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HomeMy WebLinkAboutENGINEERING SOLUTIONS SERVICES-2015 • City of Santa Ana COTC Office Use,►. 1 Clerk of the Council --- seO.............................._..-.. � Only • AGREEMENT TERMINATION FORM • Please complete this form in its entirety when the attached agreement and all o'4 Rr ' 30 amendments (if any) are no longer in effect. � VPN 3: 25 • Note: If your agreement is grant related,please ensure that all grant retention requirements CITY o: q r �� have been satisfied prior to signing the termination form. V r' Tr1ANA Is the agreement(s)a permanent record?Yes No I L . 1Jr Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with tNaat Nmutniip soudfTI IS S i► No. 4 ' 2.0 lc. 1e3 was completed on 01 0 I t1 and final payment has been made. (List all amendments. Use space below if needed.) Department: Prn;- Phone/Ext.: 3$f Signature: Date: ' °) -3-12 Revised:10-18-16 fNSURANGE ON FILE WORit ft4AY PROCEED TIL IMURANGE EXPIRES LLRK OF GOUN 6f, 1 62015 N-2015-183 DATE- AT- Z) CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this l% day of November 2015 by and etween Engineering Solutions Services ("Consultant') and the City of Santa Ana, a charter city 0&tuand municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in providing assistance in the preparation of government funding application services for Water and. Sewer Rehabilitation Programs. B. On July 16, 2015, the City released an informal bid by which it sought a qualified firm to provide the services described in the Informal Bid Request -Scope of Work (Exhibit A). C. Consultant represents that Consultant is licensed by the State of California and is able and willing to provide such services to the City. D. 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 irom 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 perform those services as set forth in the Exhibit A and incorporated by reference to this Agreement. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. Consultant also agrees to meet the project schedule attached as part of Exhibit B. The total sum to be expended render this Agreement shall not exceed Twenty -Five Thousand Dollars ($25,000) during the term of this Agreement. b. Payment by City shall be made within forty-five days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Page 1 of 9 Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM The term of this Agreement shall commence on the date first written above and terminate on September 30, 2017, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and the City Attorney 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE 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, employees, agents, Page 2 of 9 volunteers and representatives 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, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached as Exhibit C upon execution of this Agreement. 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. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for Workers' 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. If Consultant is or employs a licensed professional such as an architect or engineer: Professional Liability (Errors and Omissions) Insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 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 by the City. (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. (iv.) Consultant shall supply City with a fully executed additional insured endorsement. Page 3 of 9 If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to finish 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 terminate this Agreement. Such termination shall not affect 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. INDEMNIFICATION Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages; just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Consultant. 