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HomeMy WebLinkAboutULTRASYSTEMS ENVIRONMENTAL, INC.INSURANCE NOT ON FILE WORK MAY f DI PROCEED CLERK OF COUNCIL_ DATE: AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL SERVICES RELATED TO CEQA AND NEPA A-2017-265-29 THIS AGREEMENT is made and entered into this I Uh day of December 2018, by and between UltraSystems Environmental Inc.("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. On June 7, 2017, the City issued Request for Qualification No. 17-043, by which it sought Consultants to provide on -call environmental services for the Planning and Building Agency of the City of Santa Ana. The scope of work may include any and all work efforts related to analysis of a proposed project for compliance with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements services on an as -needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 17-043 and attached as Exhibit A. C. Consultant has been selected as one of the thirty-one (31) vendors which qualified for this engagement. Only those consultants approved by the City Council on October 3, 2017, shall be eligible to be engaged by the City for these services. 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 from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of a letter agreement, executed by the Executive Director of the Planning and Building Agency and the Consultant. Page I of I I 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation for services provided for development projects is determined upon submission of payment to the City for the full cost of the services from a developer. The Consultant shall perform the services and when the environmental report is completed, the City will pay the consultant for the completed work based upon the costs paid to the City by the developer, minus administrative costs. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue until October 2, 2020, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, 5. 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 Page 2 of 11 security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 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, employees, agents, 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. 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 California 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 Page 3 of 11 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. 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 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. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, 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 terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the Page 4 of 11 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential 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. Page 5 of I 1 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax:714-647-5897 To Consultant: Betsy A. Lindsay/ CEO, ENV SP UltraSystems Environmental Inc. 16431 Scientific Way. Irvine, CA 92618 Tel.: 949-788-4900 ext. 227 Fax: 949-788-4901 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. Page 6 of 1 I 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and 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. Page 7 of 11 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. --signature page to fallow -- Page 8 of I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA L MARIA D. HUIZAR--y RAUL GODINEZ I Clerk of the Council City Manager APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: ':-- Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL c --eu�- MINH THAI Executive Director Planning and Building Agency CONSULTANT UltraSystems Environmental Inc. Betsyk L say —. President/CEO, ENV SP Page 9 of 11 EXHIBIT A SCOPE OF SERVICES Page 10 of I 1 •: QUALIFICATIONS FOR ENVIRONMENTAL AND PLANNINGSERVICES •: FTRANSPO GROUP I Traffic, Circolation, Access, Parking transpo , tr The Transpo Group is a specialty transportation planning and engineering services corporation. Since 1975, we have worked for public and private sector clients. The Transpo Group is a privately -held company with over 100 planners and engineers in our offices in California, Washington and the Middle East. The Transpo Group specifically focuses on assisting public agencies with full spectrum transportation planning and engineering solutions. Increasingly, communities understand and demand that transportation systems work for people, not just vehicles. The Transpo Group has been a leader in transportation planning that encompasses bicycles, pedestrians, transit and vehicles for over 40 years. The Transpo Group combines the talents of transportation engineers, systems engineers, system integrators and transportation planners to bring to the industry a unique combination of talents and experience when it comes to developing and applying traffic engineering solutions. Meghan Macias is a senior -level transportation planner/traffic engineer with over 17 years of experience. Ms. Macias has worked on numerous and varied projects through California including land development, infrastructure, active transportation and Master/Specific/General Plans. She has a proven track -record of managing complicated and controversial projects to