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HomeMy WebLinkAboutMARK THOMAS & COMPANY - 2015P� City of Santa Ana ' ` '�. t Clerk of the Council corc Office usa only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in e!fect. ng DEC 123 AM 9- fig Note: If your agreement is grant related, please ensure that all grant retention requiremet t have been satisfied prior to signing the termination fcrm. ll::!! Y OF q t ! TAANA CLERK i��G(TtJN {( Is the agreement(s) a permanent record? Yes _ No Return form to the Clerk of the Council Office (M-30).. Call 647-1520 it you have any questions / } n t The agreement with 1 f�'l� ✓ `1 rS _ c`` ! "j63, No. /%_l a�s — / 7 3 was completed on 0 S and final payment has been made. (List aU amendments. Use space below if needed.) 71� _ r 73 --0 Ra,!sed: 10-13-16 Department: LIlUIT (-?/v Phone/Ext.: Signature: Date: N C) A-2016-173 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 5th day of August, 2015 by and between Mark Thomas and Company, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). A. The City desires to retain a consultant having special skill and knowledge in the field of: On -Call Engineering Services to provide engineering services on an as -needed basis. Engineering services may include but are not limited to, civil engineering, electrical engineering, traffic engineering, geotechnical, land/property surveying, structural, storm drain, water or sewer line -related engineering, architecture and landscaping design services and grant writing services. Environmental and/or planning support services may also be requested. Prior to issuing a Task Order, the City may request a detailed Scope of Work, for a specific project/task. If requested, the consultant would provide a task proposal, budget and schedule for the Task Order. From this, the City may choose which consultant to assign the project/task to pursuant to this Agreement. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services 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 those services as set forth in Exhibit A to this Agreement. 2. 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. The total sum to be expended under this Agreement shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) over the entire life of the Agreement, including any renewal period(s). b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page d C. Invoices should be submitted on the 15a` of each month and shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City Project and/or Task Order number and/or name (if applicable) iv. Work site address/location (if applicable) V. Tasks or deliverables completed, and percentage (%) of total services completed. vi. Remaining Overall and Task Order budget available 3. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two one-year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 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 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 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. 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, 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 Page 12 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, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. 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. C. 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. 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. Page 13 � 1►I� � i I �LI�[�] I II [i7� 1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 8. 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. 9. 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. 10. 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 Page 14 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 interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 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, 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 With courtesy copies to: Fred Mousavipour, Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 Sonia R. Carvalho, City Attorney City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 Page 15 To Consultant: Robert A. Himes, PE President/Principal in Charge Mark Thomas & Company 16795 Von Karman Avenue, Suite 200 Irvine, CA 92606 Fax: 949-477-4102 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terns 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 is 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 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. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written Page 16 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(s) 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. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit C, attached hereto and incorporated in this Agreement by reference. 17. 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. 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 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. 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by Page17 reference. b. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: �izar Iry Maria D. Hurzar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B e and val C of, , sistant City Attorney APPROVAL: )USAVIPOUR Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager ANT: (title) T Tax ID# q L{ - 14 S I Li q Page 18 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES I. DESCRIPTION OF WORK The City of Santa Ana (City) solicited proposals from professional consulting firms (Consultant) to provide engineering services on an on -call, as -needed basis. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land/property surveying, structural, stonn drain, water or sewer line -related engineering, architecture and landscaping design services and grant writing services. Environmental and/or planning support services may also be requested. The City may need consultant services for survey, mapping and legal description preparation, construction management, staking and inspection or occasionally request mechanical, electrical and/or structural services. The work, in general, consists of general engineering design projects on arterial and local streets, bike paths, and public parks, citywide. The types of work efforts may include: • Underground utility design/modifications; sidewalks, bike paths, curb and gutter replacement; slurry seal of residential streets; repair and overlay of asphalt concrete and/or PCC streets; signing, striping, neighborhood traffic studies, traffic signal modifications; landscaping and irrigation systems; park and recreational design, grant application writing, building or facility work, other broader studies, and other related projects as required. • Amore detailed Scope of Work will be provided when/if a specific projector Task Order proposal is requested of a consultant. Funding sources will not include any state or federal funding. Projects for each project/task order shall generally include local funds. Each project/task order assignment shall comply with any and all agency funding requirements. The Sample Task Order was submitted with the proposal inclusive of the hours, hourly rate and totals in Attachment C for the qualifications and value -based RFP . Note, state prevailing wage requirements shall apply to work as required, and including but not limited to, survey and materials testing work, and per the below link: http://www.dir.ca.goy/publie-works/T-ublicworl(s.html) Consultants and subconsultants completing any element of or type of work within projects/task orders that is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, per Section 1771.4.a.1., shall inform themselves fully of conditions relating to construction and labor law under which any work will be performed. Any consulting contract entered into pursuant to this notice shall incorporate the provisions of the California State Labor Code wherever they may apply and all fees shall be inclusive of or exceed