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. In no case will Consultant be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimunn period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shalt allow inspection of Page 4 of 9 all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant received 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 fitrther 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 rightfal possession of the Consultant and disclosed without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would, conflict in any manner with performance of services specified under this Agreement. 12. 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, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk ofthe Council City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92701 Fax 714-647-6956 With courtesy copies to: Fred Mousavipour Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) Page 5 of 9 P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5622 And City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 To Consultant: Santa Ana, CA 92702 Fax (714) 647-6515 Engineering Solutions Services 2182 Dupont Drive, Suite 201 Irvine, California 92612 Office 949-797-6055 Mobile 949-637-1405 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. A party may change its address by giving notice in writing to the other party. Thereafter, any comrmmication 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, 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail and will serve to frilly supersede existing Agreement. 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 terns or conditions of any purchase order or other instrument that are inconsistent Page 6 o f 9 with, or in addition to, that terms or 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 parties which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assigmnent, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice of termination to the Consultant. a. As a condition of such payment, the City may require Consultant to deliver to the City all the 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 that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICITON - 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 farther 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. Page 7 o f 9 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for tennination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the 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. CITY OF SANTA ANA ATTEST: MARIA D. HUI.7_AR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: �j E SANDOVA"L-�_ Nhief Assistant City Attorney DAVID CA ZOS X City Manager EJ Page 8 of 9 YRECO MENDE FOR APPROVAL: CONSULTANT: R D MOUSAVIPOUR Engineering Solutiorvices Executive Director II Public Works Agency By: S• 5h� Tax ID# q�- o61. ,2�L> Page 9 of 9 Exhibit A INFORMAL BID REQUEST STATE REVOLVING FUND FINANCIAL PROPOSAL ASSISTANCE INTRODUCTION / PROJECT DESCRIPTION The City of Santa Ana is seeking a qualified firm capable of providing assistance in the preparation of government funding application services for the City's Water and Sewer Rehabilitation Programs. City of Santa Ana desires to start the rehabilitation of its water and sewer infrastructure as early as possible, now that the water and sewer rate adjustments have been approved by Council and implemented. The two options considered to fund the water and sewer rehabilitation programs include public bond issues and the use of a State Revolving Fund (SRF) loan. While the SRF loan is the more cost effective approach to financing, the process to prepare the application is known to be complicated and time consuming. To ensure the City obtains SRF loan approval in the most expeditious manner, the City desires to engage a consulting firm to help navigate and manage the loan process. