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VA CONSULTING
1 5t INSURANCE ON FILE WORK MAY 1111111 UNTIL INSURANCE EXPIRES CLERK OF COUNCIL. DATE: £yt _ Z3— CONSULTANT AGREEMENT CITY OF SANTA ANA A-2015-174 THIS AGREEMENT is made and entered into this 5th day of August, 2015 by and between VA Consulting, Inc., (hereinafter " Consultart" ), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of: 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 stun to be expended under this Agreement shall not exceed Two Hunched 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 oa 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 II C. Invoices should be submitted on the 15th 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 tinder 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 Page 12 against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. 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 7. INDEMNIFICATION 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 Pagel 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: Max P. Vahid, PE President and CEO VA Consulting, Inc. 46 Discovery, Suite 250 Irvine, CA 92618 Fax: 949 - 261 -8482 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 terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which 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 Page 17 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 indeimrify City fully, including reasonable costs and attonley'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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: Maria D. Huizar Clerk of the Co- uncil APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ' and val C 'ef sistantCityAttorne, 4- ivh Director Works Agency APPROVAL: CITY OF SANTA City Manager CONSULTANT: // Af- (n e P. VallIGM, title) President Tax TD# 95-2816494 Page 18 IJ - SCOPE OF SERVICES CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES L 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, 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. The City may need consultant services for survey, snapping 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 gualifications and value -based REP. 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.gov /public- works /publicworlcs.hhnl) 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: 1. 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) format. 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 a part 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 IIl. 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 Attaclunents 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 further 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 11 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. Equal 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. Copyright - 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 -0378, 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: • Project Kick - off /Meetings • Survey • Geotechnical Materials Testing & Soils Report • Privacy Wall Design Plans • Specifications • Engineer's Estimate • 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) I - STATEMENT OF QUALIFICATIONS CONTRACT AGREEMENT STATEMENT VA Consulting, Inc. (VA) is in concurrence with all provisions as contained in the City's Draft Agreement provided as Attachment 2 in the Appendix of the RFP. FIRM AND TEAM EXPERIENCE VA is a full service consulting engineering firm specializing in the fields of public works engineering, transportation and traffic engineering, storm drain /flood control /water resources engineering, right of way engineering, land surveying and construction management and inspection services. The firm is a private "S" Corporation founded in March of 1973 and has offices strategically located in Irvine, Corona, and San Diego, California and Phoenix, Arizona. For 42 years, VA has been providing high - quality public works engineering services to public sector clients throughout Southern California. Our current volume of projects consists of over 200 for both the private and public sectors throughout southern California. This work has benefited from the synergy within a multi - disciplinary firm that combines the diverse talents and experience of our staff to achieve client goals. VA's technical staff consists of over 70 professional engineers, and surveyors who have the broad range of skills required for creative solutions to complex problems. VA's reputation as a responsive and effective consultant provides the cornerstone of our values and embodies our mission to provide quality planning, engineering, and land surveying to our clients and our community. Our completed projects are examples of the outstanding engineering work possible in today's high technology environment. The City's professional service needs will be met with VA's high quality work, good communications, and effective project management. As a well - established local firm, VA has the resources and abilities to provide personalized service while keeping the work on schedule and within budget. Our team of engineers, designers and surveyors excel in developing and rehabilitating infrastructure for public facilities, and programs for preserving the recreational assets and the natural environment. The City will benefit from VA's: • Staff availability and quick response capabilities; • Excellent communication and coordination of all project issues; • Reputation for innovation and value engineering; • Specific attention for completion of assigned tasks ahead and /or on schedule; ✓ Advanced technology, extensive resources, and expertise; ✓ Local knowledge of the area, and the City's review process; ✓ Highly qualified project management capabilities; and ✓ Comprehensive QA /QC Program. The VA Team will