these requirements. City of Santa Ana Scope of Work Page 1 The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in-house staff and/or sub -consultants to complete the assignments to meet the City standards. For specialized work for which the prime consultant shall require a sub - consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant. The prime Consultant mark-up for sub -consultants shall not exceed 10%. II. PROPOSED SCOPE OF SERVICES In general, the Consultant shall perform above noted engineering design services resulting in contract documents (plans, specifications and cost estimates "PS&E") for various projects on an as -needed basis. However, work tasks may include studies or a variety of engineering or other tasks. If requested by the City, the Consultant shall provide a Work Plan which includes a detailed schedule of the assigned project prior to the issuance of Notice to Proceed of that particular project and/or Task Order. Specific Task Orders with Notices to Proceed ("NTPs") will be provided for project(s) at the discretion of the City. Work required per Task Order shall comply with the Scope of Services and additional provisions in each Task Order and this agreement. The Consultant shall also provide all field survey work required as appropriate and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible -charge of the work being completed. The Consultant's services for PS&E engineering project preparation shall include, but not be limited to, the following: Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) fonnat. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design of projects including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and/or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and/or specifications accordingly. City of Santa Ana Scope of Work Page 2 5. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer responsible/in-charge of the project. These signed originals shall then become the property of the City. 6. If apart of the on -call project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre -construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. If included in the on -call project scope, upon completion of construction, the Consultant shall prepare as-builts and submit them to the City. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as -built mylars shall be submitted to the City with an electronic copy (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e-mail. 8. If included in the on -call project scope, the Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in-house staff and/or sub -consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation necessary for the consultant to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 9. If included in the on -call project scope, attend meetings with the City staff as required. 10. If included in the on -call project scope, the Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. If included in the on -call project scope, the Consultant shall be responsible for reviewing and approving addenda and clarifications to plans and specifications. City of Santa Ana Scope of Work Page 3 III. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements, where they may also apply despite the focus on local funding. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and any other involved agencies. 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS&E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and any funding agency requirements or audits if requested. Consultant certifies that it shall comply with the following regulations where applicable or others required by State or Federal Law, including, but not limited to the following: a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and/or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and/or any other agency from which City received additional grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. City of Santa Ana Scope of Work Page 4 b. Information - Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable and the related guidelines that may be more recent. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to farther the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". f. Civil Rights Compliance and Notification of Findings - Consultant, and all its contractors (or sub -recipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Eoual Employment Opportunity - Consultant, and all its contractors (or sub -recipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Patent - Consultant agrees that the funding agency shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. n. Copyri¢ht - Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the above items as deemed necessary for the City's purpose: i. the copyright in any work developed through this Agreement; and ii. any rights of copyright to which the subcontractor purchases ownership with support through any grants if utilized. The City's rights identified above must be conveyed to the City of Santa Ana Scope of Work Page 5 publisher and the language of the publisher's release form must ensure the preservation of these rights. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specifications to be utilized • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders City of Santa Ana Scope of Work Page 6 ATTACHMENT C Sample Task Order CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES As part of their proposal in response to RFP 14-037B, the Consultant provided a Sample Task Order scope of work. This Sample Task Order included the following to provide a privacy wall design, minimum level of geotechnical/soils report, survey work, plans, specifications, and estimates: 1. Hours by staffing level & category (provided in the Excel Spreadsheet* provided), 2. Total Fee (in the Excel Spreadsheet provided), 3. Most responsive schedule deemed feasible, 4. As part of this Sample Task Order, a narrative scope of work was also provided with the following subtasks: o Project Kick-off/Meetings o Survey o Geotechnical Materials Testing & Soils Report o Privacy Wall Design Plans o Specifications o Engineer's Estimate o As -Built Plans The sample wall length was for an 800 LF for a privacy wall height varying from 10-16 feet of exposed height where private property (homes) would abut the one side of the wall and public right-of-way would abut the other side of the wall. In a separate one -page narrative scope of work and project approach was provided for all tasks necessary to provide this privacy wall Sample PS&E Task Order project. Any additional standard plans proposed to be used for this design or other approaches necessary to address the parameters indicated herein were also included. For the plan and profile sheets, inclusive of any detail sheets/notes and the scale shall be at 20-scale and conform to all requirements detailed in this RFP, the City's Standard plans and/or other recommended standard plans that the consultant may recommend. *Note: Prevailing wages may apply to this work. City of Santa Ana Scope of Work Page 7 EXHIBIT B FEE PROPOSAL, including hourly rates (from separately sealed envelope included with Consultant Proposal) ■ CITY OF SANTt� ANAOn-Call EngiL � �� neerin Services- Part B RFP 14-037B ,' z ■ FIRM AND TEAM EXPERIENCE ................................................. I ............................. ,.................................. I ................ "4 CIVIL ENGINEERING 16795 Von Karman, Suite 205 Irvine, CA 92606 (949) 477-9000 fax: (949) 477- 4102 POINT OF OF CONTACT Ken Doty, PE Project Manager MTCo is a leading transportation engineering firm deeply rooted in California. Since our company's founding in 1927, we have provided consulting engineering services for transportation, structural, and municipal engineering projects, as well as right of way engineering, surveying and mapping, and engineering management services for a wide range of private and public sector clients. Today, our company serves clients throughout the state from a network of nine offices staffed with 150 professional, technical and support personnel. kdoty@markthomas.com Our firm is built on providing sound and innovative engineering solutions and high quality customer service for transportation projects. Our staff is very knowledgeable of design standards for roadway, highway, and bridge projects. Our solutions have benefited all types of projects, from intersection improvements to highway interchanges. � T MTCo bring extraordinary value to our clients by preparing clear, concise, and accurate PS&E documents that result in lower construction bids and limited change orders during construction. We accomplish this by implementing a quality assurance I quality control program for each project, usually governed by a Principal of the firm or some from our senior management staff. We also orient and train our managers and design staff to practice diligent checking of our construction plans and to clearly document how quantities and estimates are created. Our disciplined and systematic approach has resulted in the production of high quality products that have brought great value to our clientele in the form of accurate construction bids and minimal change orders. " r � MTCo's capabilities are well -matched to the needs of the City, which has a wide range of transportation and utility infrastructure. Having managed hundreds of roadway, highway, bridge and public works projects, we bring proven leadership skills and a record of accomplishment to the City. Similarly, with a staff of 150, MTCo possesses robust technical resources to address the civil, structural, landscape architecture and survey components of any project scope. We have the technical capabilities to provide the following services in-house: Project management Street improvements and rehab/reconstruction Bridge improvements and rehab/reconstruction Highway improvements Bicycle and pedestrian pathways and corridors Roundabouts Storm drain and sewer improvements Hydrology and hydraulic calculations Traffic controllconstruction staging Traffic signal modification Water Quality Management Plan (WQMP) Signing/striping Cost estimating Bid/construction phase support Quality control checking/constructbility reviews Master planning studies Field topographic surveys Grant development and management aMARK THOMAS & COMPANY ■ 'A ■ CITY OF SANTA ANA On -Call Engineering Services - Part B RFP 14-037B nA'^, y • , MTCo has assembled a project team that combines comprehensive experience in planning, designing, and implementing civil engineering projects with local knowledge. Together with MTCo's talented team of civil and structures engineers, landscape architects and surveyors, this team will successfully deliver any project that results from this on -call contract to achieve the City's goals while serving the community. We require our subconsultants to adhere to MTCo's Quality Assurance (QA) and Quality Control (QC) procedures and guidelines. This allows us to maintain consistency between the various disciplines and provide a uniformly high service quality to our clients. For the task orders under this contract, we will be assisted by the following team members: IBI Group Traffic, transit, and active (IBI) transportation planning and design LSAAssociates, Environmental Inc. (LSA) Diaz-Yourman & Geotechnical engineering Associates (DYA) Coast Surveying, Land surveying Inc. (Coast) Hartzog-Crabhill, Traffic engineering Inc. (HCI) 18401 Von Karman Avenue, Suite 110 Irvine CA 92612 20 Executive Park, Suite 200 Irvine, CA 92614 1616 East 17th Street Santa Ana, CA 92705 15031 Parkway Loop, Suite B Tustin, CA 92780 17852 East 17th Street, Suite 101 Tustin, CA 92780 Organizational Chart For this proposal submittal, we have tailored our team to the specific disciplines required for the project. If Ken Doty becomes unavailable Arturo Vivar would assist in the managing of the team. PROJECT MANAGER &rv1�: CIVIL/ROADWAY STRUCTURES SURVEY/RIGHT OF WAY LANDSCAPE ENGINEERING ARCHITECTURE TRANSPORTATION PLANNING ENVIRONMENTAL GEOTECHNICAL z j William Delo, AICP King Thomas V.R. Nadeswaran, PE, GE $i o FIELD SURVEY TRAFFIC ENGINEERING Ruel Del Castillo, PLS Trammel Hartzog t/I1T ) MARK PHOMAS & COMPANY MARK THOMAS & COMPANY, INC. CHARGE RATE SCHEDULE "I-1" Expires August 31, 2015 HOURLY CHARGE RATES PROFESSIONAL AND OFFICE Principal $ 280.00 per hour Structural Manager 265.00 per hour Engineering Manager 240.00 per hour Senior Project Manager 215.00 per hour Survey Manager 195.00 per hour Project Manager 190.00 per hour Senior Project Engineer 175.00 per hour Project Engineer 160.00 per hour Senior Design Engineer 150.00 per hour Design Engineer 115.00 per hour Land Surveyor 180.00 per hour Project Surveyor 145.00 per hour Engineering/Survey/CADD Technician 120.00 per hour Inspector 115.00 per hour Technical Writer 95.00 per hour Design (Tech Assistant) 65.00 per hour Survey (Tech Assistant) 65.00 per hour Administrative 80.00 per hour FIELD Single Chief without Equipment $ 115.00 per hour Single Chief with Equipment 165.00 per hour Single Chainman 92.00 per hour 2 Person Field Party and Vehicle 275.00 per hour 3 Person Field Party and Vehicle 350.00 per hour SPECIAL SERVICES Expert Witness $ 375.00 per hour Strategic Consulting (Principal) 375.00 per hour OTHER DIRECT COSTS Reimbursables including, but not limited to: Printing and Materials, Filing Fees, and Field Expenses -Cost plus 5% Outside Consultant Fees -Cost plus 5% COAST SURVEYING, INC. 15031 PARKWAY LOOP SUITE B TUSTIN CA 92780-6527 (714) 918-6266 FAX (714) 918-6277 January 1, 2015 to December 31, 2015 SCHEDULE OF CURRENT HOURLY RATES FOR SERVICES PERFORMED BY OUR COMPANY Project Management $188.00 Project Surveyor 160.00 Survey Technician 124.00 Clerical and Delivery Service 70.00 2 Person Survey Party w/Equipment 288.00 3 Person Survey Party w/Equipment 372.00 GPS Receivers (minimum of three) - $100.00/day/receiver Monuments, prints, photocopies, research materials, and other incidental or special supplies. AT COST D I A Z • Y O U R M A N & ASSOCIATES G" 5wLf.o DIAZ+YOURMAN & ASSOCIATES Schedule of Charges - 2015 Professional Services StaffI...................................................................................................................................$118.00/hour Staff11....................................................................................................................................135.00/hour ProjectI..................................................................................................................................150.00/hour Project11.................................................................................................................................165.00/hour AssociateI.............................................................................................................................199.00/hour Associate11............................................................................................................................213.00/hour Principal................................................................................................................................. 238.00/hou r Support Services CADD/Clerical.......................................................................................................................... 80.00/hour Technical Editing/Word Processing.......................................................................................118.00/hour Technician............................................................................................................................118.00/hour Prevailing Wage Field Services Week Days (6 am to 5 pm)....................................................................................................137.00/hour Weekday Overtime (first 4 hours)..........................................................................................165.00/hour Week Nights (5 pm to 6 am), Saturdays (0 to 12 hours) ...................... ............. .................... 