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications must be made in writing via e-mail to Margaret Mercer (Project Manager) by Tuesday, July 25, 2015. The e-mail must contain the following title in the Subject line: "SRF Application Assistance — Informal Bid Question". No verbal requests or responses will be accepted. Significant interpretations or clarifications will be transmitted to all recipients of this Informal Bid Request via e-mail. LICENSES & PERMITS The selected Consultant will be required to obtain a City of Santa Ana business license within ten (10) business days of selection and must provide a copy to the Project Manager prior to commencing any work in Santa Ana. INSURANCE The selected Consultant must provide the required evidence of insurance coverage as set forth in the sample agreement within ten (10) business days after receipt of notice of selection. PAYMENT INFORMATION PACKET The selected Consultant shall return a completed payment information packet within ten (10) business days after receipt of notice that the agreement has been awarded. The packet is available on the City's website: htto://santa-ana.org/bids-rfos. CITY RIGHT TO REJECT The City reserves the right to reject any or all bids submitted and no representation is made hereby that any agreement will be awarded pursuant to this request or otherwise. SCOPE OF WORK Consultant shall assist the City staff with the preparation and timely processing of State Revolving Fund Loan applications for the funding of the City's Water and Sewer Rehabilitation Program (Project). Consultant shall work closely with City staff responsible for preparation of the application packages.. Consultant will provide recommendations and guide staff in preparing high quality application packages to expedite approval and turn -around time. Consultant's tasks shall include but not be limited to the following: 1. Project Administration a. City Representation Consultant shall serve as a direct liaison for the City with the State of California Revolving Fund Programs. Consultant shall arrange for meetings and communication between the State departments and City staff as needed to ensure timely process of the applications within the State SRF departments. b. Process Development Consultant shall provide the City with recommendations and strategies to receive the required funding with the greatest flexibility in optimum time. Consultant must be capable of discussing alternatives and making recommendations that will be acceptable to both the State SRF departments and meet the City's objectives. This includes scope of work, cost estimates schedule, and other pertinent details required in various parts of the SRF applications. c. Presentation Assistance Consultant shall assist the City staff with PowerPoint presentations, presentation boards, or other presentation materials required to adequately describe the Project to the State Water Resources Control Board (SWRCB). d. Meetings and Conference Calls Consultant shall attend progress meetings and/or conference calls with City staff to provide Project updates and to identify outstanding Project issues (up to 5 meetings, one of which includes the start-up meeting). Consultant shall attend the kick-off meeting with SWRCB to introduce the Project, as well as other meetings with SRF, as needed. 2. Pre -Application Preparation Consultant shall meet with the City Staff to review the City's documents and to determine if any other information is needed from City to meet the SRF loan application requirements. Consultant shall prepare a schedule for submittal of applications and submit to City for approval. 2 3. Application Submittal Consultant shall assist the City staff in preparing high-quality application packages (General, Environmental, Technical, and Financial). City staff will be responsible for preparation of the various packages under the guidance from the Consultant. Consultant shall coordinate with City staff to prepare a loan application to submit to SWRCB. Documentation to be prepared will include the State's Application Form and the various attachments required to initiate the State's review of the Project. Submittals necessary to complete SRF application include but are not limited to: General Information Package — Consultant shall assist staff with completing and submitting the