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HomeMy WebLinkAboutTRC ENGINEERS, INCa :,, 3URANCE ON FILE a bRORK MAY PROCEED '4-2020-1 B2 UN4 INJ -UR CEI EXPIRES cv . c�a CLERK OF COUNCIL AGRHEMENT TO PERFORM MICROGRID FEASIBILITY STUDY FOR `-3 THE SANTA ANA REGIONAL TRANSPORTATION CENTER HIS AGREEMENT -is made and entered into this 18th day of August, 2020 by and between TRC Engineers, 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. The City desires to retain a qualified consultant to perform a microgrid feasibility study for the Santa Ana Regional Transportation Center, having obtained grant funding for such a project. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 the services described in the scope of work that is attached as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $153,350. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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 terminate on August 17, 2021, unless terminated earlier in accordance with Section 17, below. The term may be extended for one 1-year period upon a writing executed by the City Manager and City Attorney. Page 1 of 8 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 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 tinder this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: Page 2 of 8 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 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 Page 3 of 8 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 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 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 Page 4 of 8 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 rightfiul possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric 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 Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Page 5 of 8 To Consultant: TRC Engineers, Inc. 17911 Von Karman Ave, Suite 400 Irvine, CA 92614 Attn: Paul David, Vice President 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-f6ur (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the 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. Page 6 of 8 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. 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 Page 7 of 8 A-2020-162 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: e� Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Off4 I. J61m M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA C- Z� I Tstn tine Ridge City Manager CONSULTANT Name: ^,-,L ^ DAVC0 Title: 1ilG,�e,- C V 6yv✓ Page 8 of 8 EXHIBIT A TR C CHALLENGE, TRC SCOPE AND BUDGET 1.1 Project Kickoff The City of Santa Ana will work with professional services provider, TRC, to deliver this scope of work. TRC will serve as the lead implementor of the work with support and oversight from the City of Santa Ana. Under this task, the City of Santa Ana will work with the CRC and Bay Area Council Foundation staff to communicate project scope, goals, and constraints. Under this task, the City will conduct the following kickoff activities: ♦ Schedule and conduct a project kickoff meeting, including determining the appropriate attendees, setting the agenda, and delivering kickoff notes and meeting minutes for CRC and the Bay Area Council Foundation staff ♦ Clarify project scope, goals, and constraints ♦ Define and establish use cases for each facility ♦ Identify the role of the facility in a resilience event, the critical loads needed in an outage, and any additional loads expected to provide critical or emergency services Task 1 Deliverables ♦ Kickoff meeting agenda ♦ Kickoff meeting minutes ♦ Final scope of work 1.2 Energy and Microgrid Resilience Analysis On behalf of the City, TRC will perform the site -specific energy analysis and microgrid resilience analysis. Under this task, the City and TRC will: ♦ Secure all relevant site information. TRC has previously collected and reviewed most relevant data for SARTC, including equipment inventories, building plans, and utility data. TRC will leverage their existing data for this effort, resulting in significant cost savings. Additional data collection efforts include review for specific electrical, IT infrastructure, structural, and critical loads not previously analyzed. ♦ Establish stakeholder consensus on definition of Tier I (critical), Tier 2 (priority), and Tier 3 (discretionary) loads, business value of resilience, and community value of resilience ♦ Conduct a site visit(s) to assess design constraints; load -shedding capabilities; and assessment of monitoring, communications, and control equipment required for the site ♦ Calculate Tier 1, Tier 2, and Tier 3 loads for the site ♦ Determine the renewable generation potential for the site 11TRC ♦ Identify viability and available area for energy storage for the site ♦ Determine electrical system modifications and upgrades ♦ Review potential control technology and communication equipment Task 2 Deliverables ♦ Working document outlining the result of the site visit and initial calculations needed for conceptual design and economic analysis 1.3 Conceptual Design and Economic Analysis TRC, on behalf of Santa Ana, will develop the site -specific conceptual designs; the engineering staff that conducted the site visits will lead this development. TRC will produce conceptual designs and will review the drawings and any solar PV simulation results with the City of Santa Ana to determine the need for additional scenarios. TRC will produce summary reports for the site. TRC