the risk of liability for lenders as well as for buyers, sellers and operators of property. AESCO assists clients in making critical, timely and economically sound decisions on property management and ownership transfers. Our Environmental Site Assessment (ESA) services are offered in phases to provide maximum benefits in the most cost effective manner. Phase I The purpose of the Phase I ESA is to identify any obvious concerns for potential environmental impairment. The scope of work consists of the following activities: • Determine the existing site conditions: complete a comprehensive visual walk - through examination of the site. • Review the site history: collect historic maps, photographs and directories; examine aerial photographs and title abstracts, and interview persons familiar with the site (e.g., former owners, occupants, workers, neighbors). • Evaluate physical setting information: topography, soil conditions, site geology, regional ground water conditions, and floodplain and zoning information. • Visually examine surrounding land use: research surrounding properties for present and past activities that may affect environmental suitability. • Regulatory review: inquire of appropriate local, state, and federal agencies to identify environmental concerns. • Prepare Phase I report: evaluate all data and prepare an opinion and/or conclusions stating that either the site has minimum probability for environmental concern, or that the assessment has led to questions regarding environmental suitability. If potential environmental liabilities are identified, recommendations are made for additional activities, including possible Phase 11 investigation. Phase II Environmental Analysis The Phase Il environmental analysis commonly consists of subsurface exploration to obtain samples and analysis of soil and /or groundwater samples for the presence of hazardous substances or petroleum products. AESCO's typical approach to a Phase II ESA includes: • Preparation of a site - specific sampling and analysis plan to confirm the extent and concentrations of contamination in accordance with the EPA standards and local, State, and federal guidelines. • Preparation of a site - specific health and safety plan. • Sample collection of waste, waste streams, hazardous materials, surface water, groundwater, soils, asbestos, or other material samples, and the testing of underground storage tanks for content and structural integrity. • Comprehensive review of the regional and local geology and hydrogeology to determine Civil Engineering/ Inspection o Geotechnical Engineering Services 4 www.AescoTe.chnotogies.com AESCO, Inc. P2732 Statement of Qualifications the migration pathways of surface and subsurface contamination; and the installation, as required, of groundwater monitor wells to determine site hydrogeology and extent of contamination. • Approval of design plans. • Preparation of Chain of Custody documentation for samples collected and processed. • Laboratory analyses of environmental samples; chemical analyses vary from site to site and typically include parameters such as petroleum hydrocarbons, volatile organic compounds, inorganic contaminants, and asbestos. • Preparation of a summary report. • Aerially Deposited Lead (ADL). AESCO is specialized in ADL surveying studies. AESCO performed ADL studies for numerous freeways in Los Angeles, and Orange Counties. This study involves soil sampling, testing, and statistical analyses of the lead deposit. AESCO follows the acceptable most recent format and variance of Caltrans. Civil Engineering/ Inspection ♦ Geotechnical Engineering Services wNvw.AescoTechnologies.com AESCO, Inc. P2732 Statement of Qualifications Request for Proposal Testing and Inspection Services For the City of Santa Ana Capital Improvement Projects AIJSCO Proposal No. P2732 Engineering Manager Adam Chamaa, P.E., G.E. Project Manager I ,tilaterials Tasting and Debra Perez Inspection Project Engineer klikhael Mikhael Abdallah