be based out of VA's Irvine office. The primary project office contact information is provided below: PAGE i CITY OF SANTA ANA ON CALL ENGINEERING SERVICES VA's financial position is secure. The backlog of work is stable and the VA's financial position is firm has used this position to seek and employ professionals to secure. vnhasnever supplement our already experienced and competent staff. As such, we declared bankruptcy and are in a position to offer the City experienced personnel who have has no prior or pending litigation, liens or claims previous experience providing the requested technical services. VA has Involving the firm. never declared bankruptcy and has no prior or pending litigation, liens or claims involving the firm. Project Team Organization VA has assembled a highly qualified team of consultants for this project. VA will serve as the primary consultant and will provide overall project management, surveying, utilities coordination, civil engineering, traffic engineering, quality control, and construction support activities for the project. To support VA, we have teamed with four (4) specialized sub - consultants who will provide focused technical assistance. Our integrated team structure will provide effective direction, hands - on control, and comprehensive coordination. Staff and team members were chosen based on their excellence in implementing street and intersection improvement projects, their familiarity and experience working with the City and involved agencies, and their ability to commit to this contract. Efficient coordination within our proposed team is facilitated by long- standing relationships between the team members as they have worked together on a number of local projects in a similar capacity. The Team Organization Chart is provided on Page 6. SUB - CONSULTANTS To support VA, we have teamed with specialized sub - consultants who will provide focused technical assistance. A summary of our sub - consultants is provided below. Firm: Chambers Group, Inc. Primary Contact: Paula Fell; 949 - 261 -5414 5 Hutton Centre Drive, Suite 750, Santa Ana, CA 92707 Work Tasks: Environmental Documentation and Permitting Company Profile: Public agencies and businesses have been relying on Chambers Group, Inc. to keep them in compliance with applicable federal, state, and /or local environmental laws, regulations, and guidelines since 1978. No California Environmental Quality Act (CEQA) document prepared by Chambers Group has ever been successfully challenged —a direct result of our proven expertise in interpreting environmental legislation and regulations and preparing successful documents. Chambers Group is a one -stop source for a full complement of in -house planning and natural science technical environmental staff. They prepare the appropriate CEQA or National Environmental Policy Act (NEPA) document, prepare required resource agency permit applications (401, 404, 1602), prepare Mitigation Plans and monitor construction activities for compliance. PAGE CITY OF SAN rA ANA W. ON-CALL ENGINEERING SERVICES Firm: Hushmand Associates, Inc. Primary Contact: Ben Hushmand, Ph.D, PE; 949 - 777 -1266 250 Goddard, Irvine, CA 92618 Work Tasks: Geotechnical Engineering Company Profile: Hushmand Associates, Incorporated (HAI) is a professional engineering consulting firm with more than 23 years of successful experience in offering geotechnical consulting, earthquake geotechnical engineering, and soil and material inspection and testing services for both private and public sectors throughout southern California and elsewhere in the country and overseas. We are headquartered in Irvine with offices in La Habra and Walnut Creek, California. Their in -house soil mechanics laboratory is certified by Division of the State Architect (DSA), City of Los Angeles, AASHTO Materials Reference Laboratory (AMRL), and Caltrans. They have extensive experience with projects including design and construction observation and testing of mass grading projects, new and rehabilitation of existing roads (including AC, PCC, CTB, FDR, slurry seal, and overlay), new and seismic retrofit of bridges, new and seismic retrofit of dams and reservoirs, remediation of slope failures (and landslides), pipelines, power plants and electric substations, landfills, and residential, commercial, and government buildings (offices, hotels, police and fire stations, emergency management centers, universities and research laboratories, among others). Firm: NUVIS Primary Contact: Robert Stone, ASLA; 714 - 754 -7311 3151 Airway Ave., Suite J -3, Costa Mesa, CA 92626 Work Tasks: Landscape and Irrigation Design Company Profile: NUVIS is a landscape architecture and planning firm. Since its start -up in 1971, NUVIS has provided professional planning and landscape design services to a multitude of public agencies — city, district, county, state, and federal developers. Projects have included providing landscape design services for greenbelts and streetscapes; regional transportation corridors; residential master planned and planned -unit; urban infill; golf course /country club oriented and senior communities with associated recreation areas. Firm: Dahl, Taylor and Associates Primary Contact: Quang D. Vu, P.E.; (949) 756 -8654 2960 Daimler Street, Santa Ana, CA 92705 Work Tasks: Mechanical Engineering, Electrical Engineering Company Profile: Dahl, Taylor & Associates, Inc. (DTA) is a 50 -year old consulting engineering company that provides mechanical, electrical and structural engineering services to private and public clients. DTA was incorporated in the State of California on December 21, 1981 and is a certified MBE /DBE company headquartered in the City of Santa Ana with branch offices in Los Angeles, San Diego and San Jose. DTA's engineers and designers