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HomeMy WebLinkAboutPSOMAS, INC. 4 - 20141N URAS�S ::NCI ' ON FIDE WORKN ;, LCI CEED CLERK OF COUNCIL DATE, 3NN 2 6 2015 CONSULTANT AGREEMENT FOR ENGINEERING SERVICES WITII PSOMAS THIS CONSULTANT AGREEMENT made and entered into this 16th day of September, 2014 by and between Psomas, Inc. a California corporation (hereinafter "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 (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of water resource engineering design services, B. Consultant represents that Consultant 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 peif'ormed by Consultant under this Agreement will be performed in 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 teams and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall perform engineering services for the completion of the Walnut Pump Station Building Upgrade Project, as set forth in Consultant's Walnut Pump Station. Building Upgrade Project Engineering Services Proposal dated July 23, 2014, attached hereto as Exhibit A and incorporated herein by reference. 2. DELIVERY OF WORT{ PRODUCT Consultant shall deliver to City all work product which result from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's Project Manager and Consultant. hi regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees; agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Table 1 to Exhibit A. The total sum to be expended for these services shall not exceed $175,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on September 16, 2014 and terminate on September 1, 2017, unless tenninated earlier in accordance with Section 13, below. The City Manager shall have the option to extend the Tenn of this Agreement for up to one -year, on the same terms and conditions set forth herein. At the end of the full Term hereof, the Agreement may be extended to expend any remaining funds to complete ongoing projects, by a writing executed by the City Manager and the City Attorney 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 which 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, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory 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 employees, 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. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in 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. 7. INDEMNIFICATI ®N To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including; without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise fiom or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. 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. 10. 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 facsimile 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 Facsimile: 714- 647 -6956 Copies to: Public Works Agency — Construction Engineering City of Santa Ana 20 Civic Center Plaza (M -22) Santa Ana, California 92702 Facsimile: 714 -647 -5058 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) 51 P.O. Box 1988 Santa Ana, California 92702 Facsimile: 714- 647 -6515 To Consultant: Psomas, Inc. Attn: Joseph L. Boyle, P.E. 3 Hutton Center Drive, Santa Ana, California 92707 Facsimile: 714 -545 -8883 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 facsimile, commmunication 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, Comity or City holidays shall be excluded. 11. 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. 12. 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. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, hi 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, acid 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 tWs Agreement. 14. 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. 15. 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. 16. 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. 17. 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 terns 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. ATTEST: MARIA D. HUIZAR LUJ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City A torney By: r J h S aka istant City Attorney RECOMMENDED FOR APPROVAL: L2 EDWIN "WILLIAM" 9ALVEZ, P.E. Interim Executive Director- PWA CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT: Psomas, Inc. Jo e h L. Boyle V ce resident Manning the Natural and Brill Environment July 23, 2014 Mr. Armando Fernandez Senior Engineer CITY OF SANTA ANA 220 South Daisy Avenue Santa Ana, CA 92703 Subject: Walnut Pump Station Upgrade Project Engineering Services Proposal Dear Mr. Fernandez: In response to recent discussions with the City, this engineering services proposal is being provided for completion of the Walnut Pump Station Building Upgrade Project as described herein. Scope of Services Task I — Final Design Psomas has received and is addressing the City's comments on the 100% design submittal of the plans, specifications and construction cost estimate (PSE). To date, we are still awaiting guidance from the City regarding the electrical service design for the proposed street lights along the pump station frontage. Once