Salama, M.S.C.E. Jess Lim Hamid Nourian Soil and Laboratory Testing Rockland Dale Jess Lim Salim Alakhras Hamid Nourian John Gomez Thomas Green Bill Fransen John Kelenc Omar Chamaa Civil Engineering/ Inspection ♦ Geotechnical Engineering Services 19 www.AescoTechnologies.com AESCO, Inc. P2732 Statement of Qualifications Section 4 Work Plan for Testing and Inspection AESCO's commitment to quality assurance extends to field and laboratory staff that is certified in various technical disciplines by multiple agencies such as Caltrans, ACI, NICET, and ICC. Field technicians and inspectors provide detailed documentation of construction operations and specification compliance. AESCO's accredited materials testing laboratory and collection of resourceful field equipment enable our professionals to efficiently determine precise methods for qualifying construction materials. AESCO's method of operation is the following: • Prior to the start of any project AESCO will meet with the CLIENT to review staffing and project needs. • Prior to the performance of an inspection or test, AESCO's dispatcher creates a task number and then dispatches the appropriate inspector. AESCO utilizes unique task numbers for each inspection and test service provided. AESCO digitally controls all assigned tasks to our inspectors and each unit of service is closely watched by our project manager. AESCO does not exceed the assigned budget for its services prior to authorization by the CLIENT. • The inspector (or inspectors) then arrives at the site to perform the required testing and inspection. • All breaks and laboratory testing is scheduled through our electronic dispatch system where notification is atomically issued to the laboratory manager to perform specific tests, such as; breaks of concrete cylinders at a schedule of 7 -day, 14 -day and 28 -day breaks; beam breaks; masonry block breaks; prism breaks; etc. • Daily field reports are created digitally and emailed within 24 hours of completion of the test or inspection to the CLIENT. • Any test or inspection deficiencies, such as; failing compaction, concrete not reaching the required strength, concrete with high slump, cleanness of rebar, cleanness of footings, etc., will be discussed immediately with the CLIENT and recommendations /mitigation will be presented for correction. Our professionals will provide practical solutions to critical issues encountered in the field, considering both cost and technical implications. • AESCO provides a 24 -hour live answering service and one of our Project Engineers is always available to answer any technical or scheduling issues. • A final certification report of all inspection services performed for specific projects will be completed within one week following completion of construction. • All laboratory reports and inspection reports are supervised, reviewed and signed by a California Licensed Professional Engineer, Civil Engineering/ inspection * Geoteclmical Engineering Services 20 www. AescoTechnologies, com AESCO, Inc. P2?32 Statement of Qualifications Section 5 Standard Services AESCO maintains a strict Quality Control Program (QAP) AESCO is a member of, and certified by several independent certification agencies, uc;;AMRL, CCRL, Caltrans, the City of Los Angeles, and the City of San Diego. AESCO is also part of the yearly reference sampling program for theses agencies. These involvements ensure a rigorous training of AESCO's technicians and test method verifications. AESCO maintains current test manuals and standards. All laboratory testing and field investigations are supervised by AESCO's registered geotechnical engineer. The test results are reviewed by AESCO's project manager and principal geotechnical engineer, each of whom* has 30 years of experience. Civil Engineering/ Inspection ♦ Geotechnical Engineering Services 21 www.AescoTechnologies.com EXHIBIT ftcIf "lp< m I x C Page 1 of 2 FEE SCHEDULE Testing and Inspection Services for the City of Santa Ana Capital Improvement