165.00/hour Sundays, Holidays, Other Overtime.......................................................................................192.00/hour Equipment FieldTruck...............................................................................................................................17.00/hour Mileage...............................................................................................................................IRS Rate/mile NuclearGauge.......................................................................................................................... 90.00/day Manometer................................................................................................................................ 53.00/day SlopeInclinometer.................................................................................................................... 58.00/day CoringMachine....................................................................................................................... 210.00/day Other Equipment.........................................................................................................Separate Schedule Outside direct costs such as subconsultants, equipment rental, outside services, printing, copying, travel, and subsistence............................................................................................................................ Cost + 15% For non prevailing wage field services provided by a staff engineer during night time (7 pm to 7 am) a $160 surcharge/ per night and a minimum per visit charge of 4 hours will apply. Contract personnel may be charged at the hourly rates listed above. Travel time will be charged at regular hourly rates. Appearances as a witness (including depositions and court appearances) will be charged at a rate of $400/hour plus expenses, with a minimum daily charge of 4 hours. Preparation will be charged at regular hourly rates. These rates are subject to a minimum 3 percent escalation for services provided in subsequent years. Invoices are due upon receipt and are past due 30 days after the invoice date. A finance charge of 1.5 percent per month, or the maximum allowed by law, will be charged on past due invoices. Diaz.Yourman & Associates makes no warranty, either express or implied, to its statements, conclusions, findings, recommendations or specifications except that they are prepared and presented in accordance with generally accepted standard of care. 1616 EAST 17th STREET, SANTA ANA, CALIFORNIA 92705-8509 TEL. (714) 245-2920 FAX (714) 245-2950 Hartzog & Crabill Consulting Engineers Schedule of Hourly Rates Classification Hourly Rates Expert Witness / Deposition....................................................................................... $260 Litigation Consultation............................................................................................... $232 Two -Person Survey Crew........................................................................................... $232 Litigation Field Evaluation......................................................................................... $207 PrincipalConsultant.................................................................................................... $160 ProjectManager.......................................................................................................... $150 Registered Land Surveyor........................................................................................... $145 SeniorEngineer........................................................................................................... $135 Storm Water Permit Compliance Engineer................................................................. $135 AssociateEngineer...................................................................................................... $130 Construction Manager................................................................................................. $125 Traffic Signal System Supervisor................................................................................ $125 MuralArtist.................................................................................................................. $125 SeniorDesigner............................................................................................................ $120 Traffic Signal Systems Specialist................................................................................. $115 AssistantEngineer........................................................................................................ $110 Draftsperson.................................................................................................................. $ 93 Technician..................................................................................................................... $ 78 WordProcessor............................................................................................................. $ 62 Clerical.......................................................................................................................... $ 52 * Traffic Counts (Cost, phis 10%)............................................................................ $ * Note: Out of pocket expenses (blueprinting, reproduction, printing and delivery service) will be invoiced at Cost. These other direct costs are included in the not -to -exceed values for the aforementioned scope of services. A 10% fee for administration, coordination and handling will be added to subcontracted services. This Schedule of Hourly Rates is effective as of July 1, 2014. Rates may be adjusted after that date to compensate for increases of inflationary trends. Mileage shall be per current IRS rate (rate can be found at the following link: http://www.irs_gov/newsroom/article/0„id=232017,00.html . 17852 E. 17`� Street, Suite 101, • Tustin, CA 92780 • (714) 731-9455 IBI Group Rate Sheet Effective July 1, 2015 to June 30, 2016 Labor Category Fully'Loaded Hourly' Rate,, David Chow, P.E., AICP Principal -in -Charge $345.23 Lydia La Point, PE, LEED AP Senior Transportation Engineer $149.28 William Delo, AICP Principal Transportation Planner $242.24 Christina de Freitas Senior Transportation Planner $130.22 Cathy Chea Assistant Transportation Planner $75.71 Karen Sujata Assistant Transportation Planner 60.50 )LonathanEs uivel Assistant Transportation Planner $60.50 Jeanette k Graphic Designer $85.50 Other Direct Costs Item,'. Cost,, Mileage $0.575/mile Color Prints $0.10/page B&W Prints $0.02/page Courier/Postage At cost Outsourced Reproduction At cost Y pp h O Y N N h ,U o O O � � O ;� U� vC O •� O �, � U � �d � o .O A O � O �+ � o •� p d'ri��wvCi� W 42 — I.i O pq N U N U h o•a a� � �T CY a F w •7g '7 � oY U � u 'd � q qv ,FFNr W M Y ac�oa14 0 LSA ASSOCIATES, INC. LSA IN-HOUSE DIRECT EXPENSES JUNE 2015 t Re roducflon (8.5 x 11) B/W e Reproduction (8.5 x 11) Colorage Reproduction (11 x 17) B/Wage M$5.00per Reproduction (11 x 17) Colorage CD Production CDPlotting sf Mileage On Road $.575 per mile Mileage Off -Road $.725 per mile GPS Unit $75.00 per day Total Station Surveying Instrument $50.00 per day Level (Laser or Optical) $25.00 per day Laser Rangefinder $25.00 per day Sound Meter $75.00 per day Aerial Photo Cost Boat Rental $125.00/day Water Quality Meter $25.00/day http://iutratiet,lsacoip.intemaVaccounting/contract.docx a06/15/15» EXHIBIT C CERTIFICATIONS C-1 through C-3 OFFICES Cupertino '.