General Information Package to SWRCB. Package includes information such as Project Description, preliminary cost estimate, and benefits summary used to assist the SWRCB in categorizing Project. Consultant shall assist in presenting the Sustainability Goals of the projects to assure obtaining the priority points considered for this section of the application. • Technical Package Consultant shall assist staff with completing and submitting the Technical Package to SWRCB, including all necessary data, reports, tables, and figures for successful presentation of the SRF -required Project Report. Consultant shall review the draft Project Report prepared by City staff and make recommendations for a Final Project Report submittal to the SRF staff. • Consultant shall work with the City staff assigned to this project and review all current Project technical information to ensure that all the presented information are current, and that the City is compliant with all State required discharge and conservation measures. Environmental Package — Consultant shall review City's environmental documents and assist in completion and submittal of the Environmental Package to SWRCB. Consultant shall ensure that City complies with any additional requirements that may be needed. Financial Security Package — Consultant shall work with the City's Finance Department and guide the staff in presentation and completion of the Financial Security Package to SWRCB. Consultant shall work with the City's Director of Finance to ensure that required audited financials and budgets, and any legal opinions or resolutions relevant to the Package have been included. Consultant shall advise and coordinate the submittal of any documents (i.e., resolutions, tax questionnaires, etc.) prepared by others that are required for the application and ensure they are submitted by the SWRCB deadlines. Consultant shall ensure that all documents necessary for a successful application are prepared and submitted 4. Assist with Review of Financing Agreement Consultant shall assist with the review of the SWRCB standard agreement and guide preparation of the appendices to the Agreement. 5. Additional Supporting Documentation Consultant may be asked to prepare any portions of the application packages if City staff is unable to meet the schedule. In such an event, Consultant shall be provided direction to prepare the applications based on a time and material or an agreed fee. PROJECT BUDGET AND BID EVALUATION CRITERIA The City's budget for the Project is not to exceed $25,000. Proposals for this work will be evaluated based on the following criteria: • Firm/Team Experience 30% • Relevant Project Experience 30% • Understanding of Need 20% • Proposed Schedule 10% • References 10% The Proposed Schedule must indicate the total level of effort for the team in hours required to complete each scheduled task. Consultant's submittal must also include the Consultant's Standard Hourly Fee Schedule and/or a Project Fee Schedule. CONTACT INFORMATION Project Manager: Margaret Mercer, PWA Administrative Services Manager Address: CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Phone: (714)647-5050 E-mail: mmercer@santa-ana.org KEY DATES Issue date: Thursday, July 16, 2015 Request for Info Deadline: Wednesday, July 22, 2015 Submittal Due Date: Thursday, July 30, 2015, by 3:00 p.m. (via e-mail) Project Award Date: Friday, July 31, 2015 19 Proposal for a SRF Loan Application _ City of Santa Ana FELE Schedule FEE Schedule Discipline Hourly Rate Principal/Project Manager $110 Project Engineer $65 Clerical $45 Reimbursable Cost Reproduction Cost courier Services Cost Transportation 0.57 per mile Consultant Services I Cost +15% 11 Page n ineering ajolutions cervices REVISED 0 Proposal for a SRF Loan Application City of Santa Ana Estimated Project Schedule (To be Refined with City Staff} The below schedule provides a general outline for the timing of various submittals and can be adjusted to accommodates City's goals and City staff availability. ESS is available to start and proceed immediately. 