Projects ITEM ESTIMATED QUANTITY UNIT HOURLY RATE/ UNIT COST* ESTIMATED COST soil Inspection 1,000 Hours 72 72000 Concrete Inspection 1,500 Hours 72 108000 Masonry Inspection 600 Hours 72 57600 Reinforcing Steel Inspection 1,200 Hours 72 86400 Asphalt Concrete Inspection 500 Hours 72 36000 6" Concrete Cylinder 400 Units 20 8000 2x4 Mortar Sample 200 Units 20 4000 3x3x6 Grout Sample 200 Units 20 4000 Masonry Prisms 150 Units 50 7500 Ultrasonic Testing of Steel Connectors 50 Each 40 2000 Post Tension Reinforcing Inspection 200 Hours 72 14400 Post Tension Concrete Inspection 200 Hours 72 14400 Structural Steel Inspection 100 Hours 72 7200 Connection Bolt Torque Testing 100 Each 25 2500 Precast Concrete 350 Hours 72 25200 Deputy Inspection 100 Hours 72 7200 Mechanical Inspection 3.00 Hours 72 7200 Plumbing Inspection 100 Hours 72 7200 Electrical Inspection 100 Hours J 72 7200 476,000 TOTAL ESTIMATED COST $ - 20 - APPENDIX C FEE SCHEDULE (CONTINUED) Firm: AESCO, Inc PROPOSED NOT -TO- EXCEED COST: 478,000 Address: 17782 Georgetown Lane Huntington Beach, Ca 92647 Name Adam Chamaa PE GE Title VP Signat Date 2 -2 -2011 Page 2 of 2 *All hourly rates and unit costs shall include markups and the cost of traveling, vehicle, equipment, clerical service and typed reports. - 21 - _ "7 CERTIFICATE OF LIABILITY INSURANCE 3 131 /2011DrMY) 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 13BUINO INSURER(SL AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; N the earllllcets holder Is on ADDITIONAL INSURED, the polleylNa) must be endorsed It SUBROGATION IS WAIVED, subject to the terms and conditions of IM policy, certain policies may require an endorsement. Astatemenl on this certificate does not confer rights to the certificate holder In Beu of such andorsementis). PRODUCER THE BRENNAN COMPANY 35 E Horizon Ridge Pkwy Ste 110 -235 Henderson, NV 89002 NAME.'. aa: Eo 702 629 -6700 IAIC,Ne) (702) 629 -6701 ADDRESS, brl3nco @aol , aom INSURER($) AFFORDING COVERAGE IIAIC9 04SURER A. Scottsdale Insurance Company INSURED Aesco, Inc. 17782 Georgetown Lane Huntington Beach, Calif 92647 714 375 3830 INSURER e' The Hartford (MMv1�YYYI (MI.bDO/'/YYYI INSURER c, Houston Casualty Company INSURER D: INSURER E: IMSUREA F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INMCATED. 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. IN1R .... --.P -. TYPE OF IsISUrLarACE ab0l �R9_ ... POI.IGY NLIMBETi '7 R',yETF –' IM DtNYYYY) (MMv1�YYYI (MI.bDO/'/YYYI LIMITS 01ENE"L LIABILITY EACH OCCURRENCE s 2,000,000 ""` COMMERCIAL GENERAL LABILITY . T...,I 1 I.AIAIS.MAUE I OCCUR �7LLt'ABE'TOIiENTEO — ""� PRELIISES (Ea, ace „en ,.,. ""– n s „10� 000 MEO EXP (MtJ oraP� eon) A .._ _. _.,.� . A CLS1497090 6/24 /2010 6/21/2011 PERSONAL A ADV INJURY s2,000,000 GENERAL AGGREGATE .. S 2,000,000 GEN L AGGREGATE LIhdT APPLIES PER PRODUCTS- COMPIO_P A- S 2, 000, 0,0,06 � - — ... . AUTC✓.IOfKE LIABILITY _ tEa Amdant) s 1,006,000— BODILY INJURY (Pbr Parson) S X A.NVAUTO ULED X AUTOS%NED SCHED AUTO '-` NON-OA`NED X HIRED AUTOS X AUTOS 72UECT 7770 Q 1/0912010 1./09/2011 BOOILYIWpRY IPeI aa00ant) S f 0 _ CAM Apor aeOneeN S S A ® UMBRELLA LIAR EICES LAB }� OCCUR CLAWS-MADE XSLS0057404 62 +2010 6/26/2011 EACH OCCURRENCE. S 5,000,000 AGGREGATE S SVi]fiXERS.CUMPENSATIGN Ar.D EMPLOYERS'LU.BRITY YIN ANr I M R 0vR1iTPARTNEkX<fGUTrvE j�t ttrv� »�_uatR C- CLUDED, I� (ManUatory In NHI N /A TO(rY LUAITS OER E.L. EACH ACCIDENT i S EA. DISEASE. EAEMPLOYEE r DESCRIPi70N pF OPERATIONS bow EL. DISEASE• POLICY LIMIT S C Professional Liability HC71027703 7/09/2010 7/09/2011 2,000,000.r C£ RIPTICN OF OPERATIONS (LOCATIONS (VEHICLES (AOaraIACOR0 101,Aaiuunal Rurw►a5chrfub,If merr+pac�og recueadl THE CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED WITH REGARDS TO AUTO AND GENERAL LIABILITY THE INSURANCE IS PRIMARY AND NOT CONTRIBUTORY WITH A 30 DAY NOTICE OF CANCELLATION. The City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Public Works Agency M -22 THE EXPIRATION DATE 7M1EqEOF. NOTICE WILL BE DELIVERED IN P.O. BOX 1988 ACCORDANC VOTH THE PROVISIONS Santa Ana, Ca 92702 APPROVED AS TO FO AUTHORIZED A sENTAT _. V A 7988 070 ACORDCORPO igridR. AO ng resew ACORD25 (2010105) L11W=611btrkf4#4Qrar9 registered marks of ACORD APR 14 2011 Assistant City Attorn Rv� Nt,Z2 APR. 13. 