plan, survey, design, commission and manage both new and retrofit projects. DTA also performs project management and construction management for projects. At present, DTA has 19 staff engineers and support personnel. PAGE CITY OF SANTA ANA ON-CALL ENGINEERING SERVICES 1: {, \YVLTIN4 PROJECT MANAGEMENT The Project Manager for the VA Team will be Carlos Pineda, P.E., LEED AP, QSD /QSP. Carlos will provide overall project management and direction for projects. Carlos is a California registered Professional Engineer with 33 years of professional engineering experience in design development and construction of community infrastructure. His public works design experience covers a wide variety of projects including the improvement of major arterials, secondary highways and collectors, flood control and drainage, water and sewer systems, ADA retrofit, and safe routes to schools. He is invaluable as a Project Manager and has a reputation for adding value to projects through innovation, sustainability, and value engineering. Carlos will be supported by VA's Principal in Charge, Max Vahid, P.E., Quality Control Supervisor, Mohammad Heist, P.E. and Keith Rutherfurd, T.E. (Alternate Project Manager /Traffic Analysis and Design). Max and Mohammad are Registered Engineers in the State of California with a combined professional engineering experience of 69 years. Max and Mohammad are invaluable as quality control leaders and have a reputation for exceptional quality project documents and adding value to projects through innovation, sustainability, and value engineering. They will ensure that proper resources are provided to complete the project on time and within budget and that precise, quality project documents are submitted. Keith is a California registered Traffic Engineer with 29 years of professional experience with a broad background in transportation analysis and the preparation of traffic design plans. Key Staff Qualifications The team members selected to work on this project have extensive experience individually and as a team in providing the anticipated services. Table 1 below provides a summary of each individual's credentials, proof of California professional licenses required to perform the scope and specifications of this project, years of professional experience, and percentage of time available to dedicate to this project. All key staff members will be available for the duration of the proposed contract and will provide the necessary resources to successfully complete all tasks on time and within budget. No person designated as "key' to the project will be removed or replaced without the prior written concurrence of the City. . In addition to the listed key individuals, the VA Team has ample technical support staff to assist in the completion of projects. PAGE A CITY OF SANTA ANA ON-CAL.I. ENGINEERING SERVICES C'(1'1'AILTIN4 PAGE 5 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES c°niwrm° QUALIFICATIONS SYNOPSIS Name l Firm Role Years Education CA Licensee. Available Experience Type Number for this Project Professional Max Vahid, PE Principal in Charge 35 BS Engineer (Civil) 40% VA Consulting License No. 46292 Professional Mohammad Heist, PE Quality Control Supervisor 34 BS, MS Engineer (Civil) 40% VA Consulting License No 45776 Carlos Plneda, PE, Professional LEED -AP, QSD /QSP Project Management 33 BS, MS Engineer (Civil) 80% VAConsutting MBA License No. 38639 Keith Ru rd, TE Alternate PM/ Traffic Engineering Task Traffic Engineer ° 80% VA Consultlting ing Leader l Grant Writing 29 BS, MS License No. 1647 Professional Jeff Wilkerson, PE Civil / Street Design Task Leader 14 BS, MS Engineer(Civil) 80% VA Consulting License No. 63466 Professional Greg Sebourn, PLS Surveying / Right of Way Task Leader 14 AS Land Surveyor 50% VA Consulting License No. 8395 Dan lines, PE Drainage/Water Quality /Structural Task Professional Engineer (Civil) ° 70% nsues, VA Coonsu Consulting Leader 24 BS No. 55210 Charlie McKinley, PE Water and Sewer Infrastructure Task Professional Engineer (Civil) 70% VA Consulting Leader 30 BS License No. 38484 Broz, TomPE,SE Construction Mngr. /Inspection Task Professional Engineer(Civil) ° 70% VA Coonsulnsulting Leader 42 BS License No. 24581 Paula Fell Environmental Task Leader 18 BA, MS 50% Chambers Group — Professional Ben Hushmand, PhD, PE Geotechnical Task Leader 31 PhD Engineer (Civil) 50% Hushmand Associates License No, 44777 Professional Robert Stone, ASLA Landscape and Irrigation Task Leader 32 BS Landscape Architect 50% NUVIS License No. 1891 PAGE 5 CITY OF SANTA ANA ON -CALL ENGINEERING SERVICES c°niwrm° ! ! r {) \ � { ƒJ«\} }�,� - _ LLr ; : ! u z /~ } }( \�® }K ff - - � / )j/ * � § (}( VA CONSULTING, INC. ENGINEERS• PLANNERS• SURVEYORS V 46 Discovery, Suite 250 Irvine, CA 92618 N Phone (949) 474 -1400 Fax (949) 261 -8482 CONSULTING 2015 FEE SCHEDULE Staff Classification Civil Engineering and Planning Services Hourly Rate President.......................................................................................... ............................... $200 Division President/Division Manager ..................... ............................... ...........................$175 Sr. Vice President/Vice President/ Exec. Director ............................ ............................... $165 Director............................................................................................ ............................... $163 Senior Project Manager ................................................................... ............................... $160 ProjectManager ............................................................................... ............................... $150 Assistant Project Manager ............................................................... ............................... $145 Senior Project Engineer /Senior Design Supervisor /Senior Planner .. ............................... $140 Project Engineer /Design Supervisor ................................................. ............................... $135 Senior Design Engineer /Senior Designer ......................................... ............................... $125 Design Engineer / Planner ...................................... ............................... ...........................$120 Designer.......................................................................................... ............................... $110 Assistant Engineer /Assistant Planner ............................................... ............................... $100 Research and Processing Coordinator .............................................. ..............................$ 95 Senior CADD Technician ................................................................. ............................... $ 90 JuniorEngineer ................................................................................ ............................... $ 85 CADDTechnician ............................................................................ ............................... $ 80 EngineeringIntern ............................................................................. ..............................$ 70 Office Support/Clerical ..................................................................... ............................... $ 70 Field Survey and Mapping Services Director of Survey and Mapping ....................................................... ............................... $163 Managerof Field Survey ...................................................................... ............................... $130 Survey and Mapping Associate ............................................................ ............................... $100 Survey and Mapping Technician ............................................................ ..............................$ 80 3 -Man GPS Crew ................................................................................. ............................... $250 2 -Man GPS Crew ................................................................................. ............................... $215 1 -Man GPS Crew ................................................................................. ............................... $175 Notes: 1. Invoices will be prepared for all services through the end of each calendar month. Invoices are due and payable upon presentation. 2. Overtime, when requested by the client, will be surcharged at a rate of 135% of the standard hourly rates. Sundays and holidays will be surcharged at a rate of 170% of the standard hourly rates. 3. Reprographics, messenger service, travel (including lodging and meals), and other direct expenses will be charged at cost plus 10 %. The services of outside consultants will be charged at cost plus 15% to cover administration and overhead. 4. In -house reprographics charges: B &W Bond copies $0.66 /sq.ft, Color Bond $6.00 /sq.ft. 5. Mileage will be billed at standard mileage rates set by IRS. 2015 rates currently listed at $0.575 per mile. CHAMBERS ,Vok)$ GROUP EQUIPMENT /OTHER DIRECT COSTS /OVERTIME POLICY OTHER DIRECT COSTS Copies - Internal UNIT per page UNIT COST $0.15 Color Copies 8 "X11" per page $1.00 Color Copies 8 "X17" per page $2.00 GIS Machine & license per hour $15.00 GIS Materials actual Rental Field vehicle 4WD per day $80.00 Field Vehicle Use: Off Road 4WD per day $65.00 Field Vehicle Use: On Road 2WD per day $45.00 Mileage per mile Fed Rate GPS — Real time, Trimble per day $60.00 CD -ROM's per CD $2.00 Mail /Delivery* actual Field Phone per day $2.00 Outside Printing* actual All Other Outside Services* actual Bio Survey /Monitoring Equipment per day $6.00 Bio Survey /JD /Restoration Equipment per day $8.00 Bio Fish Survey Equipment per day $15.00 Focused Plant Survey Equipment per day $10.00 Cultural Survey Equipment per day $6.00 Cultural Site Recording per day $8.00 Cultural Testing /Excavation per day $14.00 Cultural Monitoring Equipment per day $10.00 iGage perday $15.00 Sonabat per day $46.00 Electrofisher per day $200.00 • * = plus 15% handling fee • California Natural Diversity Database • Z) California Natural Plant Society Electronic Inventory Database • All outside services and rentals etc. carry a 15% markup Equipment Rate sheet available upon request. OVERTIME All nonexempt employees who work more than 8 hours in one workday or more than 40 hours in one work week will receive overtime pay as follows: 1. Overtime compensated at the rate of 1.5 times the employee's regular hourly rate of pay will be provided for all hours worked on excess of 40 in one work week, for the first 4 hours in excess of 8 in any one workday, and for the first 8 hours on the seventh day in one workweek; and 2. Overtime compensated at the rate of two times the employee's regular hourly rate of pay will be provided for all hours worked in excess of 12 in one workday and for all hours worked in excess of 8 on the seventh day of work in one workweek. All overtime will be computed on actual minutes worked, adjusted to the nearest increment of 15 minutes. HOURLY RATES Title CHAMBERS GROUP FEE SCHEDULE January 1, 2015 Senior Director $210 Director /Program Manager $190 Sr. Project Manager $150 Project Manager /Sr. Project $95 Specialist $128 Managing Biologist/Botanist $175 Senior Biologist /Botanist $139 Project Biologist /Botanist $118 Staff Biologist /Botanist $105 Biologist /Botanist $95 Asst. Biologist /Botanist $85 Managing Cultural Resources Spec $145 Senior Cultural Resources Spec $120 Project Cultural Resources Spec. $108 Staff Cultural Resources