-Fresno r i- Irvine '.fOakland S Sacramento Salinas `cSon Jose San Mateo Walnut Creek MARK THOMAS & COMPANY Providing Engineering, Surveying & Planning Services APPENDIX ATTACHMENT 3-1: NON -CON -CO LLUSION AFFIDAVI'P CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.: 14-037B NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United Stntcs Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, comived or agreed with any BIDDER or anyone else to put in a shnnn bid, or that anyone shall refinin fi'onr bidding; that the BIDDER has not in any manna, directly at indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advnnu ge against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, farther, that the BIDDER fins not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any tee to ally corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: Ti e ab N ,,-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof0 aloe Lutesibm e f this Non -collusion Affidavit. BIDDERS arc cautioned that makingn false certific tUbathccerti�e timivalprosecution. Signed State of California County of r Ghlur��-n Subscribed and sworn to (or affirmed) before me on thus Lkc -day of w , 20X.IC by In drIadt ✓w CherKey,, V\44-Arl NJAt in to me on the basis of satisfactory evidence to be the person(s) who appeared before Inc. I.AYN Rm ssion 20195 ARNEY Commission tM 2019551 Notary Public Signaturc Notary Public Seal �. Notary public - California sacramantn County MY Comm. Ex irae A r 24, 2017 /ark Thomas & Company, Inc. 6795 Von Itarman Avenue, Suite 200, Irvine, CA 92606 rvn rrorkthomas.com 19491477-9000 fax: 19491477-4109 ■ CITY OF SANTA ANA On -Call En gins eerin�a Services - Part B RFP 14-037B APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR. ON -CALL ENGINEERING SERVICES — PART B RFP NO.: 14-037B The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated fiulds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the snaking of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned sisals complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Unposed by Section 1352, Title 31, U. S. Code. Any person who faits to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and dial all such sub recipients shall certify and disclose accordingly. Mark Thomas & Signed and Printed Name: Title President Date June 18, 2015 rt A. Hines 4MARK IHOMAS 8 COMPANY IM M CITY OF SANTA ANA On -Calf Engineering Services - Part B RFP 14-03 8 r APPENDIX ATTACHMENT 3-3t NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B REP NO.: 14-037B The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: I. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion; sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, 'including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided) advising the said labor union or workers' representatives of the Consultant's commitments under this sectibn, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by Hiles, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule„ regulations, or order of the Secretary of Labor, or as otherwise provided by law. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, 4 MARK INOMAS & COMPANY On -Call Enaineerina services - Part B RFP 14-037B CITY OF SANTA ANA �� �..�.�V regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as ed in Section 1420, and any consultant of public works violating this Section is subject to all the pen ' in os d for a vi IaXion of the Chapter. Signed: Title: President Firm: Mark Thomas & Company, Inc. Date: June 18, 2015 MARK THOMAS & COMPANY EXHIBIT D ADDITIONAL PROVISIONS The following documents in reference to the on -call engineering services hereunder are hereby on file with the City of Santa Ana's Public Works Agency and are hereby incorporated by reference: • Request for Qualificatons (RFQ) — RFQ No.14-037 • Statement of Qualifications (SOQ) — In response to RFQ No. 14-037 • Request for Proposal (RFP) — RFP No. 14-037B • Proposal — In response to RFP No. 14-037B To City of Santa Ana PWA-Design Engineering 20 Civic Center Plaza, M-36 Santa Ana, CA 92702 Attention Monica M. Suter Date August 27, 2015 File IR-15103 RE On -Call Engineering Services We are ❑ Per Your Request ❑ By Messenger For Your ❑ Action ❑ File/Information sending ® Enclosed ❑ By UPS/Special Delivery ® Approval ❑ Construction ❑ By Mail ❑Under Separate Cover ❑ Review ❑ Quotation ❑ By Printer ❑ ❑ Comments ❑ Remarks Please return one fully -executed copy to: Kacey Sunseri Mark Thomas & Company 1960 Zanker Road San Jose, CA 95112 Thank you. Copies to Mark Thomas & Company, Inc. By Marlayna Harney 7300 Folsom Boulevard, Suite 203 Sacramento, CA 95826 vvww.mardhomas.com Tel: (916) 381-9100 Fax: (916) 381-9180 MARK THOMAS AND COMPANY A-2015-173 REVIEWED BY: EUNICE HEREDIA (PG I OF 8) ACORD CERTIFICATE OF LIABILITY INSURANC9/16/2E ATE (MDONY) 015 THIS CER I'iFICATE IS IS960 4§'A MATTER OF INFORMATION ONLY AND CONFERS NO *FftsbPbN THE CERTIFICATE HOLDER TRIPS 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 ho1dor is an ADDITIONAL INSURED, the policy(ios) must be andorsed. it SUBROGATION IS WAIVED, subject to the terms and conditions of the poficyo certain policies may require an endorsement. A statement on this cerfiflatato done not confer r1ahts to the certificate holder In Heu of such endorsements . Producer License Nuinber: OA91339 CONTACT NAME: PHONE (A/C, No, Exo: 866-966-8928 (A/CFA� )408-271-1802 , No: Ascro Insurance Services 200 N. Almaden Blvd., 3 it Floor E-MAIL ADDRESS: Cert$@aseroins.com San Jose, CA 95110 INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Ind. Co. of CT Mark Thomas & Company, Inc, L_INSURERS: Depositors Insurance Co. 1960 Zrinker Road INSURER C. Travelers Prop, Cos. Co. of America San Jose, CA 95112 INSURER D: INSURER E: INSURER R= COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 8 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 CONUTTIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POUCYEFF MM/DDNYYY POLICY EXP (MM;DD/YYYY) LIMITS 0 COMMERCIAL GENERAL LIABILITY [I [J MIMS-MADE 0 OCCUR EACH OCCURRENCE-- EACH $ 1,000,000 TO RENTED PREMISES (Ea occurrence $ 1,000.,()00 A 0 6809ED9M7 09/15/15 09115/16 MED EXP (Any one person) $ 10,000 0 PERSONAL& AUV INJURY $ 1001000 1 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMPIOP AGG 2,000,000 GENT AGGREGATE LIMIT APPLIES PER 0 POLICY 0 PROJECT ED LOC OOTHER I $ AUTOMOBILE LIABILITY 0 ANY AU rO COMBINED SINGLE LIMIT (Ea accldent) $ 1,000,000 II [I ALL OWNED AUTOS [I SCHEDULED AUTOS ACP3006833955 09115115 09/15/16 BODILY INJURY (Per PeNwi) $ BODILY INJURY (Per Accident) $ 0 HIRED AUTOS 0 NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) 0 $500 COMP. DEG. EI$1,000 COLL. DED. 0 UMBRELLA LIAR' 0 OCCUR 0 EXCESS LIAR [I CLAIMS -MADE EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 000,000 CUP009E095562 09115/15 09/15/16 [I DEDUCTIBLE El RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB4342'r25O15 09115/15 09/15/16 W PER STATUTE OTH ER C I ANY PROPRIETOMPARTNERIEXECI.MVE YIN OFFICEMEMEEFUEXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATION below NIA EL EACH ACCIDENT 1,000,000 E.L. DISEASE - E�EMP�OYEE E.L. DISEASE -POLICY LIMIT 1,000,000 DESCRIFPON OF OPERATIONSADCATIONSNEHICLES (Allach ACORD 101, Addilional Remarks Sclhedu€e, if more space is required) RE: Job #IR-15103 On -Call Engineering Services The City of Santa Ann, its officers, eruiployce%, agents,, volunteers and representatives are named as additional Insured per attached CG20101001 endorsement attached. Additional Insured Endorsement attached. Waiver of Subrogation applies to General Liability and Workers' Compensation per attached endorsements. Insurance is Primary and Non- Coutriburory. THIS INSURANCE 16 PRIMARY. ANY OTHER INSURANCE AVAILABLE TO THAT PERSON OR OROANIZATION IS EXCESS AND NON-CONTRIBUTORY WHEN REQUIRED BY CONTRACT, NOTE- 30 DAYS NOTICE OF CANCELLATION WILL BE GIVEN EXCEPT 10 DAY FOR NO,N-PAYMENT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTlCE WILL BE DELIVERED N ACCORDANCE WI -I H THE POLICY PROVISIONS City of Santa Ana 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ann, CA 92702 Z—ORD 25 (L014101) The ACORD name and bio are!CORPORATION AAN tits reserved MARK THOMAS AND COMPANY A-2015-173 REVIEWED BY: Insured: Mark Thomas & Company, Inc. Policy: 