that information is received and incorporated into the PSE, we will provide 3 sets of the PSE for final review by the City. The following tasks are anticipated: I . Address City continents on 100% submittal of the plans, contract documents and technical specifications 2. Revise plans, contract documents and technical specifications for electrical service to proposed street lights 3. Submit 3 sets of PSE for Final Review by City 4. Address City comments on Final ,PSE 5. Submit Final Signed Mylars and Contract Documents 6. Assist City's CEQA Consultant Task 2 — Bidding Phase Services Psomas will provide assistance during the bidding phase including: 1. Response to bidder questions 2. Preparation of two addenda as necessary 3 Hutton Centre Drive 3. Attendance at re -bid meetin P g Sate zoo Santa Ana, CA 92707 4. Assistance in analysis of bids and recommendation for award Tel 714.751.7373 Fax 714.545.8883 vmavinsomas.com Mr. Armando Femmidez Page 2 of 4 July 23, 2014 Task 3 — Construction Phase Services Psomas will provide the following construction phase services for the project: 1. Attend three (3) project meetings during construction, including the pre - construction meeting. 2. Respond to up to fifteen (15) Requests for Information (RFI's) during construction. 3. Prepare plan revisions as necessary. 4. Visit the site during construction (5 visits). 5. Review approximately 60 shop drawing submittals (this number is based on our experience with previous similar projects). The budget includes a second review of each submittal, if necessary. 6. Prepare record drawings based on as -built set of plans furnished by Contractor. 7. Convert all AutoCAD drawings to Microstation format and deliver drawing files to the City in Microstation fonnat on a computer disk as part of the final deliverables package. Task 4 — ISI Envision Rating Process Psomas will process the Walnut Pump Station Upgrade Project through the EnvisionTM hifrastructure Rating System. Provided below is a summary of the necessary steps: Step 1: Project Registration An EnvisionTM Sustainability Professional (ENV SP) with Psomas will register the project on behalf of the City of Santa Ana. Maira Torres, Psomas' Project Engineer for the Walnut Pump Station Upgrade is a credentialed ENV SP professional and will be responsible for Project Registration and a majority of the assessment effort. Dennis Phinney (Project Manager) and Joe Boyle (Managing Engineer) are also ENV SP credentialed and will assist Ms. Torres as necessary in this effort. The application form includes the name and a short description of the project, the project owner, the ENV SP's name, and contact information. A required application fee of $1,000 must be paid to ISI when the application form is submitted. Once the project is registered, the official online scoring sheet for that project will be opened to enter, remove and edit data, and a Verifier will be assigned to the project by ISI. The Verifier will contact the Project Team (Psomas and City) to conduct an initial teleconference to discuss EnvisionTM goals for the project. After the initial teleconference is complete, the Verifier will notify ISI and the Assessment step will begin. Step 2: Assessment Psomas will provide documentation required to show a Level of Achievement as specified in the EnvisionTM Guidance Manual. Psomas will access the Scoring Module, an online interactive tool that guides the user by assigning levels of achievement for each credit. Required documentation for the various credit categories will be uploaded by the Project Team, as necessary. Mr. Armando Fernandez Page 3 of 4 July 23, 2014 The onus is on the Project Team to ensure the documentation submitted with the assessment demonstrates the Level of Achievement claimed. The Project Team may contact the Verifier during the Assessment for clarifications or questions on EnvisionTM like evaluation, documentation or interpreting Levels of Achievement. Psomas will notify the Verifier and ISI when the Assessment is complete. Step 3: Verification The Project Team will notify the ISI when they want to begin the Verification and will pay the Verification Fee, which is based on the dollar value of the project. The Verifier (31 party ENV SP) will review the Levels of Achievement and supporting documentation provided by the Project Team. If additional documentation is required to prove a Level of Achievement, the Verifier will request it from the project team. The Verifier lists an interim score and notifies iSI when the Verification is complete. Step 4: Authentication The ISI Authenticator will review the Verification to ensure the same standards and interpretations are applied to all projects. The Authenticator's confirmation of the Verifier's score is considered the final project score. If the Authenticator's final decision on a credit differs from the Verifier's, the Project Team will be notified to provide additional proof where documentation was not sufficient to support the Level of Achievement requested. Notification of the final score is sent to ISI, the Verifier, and the Project Team. After the