Spec $95 Cultural Resources Spec $82 Asst. Cultural Resources Spec $67 Managing Environmental Planner $175 Senior Environmental Planner $139 Project Environmental Planner $118 Staff Environmental Planner $105 Environmental Planner $95 Asst. Environmental Planner $85 Managing Air /Noise Specialist $175 Senior Air /Noise Specialist $139 Project Air /Noise Specialist $118 Staff Air /Noise Specialist $105 Air /Noise Specialist $95 Asst. Air /Noise Specialist $85 Senior GIS Analyst $134 Staff GIS Analyst $109 GIS Technician $92 Project Controls Specialist** $85 Technical Editor /Project Asst ** $79 Word Processor ** $68 Clerical *" $56 DAHL, TAYLOR & ASSOCIATES, INC. CONSULTING ENGINEERS MECHANICAL, ELECTRICAL and STRUCTURAL ENGINEERING SERVICES FEESCHEDULE 1. Classification Hourly Rate Principal Engineer $206.00 Senior Structural Engineer $197.00 Structural Engineer $178.00 Senior Mechanical /Electrical Engineer $176.00 Mechanical/Electrical Engineer $148.00 Senior Designer $115.00 CAD Designer $89.00 Technical Typist $71.00 2. Automobile Expenses: Mileage expense as allowed by IRS thereafter. Automobile Rental, Fuel Cost, Toll Fees, Parking Fees, and Air Fare shall be at Cost. 3. Per Diem Expenses at Cost. 4. Blue Printing and Reproductions at Cost Plus 5 %. 5. Consultant at Cost Plus 5 %. 6. Special Instrumentation, Outside Tests and Reports at Cost Plus 5 %. 7. Terms of Payment -- Net 30 Days; Interest Rate = 1 ''/2% Dffcefive Jannxry 1, 2015 — December 31, 2015 HEADQUARTERS: 2960 DAIMLER STREET, SANTA ANA, CA 92705 E. (949) 254 -8016 0 FAx (949) 502-0777 SANTA ANA D SAN DIEGO WWW.DAHLTAYLOR.COM QVU @DAHLTAYLOR.COM V) W Q ry Q Z V) V) w H O n N _U V I S HOURLY RATES: Professional services (including portal to portal domestic travel time) performed on an hourly basis will be billed at the following personnel rates. Corporate Principal $200.00 /hour Principal 172.00 /hour Senior Associate 155.00 /hour Associate 140.00 /hour CADD Technician I 130.00 /hour CADD Technician II 120.00 /hour Administrative 85.00 /hour DIRECT PROJECT EXPENSES: Direct Project Expenses (DPE) shall be billed to the CLIENT in addition to fees for professional scope of services at the multiplier of 1.15% of actual cost. They include, but may not be limited to, production `materials' or expenditures on behalf of the project, including: computer related expenses (ie: plotting and digital transfer items); domestic courier delivery service and postage/ shipping/ overnight delivery; facsimile (outgoing); photography and related supplies; applicable travel expenses (including mileage at the current IRS rate); in -house printing /reproduction; special insurance coverage; and subconsultants not retained by the CLIENT. 3151 Airway Avenue, J3 I Costa Mesa, CA 92626 1 714.754.7311 1 nuvis- cm @nuvis.net I www,nuvls.net I CAI 226r Nv396, A731507 l �Al STANDARD SCHEDULE OF FEES Professional Services Staff Engineers, Geologist Project Engineers, Geologists Senior Engineers, Geologists Associate Engineers, Geologists Principal Engineers, Geologists Expert Witness Technical Services Clerical Word Processing, Technical Text Editing CARD Engineering Technician (Field and Laboratory) Senior Engineering Technician (Field and Laboratory) Minimum Field Services Fee Field Service Calls $95 /hour $115 /hour $135 /hour $145/hour $175/hour $260/hour $55/hour $55/hour $65/hour $65/hour (non- prevailing wage) $95/hour (prevailing wage) $73/hour (non - prevailing wage) $95 /hour (prevailing wage) 4 -hour minimum fee Travel Travel time will be charged at our regular hourly rate, not to exceed 2 hours per day for sites within 60 miles from our office. Mileage will be charged at a rate of $0.65 per mile. Mileage will not be charged when field truck is used and charged. Overnight stay per diem will be charged $135 per day. Equipment Field Truck and Field Test (Nuclear Gage) Equipment $12/hour (max $90 /day) Field Truck $9 /hour (max $70 /day) Vibration & Environmental Monitoring Equipment Separate Schedule Outside Services Rental of special equipment not ordinarily furnished by Hushmand Associates, Inc. and all other costs such as labor, special printing, expendable field supplies, etc. Cost + 15% Terms Billings are payable upon presentation and are past due 30 days from the invoice date. A finance charge of 1.5 percent per month, or the maximum amount allowed by law, will be charged on past -due accounts. LABORATORY SCHEDULE OF FEES Item Type of Test Test Method Unit Price L INDEX PROPERTIES 1.1 Visual Classification ASTMD 2488 $10.00 1.2 Moisture Content ASTM D 2216 $14.00 1.3 Moisture Content & Density (ASTM D 2937) a Shelby Tube Sample $35.00 b) Other Samples $20.00 1.4 Particle -Size Analysis of Soils (ASTM D422) a Sieve Only $70.00 b Sieve and Hydrometer $140.00 1.5 Percent Passing # 200 Sieve ASTM D 1140 $55.00 1.6 Atterberg Limits (ASTM D 4318) a Multi Points $120.00 b) One Point $60.00 c) Non Plastic $32.00 1.7 Specific Gravity ASTM D 854 $70.00 1.9 Sand E uivalent ASTMD2419 $85.00 1.10 Expansion Index (ASTMD4829 $130.00 II. SOIL CHEMISTRY 2.1 Soil pH (CTM 643 ) $40.00 2.2 Electrical Resistivity CTM 643 $85.00 2.3 Sulfate Content CTM 417 $60.00 2.4 Chloride Content CTM 422 $60.00 2.5 Organic Content (ASTM D2974) $60.00 2.6 Soil Corrosivity Package (pH, Electrical Resistivity, Sulfate content, & Chloride Content ) $200.00 IH. COMPACTION 3.1 Standard Proctor Compaction (ASTM D 698) a) 4" Mold $145.00 b) 6" Mold $170.00 3.2 Modified Proctor Compaction (ASTM D 1557) a 4" Mold $165.00 b) 6" Mold $195.00 IV. STRENGTH TESTS 4.1 R Value (CTM 301) $250.00 4.2 Unconfined Compression (ASTM D 2166) $80.00 Sample Remoldin for Unconfined Compression $45.00 4.3 Direct Shear, per point a) Unconsolidated Q Test $53.00 b Consolidated Test $70.00 c) Consolidated, Drained (ASTM D 3080) $85.00 