1 Notice to Proceed 11/15/2015 City 2 General Application Submittal 12/15/2015 ESS/ City staff Kick Off meeting with SCRWB 12/15/2015 ESS 3 City Council Meeting — Approve SRF Resolution designating an authorized representative and stating intention to use State Revolving Funds to fund the project 12/30/2015 City 4 Environmental Submittal 1/15/2015 ESS/ City staff 5 Technical Submittal 2/30/2015 ESS/ City staff 6 Financial Submittal 3/30/2015 ESS/City staff 7 City CouncilMeeting Commit revenue source to repayment of SWRCB loan 4/15/2015 City PW &Finance Director/Counsel 8 Execute Funding Commitment and Installment Sales Agreement 5/31/2016 SWRCB/City 9 1` Disbursement Request to SWRCB TBD City or ESS 10 1" Disbursement to City TBD- Start of Project SWRCB 11 End Construction TBD Contractor/ City 12 Regular Disbursement Requests and quarterly reports submitted through construction up to 6mos. after complete TBD SWRCB Coordinator/City 17 Final Project Inspection (within one year of initiating operation) _ TBD SWRCB 18 Project Performance Report and Certification (certify project meets established performance standards) TBD City 19 Project Closeout/Finalize loan repayment schedule _ _ TBD City/SWRCB Coordinator/ SWRCB 20 Begin Loan Repayment (20 years) TBD City Igoy e3 vrartiscnermie mr iIII Piememmig a �iv5ne ioen ror me t -ay or aama Ana. KeyPersonnel As Project Manager, SudiShoja, PE will be primary point of contact to the City of Santa Anaand Public Works financing/'engineering team for thewater and sewer SRF application. She will personally oversee this project and any additional contract work that ESS performs for the City. In this capacity, she will work with City staff to establish a schedule and scope of work as well as assistance with various resolutions that will need to be considered by City Council as part of initiating the SRF process. 7 1 Page n iiieerin ervices Exhibit C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following; 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional Insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such Insurance as is afforded by this policy is primary and is not additional to or contributing with any other Insurance carried by or for the benefit of the additional insureds. 3, This insurance applies separately to each Insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4, With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage. or limits except after thirty (30) days written notice has been -given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named In Countersigned by Authorized Representative 10 CERTIFICATE OF LIABILITY INSURANCE 11. /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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiloy(ies) must Be endorsed, if SUBROGATION IS WAIVED, subject to the term$ and Conditions OP the policy, certain policies may require an endorsement, A statement onthis cartificate does not confer rights to the certificate holder In lieu of such andersemanda). PRODUCER PRIME INSURANCE SERVICES, INC. 9891 IRVINE CENTER DRIVE #160 IRVINE, CA 92618-4319 LIC #0049024 UUNIACI NAME: TARA PHCNE 949-450-'2310NGt949-450-2311 tioDREssTARA@PRIMEPOLICY.COM ------ __ tN811RER181 AFFORDING COVERAGE rygiGp ___ __ INSURER A, SENTINEL INSUfOANCE COMPANY 1.1000 INSURED ENGINEERING SOLUTIONS ERV—ICES 2182 Dupont Drive suite 201 IRVINE,, CA 92612 (949)637-1405 (949)637-1405 INSURER S,.RARTEORD Nou"New""Tra INSURANCE COMPANY 24046 INSURERC RLI INSURANCE COMPANY 28860 Pull - —. INSURER E: 1 INSURER F _ 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIR.TR TYPE OF INSURANCE DPL a POLICY NUMBERM L E Y MMI DIY W' LIMITS X COMINCRC1AL GENERAL EACH OCCURRENCE $ 2 OOO 000 I r �LI�ABjILITY CLAIMOCCUR S -MADE L" -DXMAOT-."f0'RERTED— PRE 1 5 tEa ocraerar_ vry $ 1, 000 000 MED EXP (ARy oho paraGrtl 8 10 000 PERSONAL &ADV INJURY $ 2,000,000 A Y 72SBAIT9447 tle/19{Z416 48/19/2016 AGGREGATE LIMIT APPLIES PER GENERAL. AGGREGATE $ 4 , 000 , 000 BERL X POLICY ECET LOC PRODUCTS • COMP@P AGG It 4,000,000 $ OTHER AUTOMOBILE LIABILITYEa BINE $ M1E BODILY INJURY (Per person) $ ANYAUTO ^' ALL OWNED SCHEDULED BODILY INJURY Por accident) 1 ) $ AUTO$ AUTOS HIRED AUTOS N01HOWNED AUTOS RbREAT4�0AF.TAG1:""- Per accident $ UMSREL,A LIAR OCCUREACH OCCURRENCE $ EXCESS LAD CLAIMS-MAOE AGGREGATE it DED RETENTIONS $ WORKERS COMPENSATION ]C STATUTE ER AND EMPLOYERS' LIABILITY yIN EL, EACH ACCIDENT Vi } ^/�/'y. $ 1 L()(J V V V LO- ._/ B ANY PROPRlEn]WPARTNF_I21E.fEClllelE �v NIA HAGophWREMEER EXCLUDED? L`..`__� IM11yymMetpN In NM 72WECGG6484 8/20/2015 0/20/2016---LO— E.C. DISEASE - EA EMPLOYE i-1-1 000_000 it E.I. DISEASE POLICY LIMIT S 1 000 000 DESGRIP7ON OFOPERATIONSbalm A BUSINESS PERSONAL PROPERTY 72SBAIT9447 08/19/2015 p8/19/2016 R. P.P $11,000 1 AGGREGATE $2,000,000 C PROFESSIONAL LIABILITY RTP0006252 tl0f?9/2016 pa/29/2Q16 EACH ERR ACT 1 000 OOO DESCRIPTION OP OPERATIONS I LOCATIONS f VEHICLES (ACORU 101, Add conal Remarks Schedule, may be adoohed it mare space Is required) THOSE USUAL TO TME INSURED'S OPERATION. THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED WITH LIABILITY LIMITED TO CLAIMS ARISING OUT OF TWSURED-S OPERATION ONLY.THE INSURANCE COVERAGE PROVIDED BY THE INSUASIC IS PRIMARY AND NON-COPINTRUTORY WITH ANY INSURANCP, OR SELF INSURANCE CARRIED BY AN ADDITIONAL INSURED. THERE WILL BE A 30 DAYS CANCELLATION NOTICE PROVIDED. REVIEWED 8Y: , EUNICE HEREMA (PG / OF ADDITIONAL INSURED: CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRFSBNTATIVE i ©1988-2014 ACORD CORPORATION. All rights Ceserved. ACORD25(2014101) 'rhe ACORD name and logo aro registered marks of ACORD AC"R®® CERTIFICATE OF LIABILITY INSURANCE `l DATE(MMMDIYYYY) 12/03/2015 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 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. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER NTA T NAME: Jim Miller(9761314) E 951-777-2450 FaAxC, Nel: 951-848-9803 PHONIN E-MAIL imilierl@farmemagent.com 4160 Temescal Canyon Rd Ste 206 INSURERIS) AFFORDING COVERAGE NAIC p INSURER A: Truck Insurance Exchange 21709 Corona CA 92883-4627 INSURED INSURER B: Farmers Insurance Exchange 21652 INSURER C: Mid Century Insurance Company 21687 ENGINEERING SOLUTION SERVICES INSURER D: 2182 DUPONT DR STE 201 INSURER E: 1 INSURER F: IRVINE CA 91612 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 POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AML SUBS POLICY NUMBER POLIGYEFF MMIDDIYYYY POLIGYEXP MMIDD/YYVY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ee wcurcence $ CLAIMS -MADE ❑ OCCUR MED EXP Any one person $ PERSONAL S AOV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP ADD _ $ IPCT POLICY PRO- n LOC $ AUTOMOBILE LIABILITY _ COMBINED SINGLE LIMIT COMBINED 2,000,000 BODILY INJURY (Par parson) $ ANY AUTO B ALL OWNED X SCHEDULED AUTOS AUTOS Y 605822922 03112/2015 03/12/2016 BODILY INJURY (Par accident) $ PROPERTY DAMAGE ci $ X HIRED AUTOS NON-OWNEO /� AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEDT I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER)EXECUTIVE WC STATU- OTH- TQRY t IMIJS ER E,L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E,L. DISEASE -EA EMPLOYEE $ E.L. DISEASE, POLICY LIMIT $ Ifyes, describe under DE SC RIK ON OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) 2014 TOYOTA PRIUS V; VIN: JTDKN3DU1 El 759055 REVIEWED BY; 41�EUNICE HEREDIA (PGZ OFB). CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) r 0'1988.2010 ACORD CORPORATION. All rights reserved. - __-- -- TheACORDname and logo are registered marksof ACORD --___- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPR ENTATIVE _ /AUTHORIZED ACORD 25 (2010/05) r 0'1988.2010 ACORD CORPORATION. All rights reserved. - __-- -- TheACORDname and logo are registered marksof ACORD --___- REGIONAL OFFICE INSTRUCTION SHEET POLICY NUMBER: 72 SBA IT9447 SC CHANGE NUMBER: 002 CHANGE EFF DATE: 11/23/15 ROUTING INSTRUCTIONS _SEND TO RECORDS. TRANSFER CORR IF APPLICABLE. TERMINAL ID: R022VEMD OPER INIT: CRR 11/23/15 72 SBA IT9447 SC (08/19/16) PAGE 1 BY: 11t, /f�l_ - A , EUNICE HEREDIA (PG 5OF POLICY FACE SHEET 47 94 INSURER: IT SENTINEL INSURANCE COMPANY, LIMITED SBA POLICY NO. 72 SBA IT9447 SC DECLARATIONS ITEMS 1. NAMED INSURED AND MAILING ADDRESS: 2. POLICY PERIOD: CHANGE NO.: 002 CHANGE EFF DATE: 11/23/15 RECORDS RETENTION - PERMANENT SUDABEH SHOJA DBA ENGINEERING SOLUTIONS SERVICES 2182 DUPONT DR STE 201 IRVINE, ORANGE CO. CA. 92612 06/19/15 08/19/16 1 INCEPTION EXPIRATION YEAR AGENT'S CODE: 186083 AGENT'S NAME: PRIME INSURANCE SERVICES INC PREVIOUS POLICY NO. 72 SBA IT9447 3. THE NAMED INSURED IS: INDIVIDUAL POLICY STATUS: ACTIVE LOB LEVEL OF SUPPORT: SP -S MARKET SEGMENTATION: 830 SELECT CUSTOMER DIRECT ACCOUNT BILL NUMBER - 14206054 DEDUCTIBLE ADDITIONAL INSURED(S) CODING ENTRY NOT REQUIRED CODING ENTRY NOT REQUIRED TRANS TYPE: ENDT CNTL#: 005 POLICY FACE SHEET TERMINAL ID: R022VEMD PAGE 2 11/23/15 72 SBA IT9447 SC (08/19/16) REVIEWED BY: //L.. W EUNICE HEREDIA (PG V OF ) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 72 SBA IT9447 SC Named Insured and Mailing Address; SUDABEH SHOJA DBA ENGINEERING SOLUTIONS SERVICES 2182 DUPONT DR STE 201 IRVINE CA 92612 Policy Change Effective Date: 11/23/15 Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: 002 Agent Name: PRIME INSURANCE SERVICES INC Code: 186083 POLICY CHANGES: SENTINEL INSURANCE COMPANY, LIMITED ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE FORM NUMBERS OF ENDORSEMENTS REVISED AT ENDORSEMENT ISSUE: I1112001185 ADDITIONAL INSURED - PERSON -ORGANIZATION PRO DATA FACTOR: 0.751 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 1211 04 05 T Page on Process Date: 11/23/15 Policy Effective Date: 08/19/15 / Policy Expiration Date: 08/19/16 REVIEWEDBY: "ry `` EUNICEVIEREDIA(fir'DOF b) POLICY NUMBER: 72 SEA IT9447 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION CITY OF SAN MARCOS, CITY OF SAN MARCOS AS SUCCESSOR AGENCY TO THE SAN MARCOS REDEVELOPMENT AGENCY, AND THEIR ELECTED AND APPOINTED BOARDS, OFFICERS, AGENTS, AND EMPLOYEES ARE ADDITIONAL INSUREDS WITH RESPECT TO THIS SUBJECT, PROJECT, AND CONTRACT WITH CITY. 201 MATA WAY SAN MARCOS, CA 92069 SOUTHERN CALIFORNIA GAS COMPANY AND ITS PARENT COMPANY, SEMPRA ENERGY ITS SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENATIVES, SUCCESORS AND ASSIGNS 501 W BROADWAY STE A SAN DIEGO, CA 92101 CITY OF COMMERCE, CITY OF COMMERCE AS SUCCESSOR AGENCY TO THE COMMERCE REDEVELOPMENT AGENCY, AND THEIR ELECTED AND APPOINTED BOARDS, OFFICERS, AGENTS, AND EMPLOYEES ARE ADDITIONAL INSUREDS WITH RESPECT TO THIS SUBJECT, PROJECT, AND CONTRACT WITH CITY. 2535 COMMERCE WAY COMMERCE CA 90040 THE CITY OF REDONDO BEACH IT'S OFFICERS, ELECTED AND APPOINTED OFFICIALS, EMPLOYEES AND VOLUNTEERS 415 DIAMOND STREET REDONDO BEACH, CA 90277 TRANSYSTEMS 6 HUTTON CENTER DRIVE STE 1250 SANTA ANA, CA. 92707 LOC 001 BLDG 001 ORANGE COUNTY TRANSPORTATION AUTHORITY 550 S. MAIN ST ORANGE, CA 92868 PACIFIC ARCHITECTURE AND ENGINEERING 25307 MALIBU ROAD MALIBU, CA 90265 Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 001 (CONTINUED ON NEXT PAGE) Process Date: 11/23/15 /Expiration Date: 08/19/16 POLICY NUMBER: 72 SBA IT9447 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA SANTA ANA CA 92702 Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 002 (CONTINUED ON NEXT PAGE) Process Date: 11/23/15 /Expiration Date: 08/19/16 REVIEWED BY: vIj✓%1id L " EUNICE HEREDIA (PG70F Y) PRODUCER'S FACT SHEET NAMED INSURED: SUDABEH SHOJA DBA ENGINEERING SOLUTIONS SERVICES POL #: 72 SBA IT9447 SC PRODUCER'S NAME: PRODUCER'S CODE: 186063 PRIME INSURANCE SERVICES INC POL EFF DATE: 08/19/15 POL EXP DATE: 08/19/16 DIRECT ACCOUNT BILL NUMBER - 14206054 TRANSACTION TYPE: ENDORSEMENT ENDORSEMENT PREMIUM: $0.00 NON -PREMIUM BEARING FORM SS 12 11 04 05 IH 12 00 11 85 TRANS EFF DATE: 11/23/15 CHANGE NO.: 002 TITLE POLICY CHANGE ADDITIONAL INSURED - PERSON -ORGANIZATION PRODUCER'S FACT SHEET PAGE 1 11/23/15 72 SBA IT9447 SC (08/19/16) REVIEWED BY: I/m/ (/1 /,. L • EUNICE FIEREDIA (PG _60F 5)