will conduct the following activities under this task: ♦ Perform value of resilience (VOR) calculation for inclusion in financial analysis. VOR will inform the decision -making process for deploying a solar -driven microgrid through concrete $/kWh resilience values ♦ Optimize system design for the site based on critical load consumption projections, production modeling, and operational assumptions ♦ Produce conceptual solar and storage design options for the site ♦ Refine system sizing and equipment locations for the site with the City of Santa Ana and other stakeholders ♦ Perform economic modeling of the overall project with multiple financing scenarios including cash, grants, leases, bonds, incentive programs (e.g., SGIP), and power purchase agreements as applicable. This will include sensitivity and probability projections. Task 3 Deliverables ♦ Site visit to present and review findings ♦ In -person or conference call presentation with the City of Santa Ana including draft conceptual design and initial economic analysis 1.4 Microgrid Feasibility Report Under this task, TRC will develop a microgrid feasibility report based on the technical and economic analysis that will occur under Tasks 2 and 3. The report will include recommendations for the City of Santa Ana for the development and deployment of the SARTC resilient transportation hub microgrid project. Task 4 Deliverables: Microgrid Feasibility Report that will include analysis results and recommendations 1.5 City Council Presentation Following the development of the feasibility report, TRC will support the City of Santa Ana in developing a presentation for the Santa Ana City Council. The presentation will review the analysis and results of the feasibility study. Task 5 Deliverables ♦ Final summary of the Microgrid Feasibility Report (inclusive of any changes that result from TRC's recommendations to the City) ♦ Development of a PowerPoint presentation for City staff to use at the City Council meeting 31TRC ., Title/Role Vice President Rate $291 Associate Vice President $239 Director of Engineering $222 Assistant Program Manager $160 Technician 1 $96 Technician 111 $116 Project Engineer 1 $116 Project Engineer III $143 Senior Engineer $170 TRC Staff Rates by Title Task p Total Labor Budget Total Travel Budget Structural Consultant Budget to TRC Grand Total Budget $153,350 TRC Budget per Task (see Section 1 for tasks) Client#: 2 Francine R. .CCOMPA Villareal ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MYY) 9/23/20202020 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CAEACTGreyJerry Noyola Ins. Pa"c°Nri Es :770-552-4225 F 866-550-4082 A/C No: 3780 a 3780 Mansell Road, Suite 370 Road,BrokeSuite 3 0 E-MAIL ADDRESS: jerry.noyola@greyling.com Alpharetta, GA 30022 INSURERS AFFORDING COVERAGE NAIC# INSURER A: National Union Fire Ins. Co. 19445 INSURED TRC Engineers, Inc.; TRC Solutions, Inc. INSURERS: XL Specialty Insurance Co. 37885 INSURER C : Lexington Insurance Company 19437 TRC Companies, Inc., 17911 Von Kerman INSURER D: New Hampshire Ins. CO. 23841 Avenue, Suite 4OO INSURER E: AIU Insurance Company 19399 Irvine, CA 92614 INSURER F: Steadfast Insurance Company 26387 COVERAGES CERTIFICATE NIIMRFR• 9n-71 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMR10 POLICYEXP Mil LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIM&MADE N OCCUR 5341999 4/01/2020 04/01/2021 EACH OCCURRENCE $1 000 000 PREMISES EaEONcounence _ $500 000 X MED EXP(Any oneperson) $25000 Contractual Llab. PERSONAL &ADV INJURY $1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY N JEt° [X] LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPIOP AGG $2,000,000 OTHER: A A AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULE" AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY TOS ONLY 4773667(AOS) 4773668 (MA) 4/01/20200410112021 4/01/2020 04/01/2021 COMBINEDSING_ EaaccidentLIMIT 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY(P., accident) $ X PROPERTY DAMAGE Peraaitlent $ B C XK XLIACLAIMS-MADE LA ;RETE$NTION$10,000 OCCUR US00075712LI20A 080877671 4/01/2020 4/01/2020 04/01/2021 04/01/2021 EACH OCCURRENCE $9000000 AGGREGATE $9000000 X $ D E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECVYIN OFFICERIMEMBER EXCLUDED? ( lory NH) In under yes,detlescnbe Ifom, DESCRIPTION OF OPERATIONS be. NIA 022298274 (AOS) gj22gB2]5 /CA ( ) 4/01/2020 4/01/2020 04/01/2021 04/01/2021 PER OTH- X E.L. EACH ACCIDENT $1 000000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE -POLICY LIMIT $1,000,000 F Prof. Liab. incl. Poll. Liab. PECO19684304 4/01/2020 04/01/2021 Per Claim $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of Santa Ana, officers, agents, employees & volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date (See Attached Descriptions) City of Santa Ana Risk Management Division 20 Civic Center Plaza 4th Floor Santa Ana, CA 92701 ACORD 25 (2016103) 1 of 2 #S2386113/M2063667 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 4?lil "'� ©1988.2015 ACORD ( The ACORD name and logo are registered marks of ACORD c-�_° Rhk MnuganodDtvinicn REVIEWED&APPROVEDBr. IIIIIIIIIIIIIEM �_ v Risk Management Analyst -. DESCRIPTIONS (Continued from Page 1) thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. SAGITTA 25.3 (2016103) 2 of 2 #52386113/M2063667 tc xtek Mauganrnt Vtxamn CREVIEV/E� S APPPIRO�V/®BY. ,I � 0 rgFPIM.[ �, y+c4N14[4 MW IWM Risk Management Analyst POLICY NUMBER: 5a41999 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization whom you become Per the contract or agreement obligated to include as an additional insured as a result of any contract or agreement you have entered into. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 2. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 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 subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 ,'' RidtMm%2mnrDnieimt B�nEvrEo6ArrRav®Br: -- i® ® Risk Management Mayst C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 Risk MM%MadDhMmW�m I?BAEWM & APPRU/® Br Ruk Management Analyst POLICY NUMBER: 5341999 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you become obligated to include as an additional insured as a result of any contract or agreement you have entered into. Per the contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — 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". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 e. Molt MouganadDh Em & REAMEoSArraoVM8r Risk Management Maryw This page has been left blank intentionally. =i Rick Mnugemmt D'nieert REM & APP Sr. ® R6k Management Anatyst Clinntti• 953Rn Francine f1Il, Digitally signed by Francine R. Villareal TPrr(IMPA \/illaraal Date: 2021.07.1515:28:15 ACORDT1,1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/21/2021 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 CONTACT Jerry Noyola HON o, Ext : 770-220-7699 FAX No): E-MAIL no ola re Iln ADDRESS:er rY• Y @9 Y g•com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Ins. Co. 19445 INSURED TRC Engineers, Inc.; TRC Solutions, Inc. TRC Companies, Inc., 17911 Von Karman Avenue, Suite 400 Irvine, CA 92614 INSURER B : Allied World Assurance Company (U.S.) 19489 Evanston Insurance Company INSURER C : p Y 35378 INSURER D :New Hampshire Ins. Co. 23841 AIU IC INSURER E : Insurance Company Y 19399 INSURER F : Steadfast Insurance Company 26387 COVERAGES CERTIFICATE NUMBER: 21-22 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL5341999 4/01/2021 04101/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE L* OCCUR PREMISESOEaoccu ence $500,000 X MED EXP (Any one person) $ 25,000 Contractual Liab. PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY xl JECOT - FXLOC PRODUCTS - COMP/OPAGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY CA4773667 (ADS) 04/01/2021 04/01/202 (CEO, aBcldeINGLE LIMIT n S 5,000,000 X BODILY INJURY (Per person) $ A ANY AUTO CA4773668 (MA) 04/01/2021 04/01/2022 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY B X UMBRELLA LIAB X OCCUR 03127873 04/01/2021 04/01/2022 EACH OCCURRENCE $9000000 AGGREGATE $9 00O 000 C X EXCESS LIAB CLAIMS -MADE MKLV2EFX100659 04/01/2021 04/01/2022 DED I X RETENTION $1 O 000 $ D E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? L N (Mandatory in NH) N / A WCO22298274 AOS ( ) WCO22298275 (CA) 04/01/2021 04/01/2021 04/01/202 04/01/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 F Prof. Liab. incl. PECO19684305 04/01/2021 04/01/2022 Per Claim $5,000,000 Poll. Liab.Ll Aggregate $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, officers, agents, employees & volunteers are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. The above referenced liability policies with the exception of workers compensation and professional liability are primary & non-contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Santa Ana Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza 4th Floor AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 � � "" `r G RiskMatlagementDivisian REVIEWED & APPROVED BY: • ! z © 1988-2015 ACORD ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD Risk Management Analyst #S2737036/M2634114 POLICY NUMBER: GL5341999 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II 6 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", "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(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. 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 subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 (> Insurance Services Office, Inc., 2018 �oRaN } z a Risk MmWmedDMsian REVIEWED & APPROVED BY.- p R. vj&wd Risk Management Analyst C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 (> Insurance Services Office, Inc., 2018 �oRaN } z a RAMmVmentDMsian REVIEWED & APPROVED BY: F R. Vj&'Vd Risk Management Analyst POLICY NUMBER: GL5341999 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — 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". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 HORaN } z RiskMmWmentDMsian REVIEWED & APPROVED BY: f R. V;&wd Risk Management Analyst POLICY NUMBER: 5341999 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribu- tion from any other insurance available to the additional insured. CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 �oRaN } z a RiskMmWmentDMsian REVIEWED & APPROVED BY.- p R. W&Wd Risk Management Analyst NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor TRC Engineers Inc Name: Project A-2020-162 Number: Project TRC Engineers, Inc. Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE AUTOMOBILE LIABILITY CA4773668MA 04/01/2023 03/26/2022 3178280.pdf AUTOMOBILE LIABILITY CA4773667AOS 04/01/2023 03/26/2022 3178280.pdf GENERAL LIABILITY GL5341999 04/01/2023 03/26/2022 3178280.pdf PROFESSIONAL LIABILITY PEC019684306 04/01/2023 09/27/2022 WORKERS COMPENSATION AND WC022298274AOS 04/01/2023 03/26/2022 3178280.pdf EMPLOYERS' LIABILITY WORKERS COMPENSATION AND WC022298275CA 04/01/2023 03/26/2022 3178280.pdf EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 9/27/2022 11:35 AM