achieve defensible and implementable solutions to technical issues. Ms. Macias' expertise in traffic engineering and operations analysis methodologies is completed by her knowledge of the CEQA. EDUCATION <• M.S., Urban and Regional Planning, University of California, Irvine o• B.A, Geography, California State University, Fullerton PROFESSIONAL REGISTRATION • Transportation Engineer 3.0 SCOPE OF SERVICES UltraSystems would be providing all services noted under Categories A and B. • Initial Study • Environmental Impact Report (Program, Focused, Master, Staged) • Notice of Preparation • EIR Addendum, Supplemental EIR, Subsequent FIR • Notice of Availability • Mitigation and Monitoring Program • Notice of Determination • Response to Comments • Categorical Exemption • Statement of Overriding Considerations • Negative Declaration • NEPA compliance documents • Air Quality Study • Noise Impact Study • Biological Resource Assessment • Cultural Resource Study • Environmental Site Assessments • Geological/Soil Study • Greenhouse Gas Assessment • Health Risk Assessment • Historical Resource Assessment • Hydrology/Water Quality Study • Water Supply Assessment • Mineral Resource Study • Traffic Study • Tribal Cultural Resources •i• QUALIFICATIONS FOR ENVIRONMENTAL AND PLANNING SERVICES •:' CEQA Studies and Compliance Services - Typical Work Approach. UltraSystems bring to the City the immediate availability of technical depth and expertise necessary to fulfill all requirements. We see the key elements required under CEQA/NEPA and technical studies a to include: • Preparation of CEQA/NEPA documents, ranging from Categorical Exemptions/Exclusions, Initial Studies/Mitigated Negative Declarations to EIRs/EISs; • Coordinating with external agencies and the public, as necessary; • Acting as an extension of City staff to complete environmental deliverables, and obtain regulatory approvals; • Familiarity and compliance with FAA and ALUC requirements; • Familiarity and compliance with Caltrans District 12, and local assistance programs for public -agency initiated projects; • Preparing and implementing mitigation monitoring and reporting programs; ® Preparing technical studies (e.g., air quality, biological resources, cultural resources, GHG, socioeconomic, noise, hydrology and water quality, land use, etc.) to support the CEQA/NEPA environmental documents; • Providing comprehensive outreach and stakeholder meetings, when necessary; and • Providing technical support during public hearings, to regulatory agencies or to City Council. The UltraSystems project team (lead by Betsy Lindsay, MURP, Sr. Project Manager and Hina Gupta, MURP, LEED- AP, Deputy Project Manager) are fully equipped to undertake the completion of the CEQA/NEPA project -level environmental documents for the City. Presented below are Ivey environmental issues that would typically be included within most CEQA/NEPA environmental documents. 3.1 Key Environmental Issues Generally, the following topical areas are included in some capacity within an environmental document. The topical issues are based on the complexity of the project. They, include the following: 1 Traffic I Access I Circulation 2 Air uali GHG - 3 Blolo ical Resources I RegulatorPermitting, 4 Nelse I Vibration S Enerav 6 Land Use I Open Space I New Growth Issues I Parks anti Recreation. 7 Socioeconomics I Communities I Environmantal justice 8 1 Geolov I Soils I Seismicitv and Wdroloev and Water Resources 9 Aesthetics I Visual Resources I Computer Sims I 3DVisuals 10 Public Services I Utilities ._.�___'.��^^....._...._._.__.._ 11 Hazardous Wastes and Materials I Health Risk Assessment 12 Cultural Resources I Historical Resources Native American Coordination 13 Community Outreach Page 8 Ultra Svstems UEI No.170609 EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page I I of I I EXHIBIT B - FEE SCHEDULE w ❖ QUALIFICATIONS FOR ENVIRONMENTAL AND PLANNING SERVICES •:• 7.0 RATE SHEET ULTRASYS1 EMS PROFESSIONAL STAFF Principal $185 Director $175 Senior Protect Manager __. Pro'ect Mana er $165 $160 _ _ _ Senior Principal Engineer $175 Senior Scientist En ineer $165 Scientist En ineer $150 Staff Scientist En ineer $140 Senior Planner $125 Associate Planner $120 Planner Environmental Anal st $110 . Senior Biolo ist II Senior Biologist I $130 $125 Staff Biologist ll $120 Staff Biologist 1 $110 Associate Biologist $100 Cultural5 ecialist $135 Archaeologist $120 Cultural Monitor $85 Senior GlS Analyst GIS Technician Word Processor Excavation Screen $S $100 $75 $20 Field Supplies shovels, health and safety, flagging, binoculars, etc. $15 $60 Garmin CPS non -Trimble $5 $20 Wad Data Tablet $25 $100 Kestrel Anemometer ore uivalentl $5 $20 Photoionization detector (PID) orequivalent $100 _ $400 Quest SoundPro SP-DL-1-1 3 Sound Level Meter ore uivalent $110 $440 RKI GX-2003 Multi -Gas Meter forequivalent) $65 _ _ $260 Trimble Geo7x GPS Unit with Rangefinder ore uivalent $120 $560 XRF Anal er $95 $380 '0 Effective January 2017 ePage '19 L[ICraS stms _.. ,. Y _- IJEI No. 170609 ; I M^� ULTRENV-01 JRUSSE c ►Rp CERTIFICATE OF LIABILITY INSURANCE DATE(MM')n4 YY) .....