2411 3:16PIli 1�I10�IGE46;I �4WUnAPICE A, SC;OTTSDALE INSURANCE COMPANY" NO. 56017 ';. 1 ENDORSEMENT N0. 6 AITACMEDTDAND FORUM A PART OF ENNIMINNTEFFERNEDATE NAARO INGURlD •CENT No. (Q41 AH 9TANOAxD TMrcl M1497090 04/13/2011 AESC0 1$C'E11MRAGM, INC. 04057 *THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - -OWNERS, LESSEES OR CONTRACTORS SPECIAL CONDITION If any of the endorsements below are attached to this policy, coverage provided by the additional Insum d endorsement Is amended to be afforded on a primary, noncontributory or primary and noncontributory basis when and as agreed to In writing In a contract or agreement between you and the additional insured, Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization (cG 20 10) Additional Insured - -State Or Political Subdivisions -- Permits (CO 20 12) Additional Insured — Owners, Lessees Or Contractors -- Automatic Status When Requlrsd In Con- struction Agreement Wrth You (CG 20 33) Additional Inured— Owners, Lessees Or Contractors -- Completed Operations (CG 20 37) Otnri: (Specify tide and form number) REPRESENTATIVE GLS -2956 t7-K Pe3e 1 of t �j�l3�ll we COMMERCIAL GENERAL LIABILITY CO 20-33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. That portion of 'your worst" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy Number: Date Entered: 03/09/1011 AeC) a CERTIFICATE OF LIABILITY INSURANCE ATE(iMI O(i rn 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 poll(:y(les) must 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 Iieu of such endorsement (s). PRODUCE' Dalati,a Insurance, Inc. 791 S. BROOiCF1DRST ST ANAHEIM, CA 92804 " " ,Am N . (714)956 -1312 FAX (714)956 -x434 E -MAIL dalatiinsuranceaQmail.com INSURER(S) AFFORDING COVERAGE NAIL f INSURER A: ACE INSURED AiCSCO 17782 GEORGETOWN LN HUNTINGTON BEACH, CA 91647 INWRER B: INSURER C : EACHOCCURRENCE INSURER O: h r INSURER 6: MED EXP one on) INSURER F: PERSONAL& AOV INJURY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIe$. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPO OF INSURANCE vim POLICY NUMBER LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE FI OCCUR EACHOCCURRENCE 5 - h r $ MED EXP one on) $ PERSONAL& AOV INJURY S GENERAL.AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER POLICY PR CT LOC PRODUCTS - OOMPIOP AGG S S. AUTOMOBILE LIA &CITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS K "� HIRED AUTOS AU APPROVED AS t �. h ineedy TO FORM WWNED SINGLE Lim I BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY (Per a needy S UMBRELLA LIAR EXCESS UAB HCLAIMS-MADE OCCUR Assistant City ALttorney EACH OCCURRENCE $ AGGREGATE S DED RETENTION S L 5 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOMPARTNEWEXECUIVE YIN OFFICERIMEMBEREXCLUDED7 (MendmM III NH) I! yes, dWCObe r. der of RIPTION OF OPERATION ow NIA 045757705 4/11/2010 4 /11/]011 I W ATU- E.L.EACHAOCCENT 1,000,000 EL.DISEASE- EAEMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $11"01000 DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES (ANech ACORD 101, Addleenel n n wke Sche"s. N more *Pees Y reerd CITY O! SANTA ANA I8 NANBD AS ADDITIONAL. INSURED WITH RESPECT TO THE INSUREDS OPERATION. 