6809EO91587 EUNICE HEREDA (PG 2 OF 8) Commercial General Liability CG D3 8109 07 Page I of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLREASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a ;;contract or agreement requiring insurance" to include as an additional insured on this Coverage Part but only with respect to liability for "bodily injury", "property damage", or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. a. In the performance of your ongoing operations b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard" Such person or organization does not qualify as an additional insured for "bodily injury", "property damage", or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided for such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits showing in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIAIBLITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as, a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others To Is in COMMERICAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", or "personal injury: arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the .contract or agreement requiring insurance" with such person or MARK THOMAS AND COMPANY A-2015-173 REVIEWED BY: EUNICE HEREDIA (PG 3 OF 8) organization entered into by you before, and in effect when, the "bodily injury' or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition as added to DEFINITIONS (Sectio�n V): "Contract or agreement requiring insurance" means that part of any contract Commercial General Liability CG D3 81 09 O7 Page 2 of 2 or agreement under which you are require to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and C. Before the end of the policy period. MARK THOYA'rA C MF�NY A-10&173 REY,1E ED BY: nsu ey� ,V ar� onlas ompany, C�v Policy No: ACP3006833955 EUNICE HEREDIA (PG 4 OF 8) COMML, RCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Name of Person(s) or organization (s): BLANKET WHERE REQUIRED BY WRITTEN CONTRACT, EXECUTED PRIOR TO ANY "ACCIDENT" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "Insured" for Liability Coverage, but only to the extent that person, or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of thle Coverage Form. Copyright, Insurance Services Office, Inc. 1998 MARK THOMAS AND COMPANY A-2015-173 REVIEWED BY: EUNICE HEREDIA (PG 5 OF 8) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER:UB4342T25014 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in, the Schedule. The additional premium for this endorsement shall be mium. Person or Organization: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER, % of the California workers' compensation pre - Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated, (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 09-15-2015 Policy No. UB4342T25015 Endorsement No. insured: Mark Thomas & Company, Inc. Premium Insurance Company Countersigned by DATE OF ISSUE: ST ASSIGN: poWW.&MM39W COMPANY A-2015-173 REVIEWED BY Insured: Mark Thomas & Company, Inc. 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Coverage Extension. 7. Coverage does not apply to any covered .auto" for which coverage is provided by en- dorsement form CA9923 on this policy. L. EXPANDED TRANSPORTATION EXPENSE Paragraph AA.a. of the PHYSICAL DAMAGE COVERAGE SECTION is replaced by the fol- lowing: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense in- curred by you because of the total theft of a covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to us or we pay for its "loss". M. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Section AA of the — PHYSICAL DAMAGE COVERAGE SECTION: c. We All pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage N. NEW VEHICLE REPLACEMENT COST The following Is added to paragraph C.Limit of Insurance of the PHYSICAL DAMAGE COVERAGE SECTION: EUNICE HEREDIA k 641W 03 10 5. The provisions of paragraphs Land 3. do not apply to, a covered "auto" of the private passenger type or a vehicle with a gross ve- hicle weight of 20,000 pounds or less which is a new vehicle. In the event of a total "loss" to your new ve- hi;cle to which this coverage applies, we will pay at your option: a. The verifiable new vehicle purchase price you paid for your damaged vehicle, not including any Insurance or warranties purchased; b. If it Is available, the purchase price, as negotiated by us, of a new vehicle of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturers' dealership; or. c. The market value, of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturers dealer- ship. We will not pay for initiation or set up costs associated with loans or leases In this endorsement, a new vehicle means an "auto" of which you are the original owner that has not been previously titled and which you purchased less than 365 days before the date of the "loss". 0. BLANKET WAIVER OF SUBROGATION The following Is added to paragraph 5. Transfer Of Rights Of Recovery Against Others To Us of — BUSINESS AUTO and MOTOR CARRIER CONDITIONS SECTIONS; We waive any right of recovery we may have agalnst any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement. AC 01 01A 03 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission MARK THt7M.AS AND COMPANY A-2015-173 REVIEVVED BY GENERAL PURPOSE ENDORSEMENT OFFICE PAC PLUS' EUJNICE HEREDIA (PG 7 OF 8) BNSUREDL Mark Thomas & Company, Inc. POLICY NUMBER: 680-9E09158-7-TCT-15 14 ISSUE DATE: 09/15/15 ADDITIONAL 'INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDER UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES 20 CIVIC CENTER PLAZA, SANTA ANA, CA 927'02 (IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR. ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR ONGOING OPERATIONS PERFORMED FOR THAT INSURED. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSUREDS, THE FOLLOWING EXCLUSION IS ADDED: 2. EXCLUSIONS 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 BEHALF OF THE ADDITIONAL INSURED(S) AT THE SITE 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 10 01 ISO PROPERTIES INC., 2000 CG T8 02 09 14 PAGE 1 OF 1 MA�HOMAS AND COMPANY A, 201'5-173 REVIEWED BY: EUNICE HEREDIA (PG 8 OF 8) AC(?RG► CERTIFICATE OF LIABILITY INSURANCE il,. ........... DATE(MMIDD/YYYY) 11 d5/2015 THIS CERTIFICATE, IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH15 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY T'H'E, POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S)y AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) roust 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 endorsements . PRODUCER Dealey, Renton & Associates P. ©. Box 12675 Oakland, CA 94604-2675 .CONTACT NAME David C. Eckman PHONE 510 465 30J0 FAX E-1WAIL IN'.SURER S. AFFORDING COVERAGE. NAIC IN INSU'RERA:XL Specialty Insurance Co, 37885 INSURED MARKTHOMA. Mark Thomas & Company, Inc. 1960 Zanker Road INSURER B :.... INSURER.C: San Jose, CA 95112 INSURER D : INSURER E 408 453-5373 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY P ILCY EXP MMfDDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MAQE. OCCUR EACH OCCURRENCE S 15A-PAGE TO RENTED PREMISES Ea accuarrence $ MED EXP (Any one person.) PERSONAL & ADV INJURY $. GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY ] JECT � LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ OTHER:. AUTOMOBILE LIABILITY COMBccidervlO NEQ SINGLE LIMIT Ea a $ ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accvdent) S NON! -OWNED HIRED AUTOS AUTOS '... PROPERTY DAMAGE Per accadenl. $ UMBRELLA LIAB OCCUR... EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE AGGREGATE DEL) RETENTION$" WORKERS COMPENSATION PER OTH'.AND EMPLOYERS' LIABILITY Y f N STATUTE ER. RS E.L. EACH ACCIDENT ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER'lMEMBER EXCLUDED? N t A ''' E.L. DISEASE - EA EMPLOYIf (Mandatory in NH) yes, descrdbe under DESCRIPTION UHF OPERATIONS below E.L. DISEASE - POLICY LIMI A Professional Liability DPR9725035 7/112015 7J112016 $2,000,000 PerClairn $2,000,000 Ann] Aggregate DESCRIPTION Or OPERATIONS I LOCATIONS l VEHICLES (ACORD 10 1, Additional Remarks Schedule, may be attached if more space is required) REF: MTC"s Job #IR-15103 On -Call. Engineering Services. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day(10 Day for Non -Payment of Prernlurn, —+... —I- e..v�v ten,. 4/-V IN4 CLLH I MIN IV -CY INLJ f I LJOY IUI INUIlydy UI r`IUIII City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702 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 Uc 1988-2.014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Client#: 396 ACORD.. CERTIFICATE OF LIABILITY INSURANCE D/DD/YYYY) 6 /29/ /29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Doris A. Chambers NAME: Dealey, Renton & Associates PHONE 510 465-3090 FAx A/C, No : 510 452-2193 P. O. Box 12675 E-MAILo, ADDRESS: dchambers@dealeyrenton.com Oakland, CA 94604-2675 - 510 465-3090 David C. Eckman INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: XL Specialty Insurance Co. 37885 INSURED INSURER B Mark Thomas & Company, Inc. 2290 N. First Street INSURER C San Jose, CA 95131 INSURER D : INSURER E : INSURER 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, LTRR TYPE OF INSURANCE NSRLSUBR WVD POLICY NUMBER MM/DDNYYY MM/DD/YYYY LIMITS ',. COMMERCIAL GENERAL LIABILITY EACH $ CLAIMS -MADE OCCUR ppOCCCURRENCE PREMISESOEa occur encel $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO - POLICY I IJECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY INED COMBINGLE LIMIT Ea accident S $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ '.. HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR HCLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ '... EXCESS LIAR $ '.. DED �'�.. RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N------ ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below I I E.L. DISEASE -POLICY LIMIT 1 $ A Professional 06472 7/01/2016 07/01/201 $2,000,000 per Claim Liability t $2,000,000 Ann[ Aggr. DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Scheduler may be attached if more space is required) REF: MTC's Job #IR-15103 On -Call Engineering Services. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/10 Day for Non -Payment of Premium. R VI VVf : BY, l EUNKE iERi DA (rG O � ) Lon 4 is IlaPl.A\l3iLN19N13il City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 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 ACORD 25 (2014/01) 1 of 1 #S1738861/M1738857 O 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DAC AC "RUB CERTIFICATE OF LIABILITY INSURANCE ATE (MM/DDYYYY) r �, 9/15/2016 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 Asero Insurance Services 200 N. Almaden Blvd. 3rd Floor San Jose, CA 95110 NAME: Asero Insurance Services PHONE — FAX -fA_IC-No Ext) _ 866-966-8928 (A/C,No): 408-271-1802 E-MAIL ADDRESS: certS@aserolns.com INSURER(S) AFFORDING COVERAGENAIC #_ INSURER A: Travelers Property Casualty Co of Amer 25674 www.aseroins.com _ License No 0A91339 INSURED Mark Thomas & Company, Inc. 2290 North First Street, Sulte 304 INSURER B : Travelers Indemnity Company of CT 25682 INSURERC: _— INSURERD: San Jose CA 95131 INSURER E INSURER F : WK01T=011ATell NAd9IsrNerl;11111dlild4a;a: I:kyjW1`1111111011111iLy,I 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 CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSD SUBRPOLICY WVD POLICY NUMBER MMIDD YYYYMM/DDYYYY `PAID EXP LIMITS A ✓ COMMERCIAL GENERAL LIABILITY �/ / 680-21-1548914 9/15/2016 9/15/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE �✓ OCCUR PREM SES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICYLV] JE� �� LOC _ PRODUCTS,_COMP/OPAGG _$ $- 2,000,000 ----------- ----- OTHER: B AUTOMOBILE LIABILITY BA-6H189707 9/15/2016 9/15/2017 C MBINEDtSINGLE LIMIT $ 10001000 BODILY INJURY (Per person) $ ✓ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ✓ ''; HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY PROPERTY DAMAGE {Per accident) $ $ ✓ 500 CompDe . ✓ 1,000 Coll Ded. A / '... UMBRELLA LIAB ✓ occuR CUP009EO95562 9/15/2016 9/15/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 'I EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE —Y/N OFFICER/MEMBER EXCLUDED? NIA ✓ XJUB4342T25016 9/15/2016 9/15/2017 ,/ (STATUTE �RH ---- -- E.L. EACH ACCIDENT ---- $ 1,000,000 ---------- E.L. DISEASE - EA EMPLOYEE --- $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below ----- E.L. DISEASE - POLICY LIMIT ---- $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job #IR-15103 On -Call Engineering Services The City of Santa Ana, its officers, employees, agents, volunteers and representatives NOTE: 30 DAYS NOTICE OF CANCELLATION WILL BE GIVEN EXCEPT 10 DAYS FOR NON-PAYMENT. REVIEWED BY, I UNIT F ! EREDIA (PG OF �� ) CERTIFICATE HOLDER CANCELLATION City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702 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 Joe Longwello @ 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 31788156 1 NIARFT-1 1 161l Ne,,t,r ."�:t:...L. to t stephen - -: -.he!I.er 19/15/2Jtl, u..:, f;:46 Phi (,'L;') L'jcr.1 of 10 AGENCY CUSTOMER ID: MxnKT-1 ADDITIONAL REMARKS SCHEDULE Page of AGENCY Asero Insurance Services NAMED INSURED Mark Thomas & Compa% Inc. 2290 North First Street, uite 304 San Jose CA 95131 POLICY NUMBER CARRIER T�i EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Santa Ana ADDRESS: 20 Civic Center Plaza Santa Ana CA 92702 General Liability Waiver of Subrogation / Primary & Non -Contributory as required by written contract per Inzm CG o3 81 Og 07 Commercial Auto Liability Additional Insured / Waiver of Subrogation as required by written contract per form ca rj 53 03 10 Workers' Compensation Waiver of Subrogation as required by written contract per form WC OO 03 13 (00} General Liability Additional Insured perform CG201O1001 Acomm1o1poomo1> @ 20OuACORoCORPORATION. All rights reserved. The ACOmoname and logo are registered marks ofACDRD ATrAonmswr INSURED: Mark Thomas & Company, Inc. GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-21-1548914 OFFICE PAC PLUS ISSUE DATE: 09/15/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDER UNDER THE FOLLOWING: COMMERCIAL GENERAL, LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON OR ORGANIZATION: CITY OF SAtTTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES 20 CIVIC CENTER PLAZA, SANTA ANA, CA 92702 (IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT.) A. SECTION II WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR ONGOING OPERATIONS PERFORMED FOR THAT INSURED. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSUREDS, THE FOLLOWING EXCLUSION IS ADDED: 2. EXCLUSIONS 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 BEHALF OF THE ADDITIONAL INSURED(S) AT THE SITE 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 10 01 ISO PROPERTIES INC., 2000 CG TS 02 09 14 PAGE 1 OF 1 P"f:V/OLUIiCkJ�Y ........... ._._ EUNIC' d-ER DIA(��,� _....._. _....._._.... _ _ Insured: Mark Thomas & Company, Inc. Policy: 680-2H548914 Commercial General Liability CG D3 81 09 07 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLREASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part but only with respect to liability for "bodily injury", "property damage", or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard" Such person or organization does not qualify as an additional insured for "bodily injury", "property damage", or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided for such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits showing in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section Ill) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIAIBLITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others To Us in COMMERICAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage", or "personal injury: arising out of "Your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or REV"NtVVEDd1�: kUM 1�i1EF;, D1A(P P V . _.__.