^" nnlnaiona Y 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rlohts to the certificate holder In lieu of such endorsement(s). PRODUCER -' _ Rogger Stone Insurance Agency PAHtOON, No. Extx (gig) 757-0274 ice, No):(940)75T-0375 5015 Birch Street --_ Newport Beach, CA 92660 E . customerserviceCstoneins.com INSURED Uitrasystems Environmental Inc. 16431 Scientific Way Irvine, CA 92618 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. INSR TYPE OF INSURANCE AOOL SUBR POLICY NUMBER X COMMERCIAL GENERAL LIABILITY POLICY EFF POLICY EXPjwAn LIMITS EACH OCCURRENCE 5,000,000 A � CLAIMS -MADE L"IOCCUR X FEIECC1110704 11/10/2016 11I10/201T DAMAGE �50r000 X Contr Poll Liability 5,000 MED EXP An one re n PERSONALS AOV INJURY 51000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERALAGGREGAI "E g 6,0O00 Q0 X POLICY❑J2 LOC 5'000,000 PRODUCTS- MPIOP AGG OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acc'denl) 1000000 ANY AUTO FEIECC1110704 11/1012016 11/10/2017 BODILY INJURY Per person OWNED SCHEDULED AUTOS ONLY AAUTO.00SWW - BODILY INJURY tPergcclden! pp X A�RRS ONLY X ANUOTOSON&LY PROacECSRdTMenf AMAGE UMBRELLA LIAB OCCUR EACH OCCURREN E EXCESS LIAB CLAIMS -MADE 4 AGGREGATE DED RETENTION$ B WORKERS COMPENSATION X OTH- PER AND EMPLOYERTLIABILITY YIN 16319314 0910112016 09101/2017 1,000,000 9TgO��PEA%HCLC UDED? EC E.L. EACH ACCIDENT _ pApNpF�PREROIPPME ❑ NIA In NH) 1,g60,000 tManda. E.L. DISEASE EA EMPLOYEE If yas, describe under 1,OOQ000 DE SCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT A Professional Llab FEIECC1110704 11/10/2016 11/1012017 Each Occurrence 5,000,000 A Professional Liab FEIECC1110704 11110/2016 11/10/2017 Aggregate 5,000,000 DESCRIPIRON OF OPERATIONS I LOCATIONS i VEHICLES (ACORD 101, Addalanai Remarks Schedule, may be attached a mere space Is required) RE: BASE Contract City of Santa Ana On -Call Environmental 2017 The City of Santa Ana, its officers, employees, agents and representatives are named Additional Insured as respects General Liability per form ECC-501.0712 attached. Insurance is primarylnon-contributory. City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHPPEOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ff ACORD 26 (2016103) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ultrasystems Environmental Inc Endorsement Number: 20 ADMIMAG �akmvu Amendatory Endorsement This endorsement, effective 11/10/2016 attaches to and forms a part of Policy Number FEI-ECC-1 1107-04. This endorsement changes the Policy. Please read it carefully. It is hereby understood and agreed that the Additional Insured is added as part of the Commercial General Liability Policy as follows: 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. ECC-501-0712 ULTRENV-01 JRUSSELI ACoizo CERTIFICATE OF LIABILITY INSURANCE OnrE13120 19 3/1/209 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Roger Stone Insurance Agency 5015 Birch Street Newport Beach, CA 92660 CONTA ME:CT PHONE FAX (A/C, No, Ezt): (949) 757-0270 ,AX No :(949) 757-0375 AAA,,. customerservice@stoneins.com INSURERS AFFORDING COVERAGE NAIC If INSURER A : Admiral Insurance CO. 24656 INSURED INSURER B:Republic Indemni Company 22179 INSURER C : U Itrasystems Environmental Inc. INSURER D: 16431 Scientific Way Irvine, CA 92618 INSURER E NSURER 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 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FK OCCUR Contr Poll Liability X FEIECC1110706 11110/2018 1111012019 EACH OCCURRENCE $ 5,000,000 DAMAGE TO RENTED^. PREMISES (Ea c)X $ 50,000 GEN'L X MED EXP (Any one Ptnaml $ 5,000 PERSONAL B ADV INJURY 5,000,000 AGGREGATE LIM IT APPLIES PER: POLICY El m1:1 LOC OTHER: GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OP AGO 5,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO AUUTEOS ONLY AUUTO{SSU�ED AUTOS ONLY X AUTOS ONtfD FEIECC1110706 lllIO12018 11110/2019 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Per erson $ BODILY INJURY Peraoatlenl $ X f�er0aw�'tle^I SAGE $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE DED RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN AA{1NY PROPRIETO��Rg�jPARTNER ECUTIVE ❑ (ManJERIMEMNH) EXCLUDED? se be under under1,000,000 DESCRIPTION OF OPERATIONS below NIA 16319316 91112018 9/112019 X PERETH- E.L. EACH ACCIDENT 1,OO 1 E.L. DISEASE - EA EMPLOYE 1,000,000 $ E.L DISEASE - POLICY LIMIT $ A A Professional Liab Professional Liab FEIECC1110706 FEIECC1110706 11/1012018 11/1012018 11110/2019 11110/2019 Each Occurrence Aggregate 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: Environmental consulting - BASE Contract City of Santa Ana On -Call Environmental The City of Santa Ana, Its officers, employees, agents and representatives are named Additional Insured as respects General Liability per form ECC-501-0712 attached. Insurance is primary/non-contributory. 3( Y2hlIP�'�- f"CP, City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ff ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Rio Ultrasystems Environmental Inc Endorsement Number: 22 Amendatory Endorsement This endorsement, effective 11/10/2018 attaches to and forms a part of Policy Number FEI-ECC-11107-06. This endorsement changes the Policy. Please read it carefully. It is hereby understood and agreed that the Additional Insured is added as part of the Commercial General Liability Policy as follows: 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. ECC-501-0712 `,211C[ -'U�yt ►�/� dam✓' �T U 1�I-P."46]