d) Residual - per point $58.00 Sample Remolding,for Direct Shear $48.00 4.4 Triaxial, per point (ASTMD4767) Consolidated, Undrained $330.00 Sample Remolding for Triaxial $60.00 Page 2 LABORATORY SCHEDULE OF FEES (continued) V. CONSOLIDATION 5.1 Consolidation (ASTM D 2435) a) Up to 10 load/unload increments, one time reading$200.00 b) Each additional time reading$60.00 c Each additional load increment $35.00 Sample Remolding,for Consolidation $45.00 5.2 Collapse Potential (ASTM D 5333) $110.00 Sam le Remoldin for Collapse Potential $48.00 5.3 Swell or Settlement Potential (ASTM D 4546) $105.00 Sam le Remoldingfor Swell or Settlement Potential $48.00 VI. PERMEABILITY 6.1 Constant Head (ASTM D 2434) $175.00 Sample Remolding or Constant Head $55.00 6.2 Flexible Wall (ASTM D 5084) $220.00 1 Sample Remolding for Flexible Wall $55.00 Notes: 1. Samples will be stored for 3 months. Prior notification is required if samples need to be stored for a longer period of time. A rnombly storage fee of $4 /bag and $1 /sleeve will be applied. Prices shown above are based on the assumption that all soil samples are "clean" and that the turnaround time of results is standard (1 to 2 weeks). 2. Payment for services is due upon presentation. If not paid within 30 days of the invoice date, they will be considered past due and a carrying charge of 1.5% per month (or the maximum rate allowed by law) will be added to the unpaid balance. Any Attorney's fees or other costs incurred in collecting any delinquent accounts will be added to the amounts due and shall be paid by the party invoiced. EXHIBIT C CERTIFICATIONS C -1 through C -3 i APPENDIX ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.: 14 -03713 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 States 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, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or 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 advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has 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 fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that malting a false certification may subiect the certifier to criminal mosecution. Signed County of_Orange ___ Subscribed and —(Or --- before me on this 18th day o Jvne--.. proved to me on the basis of satisfactory evidence to he the person(s) who appeared ti G'�14ach CCU Notary Public Signature Notary Public Seal by LJ 0 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ICJ See Attached Document (Notary to cross out lines 1 -6 below) ❑ See Statement Below (Lines 1 -6 to be completed only by document slgner[s], not Notary) 3rgnahrre -offJoevmenfSigrvei-Pdo.7 -^ sigrratvre- of- Bocurnetrt- 9ignarNo- c'-(ff-anY) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 4, 2 a , VERA AUGUSTA KLATCH Commission # 20152616 Notary Public • California z orange County M Comm Es Iras MIT 26 2017+ Seal Place Notary Seal Above Subscribed and swerpr to (or affirmed) before me on this —LB�L day of ALA- 1 20 P by Date Month Year Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature - Signature o otary Public OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: ----- Signer(s) Other Than Named Above: Document Date: 02014 National Notary Association • www.NationaiNotary.org - 1- 800 -US NOTARY (1- 800 -676 -6827) Item #5910 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds 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 making 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. 1 if any finds 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 shall complete and sub'm'it a "Disclosure of Lobbying Activities". i 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 fails 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 langaage of this certification be included in all lower tier subcontracts, wl-rich exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Signed and Printed Name: Title.._ Division,Presiderpt Date A'1TACI VIENT 3 2: NON- L013I3Y1NC CER "�IF$GATIOIY CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING SERVICES — PART B REP 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: 1. No federal appropriated funds 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 making 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. 1 if any finds 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 shall complete and sub'm'it a "Disclosure of Lobbying Activities". i 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 fails 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 langaage of this certification be included in all lower tier subcontracts, wl-rich exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Signed and Printed Name: Title.._ Division,Presiderpt Date APPENDIX ATTACHMENT3-3.NON- b1SCRIMINA NCERTIFICATION CERTIFIC ATIONS. A CITY OF SANTA ANA REQUEST FOR PROPOSALS M FOR ON -CALL ENGINEERING SERVICES — PART B RFP NO.: 14 -037B ® The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: I 1. 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 tennination; 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 employer eat 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 section, 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 rules, 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 nondiscrani,nation clauses of this contract or with any of the said riles, 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 11.246 of September 24, 1965, or by rile, regulations, or order of the Secretary of Labor, or as. otherwise provided by law. 7. 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, 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 Slats. 