30 DAY NOTICE CANCELLATION 10 DAY rOR NON- PAYKIINT OF PRRNIUM CITY Or SANTA Am PUBLIC WORKS AGENCY is -22 PO Box 1988 SANTA ANA, CA 92702 ACORD 26 (2010/06) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOL, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLIC')�PFiOVI�IONS. AUTHORUZED REPRESENTATIVE/ 0 1988 The ACORD name and logo are registered marks of Produced uslrV Forms Boer Plug saMwere. www.FonnsBow.aoln; kWesene Publish" 500.208.1977 All rights reserved. COVERAGES CERTIFICATEN MBER: 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 CERTIFICATE OF LIABILITY INSURANCE 12/2013 7/12/2013 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. LIMITS IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatemem on this cartiBcate does not confer rights to the certificate holder In lieu of such endomemem(s). PRODUCER UUNIAUI NAME. The Brennan Company 35 E. Horizon Ridge Ste 110 -235 g DAMAGE TO PREMISES (Ea oaunanca) PHONE .702 629 6700 FAx .702 629 6701 me NO cur, Nol. ADDRESS: brenco @aol.com Henderson, Nevada 89002 INSURER(S) AFFORDING COVERAGE NAIC4 OC98533 INSURER A Burlington Insurance Company CLAIMS -MADE CI OCCUR INSURED Aesco, Inc. INSURER B. The Hartford 17782 Georgetown Lane MED UP (Any onepereanl INSURER c. Houston Casualty Company PERSONAL BADV INJURY Huntington Beach, Ca 92647 A INSURER D-. Preferred Employers Ins. Co. INSURER E : 154BW25662 (714) 375 -3830 RINSURER 6/24/2014 F: X COVERAGES CERTIFICATEN MBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTN T'PE OFINSURANCE INSa POLICY NUMBER (MMIDDNYYY) IMWDD,YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 52,000,000. DAMAGE TO PREMISES (Ea oaunanca) $ 100,000. COMMERCIAL GENERAL LIABILITY CLAIMS -MADE CI OCCUR MED UP (Any onepereanl $ 5000 PERSONAL BADV INJURY $2,000,000. A 154BW25662 6/24/2013 6/24/2014 X GENERAL AGGREGATE $2f000,000. GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG s2,000,000. $ POLICY PEOT LOG AUTOMOBILE LIABILITY Ee accident 7,000,000. BODILY INJURY (Per person) $ ANVAUTO 72UECTQ7770 7/9/2013 1/9/2014 BODILY INJURY (Per amplent) $ B ALLOWNED SCHEDULED AUTOS AUTOS ]{ PROPERTY DAMAGE $ NON -OVMED HIRED AUTOS AUTOS ri (Par acddenU E UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS-MADE DIED I I RETENTION S E WORKERS COMPENSATION X WC STATU- OTH- TORV LIMITS ER AND EMPLOYERS'LIABILRA YIN WKW1494941 4/11/2013 /11/2014 1,000,000 D ANV ❑ NIA E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE 11000 000 E r ERuMEMETORIPACLUDEEXECUTIYE (Mandatory in EXCLUDED? (MantlMOry in NM) If yes, desonbe under 1,000,000 DESCRIPTION OF OPERATIONS below E . DISEASE - POLICY OMIT $ C Professional Liab. HCC 13 20777 07/09/13 7/09/43 $2,000,000.per claim $2,000,000. aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atlach ACORD 101, Additional Remarks Sommule, a more space is required) APPROVED AS TO FORM Laura Sli heady orne r.PPTIFIr.ATF Hr11 rTFR CANCELLATION © 1988- 201/ACORD CORPORATION. All rights reserved. ACORD25 (2010/05) The ACORD name and logo are regist rks of ACORO r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Agency M -22 ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 1988 ffIJTFQiiIl REPRESENTATIVE V"I'Ll A Santa Ana, Calif 92702 I © 1988- 201/ACORD CORPORATION. All rights reserved. ACORD25 (2010/05) The ACORD name and logo are regist rks of ACORO r POLICY NUMBER: 154BW22805 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization with whom you have agreed, in a written contract to waive the transfer of rights of recovery against others to us, provided such written waiver is fully executed prior to an "occurrence" in which coverage is sought under this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery wemay 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 waver applies only to the person or organization shown in the Schedule above. CG 2404 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT- OTHER INSURANCE (PRIMARY AND NON - CONTRIBUTORY COVERAGE) This endorsement modifies insurance provided urider the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule of Additional Insured(s): Any person or organization named in an Additional Insured endorsement attached to this policy with whom you have agreed, in a written contract, that such person or organization should be provided primary and non - contributory coverage, but only when such written contract is fully executed prior to an 'occurrence" in which coverage is sought under this policy. With respect to the insurance afforded to the additional