notification is sent, the Verifier will contact the project team to schedule a Verification close out teleconference to discuss the final score. After the Verification close out teleconference is complete, the Project Team may request an appeals process. Otherwise, the project will move to the Recognition step. Step 5: Recognition Recognition consisting of Bronze, Silver, Gold or Platinum awards will be given based on the percentage of applicable points achieved. ISI Envision Fee As mentioned above, the initial ISI Application fee is $1,000. The ISI Verification fee is based on the estimated dollar value of the project. Our current engineer's estimate for the Walnut Pump Station Upgrade project is $3.9 million. For projects between $2 -5 million, the Verification fee is $8,500 for non - members and $7,000 for ISI members. Since Psomas is an ISI member, the $7,000 fee will apply. Based on a recent similar effort in submitting a project through the EnvisionTM system (South LA Wetlands Park for the City of Los Angeles), Psomas' fee for preparing the Application and Assessment will be $20,000. As a goodwill gesture to the City, Psomas is willing to contribute $5,000 of "in -kind" effort. Some effort will also be required by City staff in providing documentation during the Assessment process. Mr. Armando Fernandez Page 4 of 4 July 23, 2014 Costs and fees associated with the ISI Envision process are as follows: Description Fee 1. ISI Application Fee $1,000 Application and Assessment by Psomas $20,000 ISI Verification Fee $7,000 Subtotal $28,000 Psomas In -Kind Contribution ($5,000) Total Cost to City $23,000 LABOR HOURS AND FEES We propose to provide engineering services to complete the scope of work as discussed above on an horsily basis with the total fee not to exceed $162,000 as shown in the attached Table 1. The following services are excluded from our scope of work • Geotechnical services • Construction inspection • Material testing • Surveying • Permit processing If you have any questions, please do not hesitate to call Joseph Boyle at 481 -8060. Sincerely, P S O M A S ckt((3 Joseph L. Boyle, P.E. Vice President 5 9 M 3 U O Na m a 0 0 o & 03 .to G. > 0 -4 z a EL -. 0 to > > C z V > CL O m 0 fig y p — > 21 ig" as i.z al V NN A MY! a I Ell, — — — — vm tL 42 Sz ig ix. e Ntl " AI N a �gg I�k RN IM, gj� 1, Na m a 0 0 o & 03 .to G. > 0 -4 z a EL -. 0 to > > C z V > CL O A COMY CERTIFICATE OF LIABILITY INSURANCE DATE IMMI'D�YYYYy 3/17/2015 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy (ies) 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 lieu of such endorsement(s). PRODUCER ,3 Greyling Insurance Brokerage 3780 Mansell Road Suite 370 Alpharetta CA, 30022 NAME: Jerry Noyola PHONE . (770)552- 4.225 FAX N (866)5S0w94 a2 E-MAIL erry.nayola greyling.com INSURER 5' AFFORDING COVERAGE INSURERA -Na3tional Union Fire Ixis �Co�19�445 LIMITS INSURED Pet, maa8 555 S. Flower Street Suite 4300 i,or3 A,tl tiles CA 90071 1 INSURER R :Travelers Property Casualty 25674 INSURERC INSURER 0: INSURERS: S 11000 , 000. INSURER F: CCOMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR riTS'il� /1 aWn3�: �A =..•MIIM r1I.'Mr J, II0,1141= tZ911620 i'. ;�i �rrar Tt THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE. OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF M . POLICY EXP M I PD/rM LIMITS GENERALLIABIL.ITY EACH OCCU;RRENCE.... S 11000 , 000. A CCOMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 2047634 /1/2015 4/1/2016 DAM) E EN ED PRFr.II s .a $ $00,000 MEDFJIP(A.nyanapersan S. 25,000 PERSONA4$ADVINJURY $ 1,000,000'. X Ccontractivall Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.- COMPIOPACG $ 2,,000,.000' POLICY, PRO- ,i LOO $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a ac i i ., ,,,,1,, 00Q 000 ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS .HIRED AUTOS X NON•OWNEU... AUTOS 3814893 . /1/2075 /1/2015 BODILY INJURY (Pear Person) ^� BODILY INJURY Per accident ( ) PROPER DAMAGE P ide, 5 UMBRELLA LIAO OCCUR EACH OCCURRENCE $.. AGGREGATE. $ EXCESS LIAR CLAWS -MADE DED I RETENTIONS $ A A WORKERS COMPENSATION AND EMPLOYERS" LIABILITY YIN ANY OFFi PERIMEMOER EXCLUDED? E'. UTIV ''. (Mandatory In NH) If yS descroe under DESCRIPPON OF OPERATIONS taelo, NIA 399D1498 (ADS) 39901499 (CA) /1/2415 /1/2015 /1/2015 /1/2815 x '. WCSTATU- OTH- fCL,l� ER E.L. EACH ACCIDENT --°- $ 0 000' E -L. DISEASE -EA EMPLOYE $ 1., 000 000 E,L. DISEASE - POLICY LIMIT ^ $ 1,000,000 DESCIUPTION OF OPERATIONS I LOCATIONS I VEHICLES (AnaO ACORD 101, Additional Remarks Sclaed0e, if more space is required) Re: 2SAN41,0111,p Walnut Pump Station upgrade Project. The City of Santa Ana, its officers, employees, agents, volunteers & representatives are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies are primary & mean- contributory where required by written contract. Separation of insureds applies to the General Liability Policy. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the insui.ng' insurer before the expiration date thereof, 30 days" written notice (except 10 days for nonpayment of premium) will be provided to the City of Santa Ana Study Rosas 220 S. Daisy Avenue, -85 Santa Asia, CA 92703 SHOULD ANY OF TIIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE. Col l inrd8 /JERRY AGILIKU 15 9,1II1W1ua} U 19BB -1010 ACORD CO!RPORATIOM All rights reserved. IN S025 (201005).01 The ACORD name and logo are registered niarks of ACORD 6-1" Iar' ca l Calµ- , / PA7 A4CC>Ra CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDl7'YYY) 11A1117PY1� i 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT NAME: Dealey, Renton & Associates 1 ._....,._._.._. PHONE 714 427 6810 G FA3LW 71�k M27µ6818 No,Ext): ___.. (Afc Nat __.1 _.I License #0020739 P. �. Box 10550 E-MAIL rlee �le renton.com '�dea_ y Santa Ana CA 92711-0550 ry— INSURER(S) AFFORDING COVERAGE NAIC N . .... ..._ INSURER A:ACE American Insurance; Company 22667 INSURED PSOMAS . INSURER B: PSOMAS w. INSURER C:: _... 555 South dower Street, Suite 4300 CLAIMS -MADE OCCUR Los Angeles CA 90071 INSURER D: INSURER E: $ @NSURIER F: $ ('nVFPAr,,FS rFIRTIPIrB TF MI IKARI=P- 2114791QIA 0C111C1nr1 A111RAMCO. THIS IS TO CERTIFY THAT THE POLIC'iES 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. NsR ..w_ _.. ADDE. SUB1i __._... __ _.,......._ EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MMIDDfY'YYY MMMDYfYYYY LIMITS COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ DAMAGE'f RENTED CLAIMS -MADE OCCUR PREMISES Ea.occurrence $ ME .D EXP (Any one person) $ .__..r._._. PERSONAL. & ADV INJURY $ GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $ PRO- ........._. .....,._ PO JECT LOG PRODUCTS COMPIOP AGO .__.._ $ ......_.a .............. '...., $ OTHERS AUTOMOBILE LIABILITY ',. I SP NGLE (Ea accident) m... .._......_. ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ._ ( ) $ NON-OWNED HIREDAUTOS AUTOS PRO AGE Y DAMAGE ERTn�_ ......... $ Per $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEO I I RETENTION $_ $ WORKERS COMPENSATION PER OTH- .. AND EMPLOYERS' LIABILITY YIN STATUTE. ER E.L. EACH ACCIDENT... ..._ ..,. $ ANY PROPMETORFPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S If yes, describe under -- - --- - -- DESCRIPTION OF OPERATIONS below F DISEASE - POLICY LIMIT $ A Professional Liability 623638381007 10115/2015 10/1512016 Per Claim $1,000,000 Claims Made Annual Aggregate $1,000,000 DESCRIPTION OF OPERATIONS d LOCATIONS I VEH@CLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 30 Day Notice of Cancellation /10 Day notice for Non- Payment of Prern 2SAN41011 1; Walnut Pump Station Upgrade Project/ Agreement NO.= A- 2014 -224 L.L.A I IUIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS.. Attn: Rudy Rosas 220 S. Daisy Avenue, M -85 AU HORIZED REPRESENTATIVE. Santa Ana CA 92703 J k o', P V 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ­k/ �. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY' COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or or- genization for whom you are performing operations when you and such person or organization have apreed 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 additional insured under this endorsement ends when your operations for that additional insured are com- pleted. CG 20 33 07 0 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 falling to pre- pare or approve, rnaps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specca- 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 fumishad 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- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" 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 subcontrac- tor engaged in performing operations for a principal as a part of the same project. ■ POLICY NLJMSER: 204 7634 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 94M412, � EM AM OHM This endorsement modifies insurance provided under the following., COMMERCIAL GENERAL LIABILITY COVERAGE PART MWE-4-01M Name Of Additional Insured Parson(s) Or Organizationts)- Location And Description Of.Compfeted Operations AS REQUIRED BY WRITTEN CONTRACT AS REQUIRED BY WRITTEN CONTRACT L Information required to complete this Schedule, it not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or ""property damage" caused, in whole or in part, by ",your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard," 0 ISO Properties, Inc.,2004 Page 1 of 1 6 This endorsement changes the poi, 4 to which It is attached effective on the incWlon date of the policy unless a different date Is indicated below, frho RAIvMrQ '0000*V dmW now be conIPWted onY vAm ft w4osenwit 15 wed ID preparaWn of the Wxo This endomemem effectlya 411/2015 forms a Pert of Pdipy No. WC 39901499 Issued to PS.OW By NAT I ONAL UNION FIRE I NSURAWE COMPANY OF PITT BURGH, PA. We have a fight to recover our payments from Anyone Ma,We for an !njt!ry cpyorod by Ns. policy. We will not effo(Pa oLX rijihipaafnst any pwson to obtain this or organOtloo with whom yQu, have a written conirea that requires you agreerngnt from us, as nVards any work you perform for such pwwn of orgaNzatRX1. The.AddWanal prarraum for thIs andorsen*nt shd be 2.00 % of the total estimated workers compensation premium for this policy. (Ed. 111190) Authorizod Representa&*