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 provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: / Title: Division President Firm: VA Consulting, Inc. Date: June 18, 2015 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 VA G'ONOULTING. INC R-CA 8 /4 /15.AGR # TBD REVIEWED BY /""/" PUNIC h FIE'RPDIA (1 OF 9) ❑ATE(MMIDDSTYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMA'T'IVELY 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 IN3URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemontt, A statement on this certificate does not confer rights to the PRODUCER Dealey, Renton & Associates DRA License 0020739 Ana CA 92711 -0550 INSURED VACONSULT INSURER e,Travolers Rropalty Casualty Co VA Consulting Inc wsURERa (Travelers Casualty & Swey Co 48 Discovery, Suite 250 - InNne CA 92618 INSURER o: COVERAGES CERTIFICATE NUMBER: 573104768 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 1-0 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWI1115rANDING ANY REQUIREMENT, PERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO'WHICI1 -1 HIS 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 AD ➢ea i"iy2 . ....___ . POLICYNUMBER TONG EFF MNII❑OIYVYY P LILY P \1 �N ❑nIYYYY .�.�_. _ LIMIrS A X COMMERCIAL GENERAL LIABILITY CLAIMS AA02 YOGOlP V Y 68M648L268 11/24(2014 1112412015 C,CNCCCUCRFUty DAMGE 0 T PREMISE ^3 Ee occurrnlc�_ $1000,000 $1,000.000 nepereotl _ 10,000 PERSONAL& AOV INJURY $1000,000 CLNLAOGRrOA'TELqIIM�IIAPPLIGSPER: POUCY �,LiECT j TOO OFNFR. AOOIEOATc 42,000,000 PRODUCTS I GO HOPAGS aJ,09(i000 s OCHER: B AUTOMOBILELIABILITY y Y BAh908Lfi40 '11124/201-0 _ ' I'ti2A/2016 I L 6_E LIMIT �9,9000dn ❑1} $'1,60 D,OD0 '!. ANY AUI'0 BODILY INJURY (Per persoN D X _ FlU OV4NEO A SCI AUTOS A(�N -- AUTOS HIRED AVID& X AUTOB 90DILY INJURY neol +anl) 8 A_KIA0 v - PRDPCRTY DAM "E --- _._ 5 8 X UMERELIA LIAR X OCCUR Y Y C1 /P4184T1Ui 1'1/2472014 11/24 /2015 ;ACH OCCURRENCE $0000000 EXCESS LIAO LLAIbIS MADE —. - PGGRC ATC ....0 ..__._ y,9000,U00 ..._. _ _ DED NEI EN NON$ k U PIORI(6RS COMPENSATION ANDGMPLOVERS't1ABILITY YIN ANY PROPRID rA II PRIM In yHfY1GXCLJLlIED9 G('UTIV6 ( ❑ IfYs dy0Lflfl�llRd01" v N/A ' UB7065Y535 '.. 'I1f24/9014 11/24/2095 jPER OTH- )` BTfiTLrrE E`,DAf 11A LIO ... FNI' 11 6rA F FA rMPLOYEC y9 ,000A00 _ $10D0000 - E, L. SSCAMD POTCY LIMIT —_. 81,00000_0_ DESCRIPTION OF OPERATIONS bd'N - ._ C Professional LISbilty Glalms Made 1 106990591 flP161201fi 6/16/2016 _ $,2,000,000 PNI'Claim $2,000,000 AnnuEI ADUr. DESCRIPTION OF OPERATIONS I LOCA'fIONS f VEHICLES (gCOGD 991, Addltlonal Rwnm9frs tichutlulG may ue utiacbad If Inure ¢Uaco Is reyuimdl General LIAO. OXCILICIQS clalma arising Out of the performance of profesalonal services. Umbrella policy la a follow -fonts to underlying General Liabllity /Auto Liability /Employers Liability, Re: All Operations as pertains to named Insured. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are Addltlonal Insured as respects to General Liability coverage as required by written contract. Coverage afforded the Additional Insured Is Primary and Non - Contributory as respects to General L lability coverage. See Attached... City of Santa Ana 20 Civic Center Plaza Santa Aria CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAl'E THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Ann) RIYLb REPRESENTATIVE ©1988 -2014 ACORD CORPORATION. All rinhts reserved ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD VA CONSULTING, INC HI-CA W4116 AGR 0 rBD REW. VVED BY €,-"` . ,d'' EUNICE BERET >IA (2 OF 9) r' AGENCY CUSTOMER ID: VACONSULI LED 0: �— .._.___.... .... Page S of i AGENCY Dealey, Renton & Associates NAMED INSURED VA Consulting Inc - 46 Discovery, Suite 250 POLICY NUMaER Irvine CA 92618 CARRIER. NAIL CODE EFFECTIVE DATEt -- THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 26 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Separation of Insureds - Except with respect to the Limits of Insurance, and any rights orduties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As If such Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. AGORD 101 (2008101) _ "" 02008 ACORD CORPORATION. All rights reserved. 1 119 AWNI -) name and Togo are registered marks of ACORD VA CONSULT "I iNG, INC RFCA 814115 AGR "J TBD REVIEWEL) SY. POLICY NUMBER: 6804848L258 /R . G{ ' ' °" ( EUNICE NERLDIA (3 OF I)) COMMERICAL GENERAL LIABILITY ISSUE DATE:e /27/2015 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REAL} IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION($): City of Santa Ana 20 Civic Center Pia2a Banta Ana CA 92'702 PROJECT/LOCATION OF COVERED OPERATIONS: Re: All Operations as pertains to named insured, The City of Santa Ana, :i.ts officers, employees, agents, volunteers and representatives PROVISIONS A The following is added to WHO IS AN INSURED (Section 11): The person or organization shown In the Sched- ule above is an adriflonal Insured on this Cover. age Pert, but only with respect to liability for bod- ily Injury ", `property damage" or 'personal injury caused, in whole or in part, by year acts Oromis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; b. In Connection with premises owned by or rented to you; or C, In connection with your work and included within the "products- oompieted operations hazard." Such person or organization does not qualify as nn addilional insured for "bodily injury ", 'property dalnagt" or "personal injury' forwhich thatirerson or organization has assumed Itabllity In a contract or agreement. The insurance provided to such additional Insured is limited as follows! d, This Insurance does not apply to the render- ing of or failure to render any "professional services ". e. The ]units of insurance afforded to the addi- flonai Insured shall be the limits which you agreed In that contract or agreement requir- ing insurance" to provide for that additional Insured, or the limits shown in the Declarations for this coverage Part, whichever are less. This endorsement does not incrouse 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 LIABILITY CONDITIONS (Station IV); However, if you spedfioally agree In a contract or agreement requiring insurance that, for the addi- tlonat insured shown it the Schedule, the insur- ance provided to that additional Insured under this CG D3 82 09 07 page i 2007 The Travelers Companies, Inc. Includes file copyrighted material of insurance Services Office Inc., will its permission r 4 f VA CONSULTING, INC RFCA 8!4(15 AGR ii TF3D Fd ,VIEWED BY. ,r g„r` E3UNICE hit- F:EDIFl (4 OF 9) COMMERICAL GENERAL LIABILITY Coverage Pall must apply on a primary basis, or a 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 "personas injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract of agreement requiring Insurance" for such additional Insured. 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 additional insured when the additional insured is also an additional insured under any other insulrancc, C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily Injury ", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown In the Schedule above, performed by you, or on your behalf, under a " contraot or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and to effect when, the "bodily injury" or "property damage' occurs, or the "personal njury" offense Is committed. D. The fallowing definition is added to DEFINITIONS (Section V): "Contract or agreement requiring Insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule 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 effer„t; and c. Before the end of the policy period, CG D3 82 09 07 Page z 200] The Travelers Companies, Inc. includes the copyrighted material of Insurance Services Office Inc., with Its penis ssion VA CONSL1t FING, INC RFCA 814115 AGR # TBU REVIEWED BY P01_ICY A. sAdau 81,5,18 P . I_.UNIGE I hR EfAIA { OF 0) COMMERCIAL 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 ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below, - -- — EndorsemenfEffective: a /z7Jzole CountersgnedBy: Named Insured: VA Consulting Inc - _.._ (Authorized Re resontative) SCHEDULE Name of Person(s) or Organizatfon(s): Re; All Opera tions as pert.aino to named insured. 'She City of Santa Ana, its officers, employeas, agents, volunteers and representatives (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" wider the Who Is An Insured Provision contained In Section II of the Coverage Forrn. CA 2048 02 99 Copyright, Ins Ience Services Office, hic., 1998 S �?,` }({ 1/A CC)N51.1l:TIiVG. InIC RI=CA A/�4/15 AGIR S! T6D IIEVIE1MEp El`r. ! !' FUA(IC:E IFkE(l IA (6 OF 9) TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) — 001 POLICY NUMBER: ue7r,6sysas OTHENS ENDORSEMENT (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. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Santa Ana Re: All. operations as pertains to named 20 Civic Center. Plaza insured, Santa Ana CA 92702 The City of Santa Ana, its mff.i.cers, einployeea, agents., volunteers and ropresentatives DATE OF ISSUE: 2/27/201.5 ST ASSIGN: CA 017106 \IA iCONSUU?NC, INC SRI -CA Bill la AGR # TI3L7REMBAIGD BY ... E[JPllr <' HERE PIA (i OF 0) This endorsement modll'les Insurance_ provided under the following: COMMERCIAL EXCESS LIABILI- Y(UMBRELLA) INSURANCE The following is added to Paragraph -P6, OUR RIGHT TO RECOVER FROM OTHERS, of SECTION IV — CONDITIONS.: If the Insured has agreed In a contract or agreement to waive that irisured's right of recovery against any person or organization, we waive out right of recovery agnlnst such person of organlzatlon, but only for payments we make because of: a, "Bodily injury" or "prolaerty clamage" crfused by an "occurrence" that takes place; or b, "Personal injury" or "advertising injury" caused by an "offense" that Is committed; subsequent to the execution of the contract or agree- ment, UM 04 A$ 07 03 02008 The Tfmlors Ca,np[Nios -ine, Page "1 o-r } IneludtM, I copyrighted malerlal of Insutanee scry ce-i ork" Inc, NISh its pennleslon. VA CONS011ING. INI C RFCA 8747'16 AGR tt-FBD Rr ?VIC`WED RY: r tt Ye�7 1 @p FUNICE LIERFDIA (8 OF 9) COMMERCIAL AUTO ��C! E�T��1�MF�l. r�] �t�t' ����N ►�1'�Eai��71i�:1..� ;-T -.�E� a �, � 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 the endorsement. Paragraph 6. Transfer of Right Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any parson or organization to the extent required of you by a written contract executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. CA T3 40 08 08 ©2008 The Travelers Conipenies, ice_ r � y� VA CONSULTING.. INC RFCA &i471 AyR # TBt) hEJIUVVI () 8 f ElJU11C F HERI= :i:ilFl (5 OF q) CG DO 37 04 05 68048481 MB THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. r it This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL_ GENERAL LIABILITY CONDITIONS (Section IV) Paragraph 4. (Other Insurance), is amended as follows: 1, The following Is added to Paragraph a. Primary Insurance: However, If you specifically agree In a written contract or written agreerent that the Insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- conhibUlory 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 that other insurance, provided that: a. The "bodily Injury" or "property damage" forwhich coverage Is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage Is sought arises out of an offense committed subsequent to the signing and execution of that contract or agreement by You 2. The first Subparagraph (2) of Paragraph h, Excess Insurance regarding any other primary Insurance available to you is deleted. 3. The following is added to Paragraph b. Excess tnsuranoe, as an additional subpa *agraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, Including any umbrella or excess policy. CG DO 37 04 05