insured(s) scheduled above, Paragraph 4. Other Insurance of Sedan IV- Commercial General Liability Conditions is deleted and replaced by the following: 4. Other Insurance Notwithstanding other val id and collectible insurance available to the insured for a loss we cover under Coverages A and B of this Coverage Part, this insurance is primary and non- contributory. However, this endorsement: A. Applies only when you are required by contract, agreement or permit to provide primary and non - contributory coverage for the additional insured, provided such written contract, agreement or permit is fully executed prior to an 'occurrence" in which coverage is sought under this policy, and B. Does not apply to any claim, loss or liability due to the sole negligence of the additional insured. IFG -G -0094 12 07 Includes copyrighted material of Page 1 of 1 ISO Properties, Inc., with permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSUREDS ENDORSEMENT CONSTRUCTION OR SERVICE CONTRACTS (TENDER OF ANY LOSS TO OTHER AVAILABLE INSURANCE, AND EXCLUSION OF EMPLOYEE INJURY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you agree, by virtue of a written construction or service contract, written construction or service agreement or permit (all of these hereinafter called Contract), that qualifies as an "insured contract" as defined by the policy, to name as an additional insured with respect to liability arising out of your ongoing operations performed on the project or service specified in the Contract, including acts or omissions of the additional insured in connection with the general supervision of such operations. Except as provided above, this insurance does not apply to any "bodily injury ", "property damage" or "personal and advertising injury" arising out of or resulting from the neglect or negligence of the additional insured beyond the general supervision of your ongoing operations. Insurance afforded by this endorsement applies provided the "bodily injury ", "property damage" or "personal and advertising injury" occurs subsequent to the execution of the Contract and further provided that the "bodily injury ", "property damage" or "personal and advertising injury" arises from "your work" during the policy term. 1. An "employee" of any insured, or a person hired to do work for or on behalf of any insured or a tenant of any insured, that arises out of and in the course of: a. Employment by any insured; or b. Performing duties related to the conduct of any insured's business, or 2. The spouse, child, parent, brother or sister of that "employee' as a consequence of Paragraph 1. above. These exclusions apply: Whether an insured may be liable as an employer or in any other capacity; and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. C. The following is added to Section III — Limits Oflnsurance: Coverage for liability assumed by the Named Insured in a Contract shall only be to the extent of the negligence or fault of the Named Insured D. according to applicable principles of comparative fault and /or in accordance with applicable law. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to any "bodily injury" to The most we will pay in behalf of the additional insured is the Limits of Insurance required under the Contract for "bodily injury ", "property damage" or "personal and advertising injury', but in no event will we pay more than the available Limits of Insurance afforded by this policy. With respect to insurance afforded to these additional insureds, the following is added to Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions: If other valid and collectible insurance is available to the additional insured for a loss we cover under Coverage A or B, then the additional insured must also tender any loss to each such other insurance. Should such other insurance apply, then this insurance is excess over any other such insurance. BG -G -305 10 09 Includes copyrighted material of Page 1 of 1 ISO Properties, Inc., with its permission.