__. _ __..0 -------- ­_-_1._._­ _._ ...... ....:,_. 31 88�56 1 MARK 'I-- 1 1 M9Iz,t. .:.7a1..c. 3r it I eph"n ; -a - h ..1— 1 9; 1, -/z,0, 3.7J.A& d J (PlUT) 7 Piu �E 10 organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition as added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract Commercial General Liability CG D3 81 09 07 Page 2 of 2 or agreement Linder which you are require to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and C. Before the end of the policy period. ( ........._ ..._..... _� _ 917H0H56 1 HARXT-1 1 1617 M: r,__ 1-pr.[i. Cale I Srephan.F - he11er I ;i1.5/ 1 01 6 1:SF7:46 PM (PDI) I Pag.. n of 10 Policy No: BA-61-1189707 Insured: Mark Thomas & Company, Inc. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied bythe endorsement. GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. Howovar, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- agedoaoriptionon|y.LimitoUoneandexo|usionomayopp|ytoiheomoovanegae.ReadaUthaprovimioneufthiaan- doraem*ntandtheraetofyourpo|icyoarof Uytodatonninehghte.dutiea.andwhotieandionotoovered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES ASINSURED E. SUPPLEMENTARY PAYMENTS— INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OFDEDUCl0BLE—GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following ieadded toParagraph A^1`Who Is An |naunyd. ofSECTION U —LbAB|L|TY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership inbsnaet and that is not separately insured for Business Auto Coverage. Coverage under this provision isafforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, whichever is earlier. - B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE —LOSS QFUSE — INCREASED LIMIT i PHYSICAL DAMAGE —TRANSPORTAT|C]N EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OFACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS exenuted by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, hnbenamed aoanaddi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only hzthe extent that person oror- ganization qualifies as an "ineured" under the Who Is An Insured provision contained in Section C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph &1.. Who Is An Insured, of SECTION || — LI- ABILITY The following is added to Paragraph c. in A^1` An "employee" of yours is an "insured" while Who |oAnInsured, ofSECTION U—LIABILITY operating an "auto" hired or rented under COVERAGE: contract or agreement in that "employee's" neme, with your permission, while performing Any person or organization who is required under duties related to the conduct of your buoi- awritten contract oragreement between you and noeu that person or organization, that is signed and BY- EUNICE HEREDIA (Pc, CAT35%O31O m1nThe Travelers Indemnity Company. Page 1of4 Includes copyrighted material ofInsurance Services Office, Inc. with its permission. 3178mm / mARxrI 1 16-1 711;1°t�,��c "e / 3-°ph^ �°Sch� 1 � " 1 ^,n/zom ,m.^�'ru 'mn` / rage s m m COMMERCIAL AUTO The following replaces Paragraph b. in B.5., Other Insurance, of SEC11ON IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION II — LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available RE VIEVIV D BY I d)Nb11f f HEREMA (I'c " cat .. _ _..._.... _..._ _ _........_ . _ .. _ ,..._.._.. Page 2 of 4 OO 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 3178 9 456 1 HARVT-1 I 1� 1 i9�at .i :��rti _r.at_e; I �_phan;.r .he 1. 1,?.r 1.5/ Ol, )u PM (0 it YBWr r, >£ 10 to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIB LE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV —BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or 'loss" ap- plies only when the "accident' or 'loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". RENEWED D BY f EEi�iCC k9Fi�Ei71l� �@ c F�� ) CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 3178d,156 1 11ARPT-1 1 16-17 Ka., .,.rr,.i�_ ate 3,1ephr,ni ia1 16.r :i1.5/20 1., !i:5`';4& F1 (47.) I P=igr 7 ;i lU COMMERCIAL AUTO M. BLANKET WAIVER OFSUBROGATION The following replaces Paragraph A.5,Transfer Of Rights OfRecovery Against Others To Us, of SECTION |V— BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us VVewaive any right ofrecovery wemay have against any parson or organization to the ex- tent required of you by e written contract signed and executed prior to any "accident" or^|ooa''.provided that the "acoident"or^|omo" arises out of operations contemplated by such contract. The waiver applies only tothe person or organization designated in such N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2, Con- cealment, K0ionapvneantotion' Or Fraud. of SECTION |V—BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right tocol- lect additional premium or exercise our right of cancellation ornon-ronewoi REVIEWED BY: EUNHCEIIEREDIA��-,�..4 Pago4of4 @momThe Travelers Indemnity Company. CAT%53O3iU Includes copyrighted material of Insurance Services Office, Inc. with its permission, ,000mo / HARE `1 1 `v-ou"=iu==,� / n"°p�l~"1°Sc h� 3. 1, / ,/a/zou,.m.^" rx ,PDr` / m« o "z 10 AW TRAVELERS � �� WORKERS COMPENSATION � AND EMPLOYERS LIABILITY POLICY ENDORSEMENT VVC0UO313(OU)- POLICY NUMBER: XJUB4342T25016 INSURED: Mark Thomas & Company, Inc. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person ororganization named inthe Schedule, (This agreement applies only tothe extent that you perform work under awritten contract that requires you toobtain this agreement from ue.) This agreement shall not operate directly orindirectly tmbenefit any one not named inthe Schedule. RqRwaff-plux,il DESIGNATED PERSON: ANY PERSON QRORGANIZATION FOR WHICH THE INSURED HAS AGREED 8YWRITTEN CONTRACT EXECUTED PRIOR TOLOSS TO FURNISH THIS WAIVER DESIGNATED ORGANIZATION: DATE OFISSUE: 09-15-18 GTA8S|GN: 1. w�m`' 1 16-17 5/zo1^ z.�y.^v m 'ar, I v~wf 10 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)6/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 CONTACT NAME: _Doris A. Chambers PHONE 510 465-3090 FAx (ALC.No Ext)_ E-MAIL dchambers deale renton.com _ADDRE$s� @ Y _._ INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:XL S eClalt Insurance Co. 37885 _ INSURED MARKTHOMA INSURER B : Mark Thomas & Company, Inc. 2290 N. First Street INSURERC: San Jose CA 95131 INsuRERD: — INSURER E : ---------------- - INSURER F : COVERAGES CERTIFICATE NUMBER: 2121987583 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 BY PAID CLAIMS. INSR LTR --------�ADDLgS TYPE OF INSURANCE SR-- POLICY NUMBER iREDUCED MM/DD/YEFF MM DD/YYYY -___.--LIMITS ----...... ----- COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL $ _ GEN'L AGGREGATE LIMIT APPLIES PER _&ADVINJURY GENERAL AGGREGATE _......... ...._. $ __ ',.. POLICY PRO- �._.-1 LOC JECT PRODUCTS -COMP/OP AGG ------- -- ----------- $ OTHER: i AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT$ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED----- AUTOS AUTOS BODILY INJURY (Per accident) -------. ._.._— $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident) $--- $ UMBRELLA LAB OCCUR ( EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ - $ j WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- -..---. STATUTE ER---__ E.L. EACH ACCIDENT __ __ ___ $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYE — $ (Mandatory in NH) If yes, describe under _.....-.- ............... DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability DPR9806472 7/1/2016 7/1/2017 $2,000,000 Per Claim $2,000,000 Annl Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) REF: MTC's Job #IR-15103 On -Call Engineering Services. Cancellation provisions are solely as shown on this certificate. Cancellation: 30 Day/10 Day for Non -Payment of Premium. ,Z,L LJIEVVED BY � L t INI6 E HE,R l )IA (PC, j! / )F ) %,r-m i Ir H..AIC nULIJC([ L.AVlt r-LLAIIUIN JU vaV I'A-A / IU UdY WI IVUIIr-dV UI rl Clll City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702 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 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD