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Home My WebLink AboutUNITED INSPECTION & TESTING - 2016INSURANCE ON FILE WORK MAY PROCEED UNTIL INS`UR�A�NCE EXPIRES lqt. l0 CLERKOE,COUgJC DATE: AWY6 2016 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this between / "day of Nit A-2016-112 2016 by and (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of: Geotechnical, special inspection, & material testing to provide quality assurance for its Capital Improvement Program on an as needed basis. 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 during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed —$500,000 in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18. 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 a two (1) -Year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. UnitW Inspeetion_Agreement 1�1911]DIaDie 11]ORIIreille IM.T 1C/]F7 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. NINEIR0L11 MM MON Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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. United Inspection_Agreement Page 2 of 8 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 frill 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 frilly 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. 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. United Inspection_ Agreement Pag0 3 Of 8 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 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. United Inspection_Agreement Page 4 of 8 f i� 1.Y�1.7J►/ l _I►/11 Y _[63121 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. 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 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. United Inspection_ Agreement Page 5 of 8 16. 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. 17. 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. 18. PAYMENTS & INVOICES a. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and/or Task Order number and/or name (if applicable) viii. Work site address/location (if applicable) ix. Tasks or deliverables completed and percentage (%) of total services completed. X. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. United Inspection_Agreement Page 6 of 8 20. 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, 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 To Consultant: Martin B. Lowenthal General Manager United Inspection & Testing 22620 Goldencrest Dr., Suite 114 Moreno Valley, CA 92553 Fax: 951-697-4770 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 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. United Inspection _Agreement Page 7 Of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jose's"oval Chi ssistant City Attorney RECOMMENDED FOR APPROVAL: L" - FRED US VIPOUR Executive Director Public Works Agency CITY OF SANTA ANA David 6vazos City Manager CONSULTANT: United Ins'pection_Agreement Page 8 of 8 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR GEOTECHNICAL, SPECIAL INSPECTION & MATERIAL TESTING FOR THE PUBLIC WORKS AGENCY CAPITOL IMPROVEMENT PROGRAM RFP NO.: 15-055 A. DESCRIPTION The City desires to engage a professional consultant(s) to perform geotechnical, special inspection & material testing to support delivery of the City's Capital Improvement Program (CIP), while maintaining the highest quality construction standards. The City is soliciting proposals to assist in the delivery of an ambitious $80 million CIP over the next five years. Projects include street pavement, traffic signals, underground utilities, building, and park facility improvements. The selected firm is expected to provide inspections and material testings for construction involving grading, soils, base material, reinforced concrete and masonry, asphalt concrete, structural steel, painting and to provide other quality assurance services when required. The selected consultant may enter into an agreement with the City to provide inspection and material testing services on an as -needed basis. B. SCOPE OF SERVICES 1. GEOTECHNICAL, SPECIAL INSPECTION. AND MATERIAL TESTING The required services shall include, but not be limited to, the following: SPECIAL INSPECTION I. Provide special field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. 2. Provide inspections for installation of precast and cast in-place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents. Submit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the City's Planning and Building Agency prior to start inspection. City of Santa Ana RFP 15-055 Page Al -1 3. Perform tests on various construction materials as required by the City. 4. Inspectors who perform wort: in confined areas or at elevated levels shall be certified or trained for confined space and fall protection. 5. Recommend testing method on defective wort: and advise the City of acceptance standards. 6. Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. 7. Provide other quality control services as requested by the City. 8. Field reports shall be submitted daily to the City. Submit and distribute typed inspection and material testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Book" and "CBC" requirements and to other concerned parties within a week after the work is performed. 9. Submit a final report to the City within five working days upon completion of each project. MATERIAL TESTING • Testing tab shall have the ability to perform a wide variety of construction material testing; i.e. soils, Portland cement concrete, asphalt concrete, reinforcement, structural steel, welding, paint, etc. as required for road widening projects, sub -surface projects, building, bridges, etc. • Comply with the City's Quality Assurance Program (QAP). The City has adopted Appendix Y of the Caltrans Quality Assurance Program with related attachments. A copy can be provided Upon request. • Engineer of record for all inspection and materials testing services required under this contract shall be registered as a professional engineer in the State of California. • Possession of applicable certifications for all personnel and laboratories. Certifications shall be valid, up-to-date, and a copy of each provided to the City at the award of the contract. • Understanding of and extensive experience with Federal (FEMA),, National and/or applicable International (AASHTO and/or ASTM), State (Caltrans) and Local guidelines, procedures, and certifications for laboratory and personnel assigned to projects. • Laboratory facilities and staff shall have and maintain current Caltrans accreditation throughout duration of contract. Verification of required qualifications for these accreditations is required to be submitted with the proposal. • All Tabs providing testing to primary consultant shall have the same licensing, accreditation, and certification requirement as primary consultant. ADDITIONAL REQUIRENIENTS Some of the city projects are funded by Federal or State grants, the selected consultine firm must comply with all requirements of Caltrans Construction Manual inchlding the following: City of Santa Ana RFP 15-055 Page Al -2 Certification of Personnel I. The personnel who will conduct the material sampling and testing must be certified. They must be certified by Caltrans' District Materials Engineer, and, optionally, the National Institute Certification of Engineering Technologies, or other authority acceptable by the Construction Engineer of the City to be proficient in accepting sampling and testing. 2. A copy of each person's certificate must be on file in the office of the Principal Civil Engineer. The certificate shall list the type of work which the individual is authorized to perform. 3. The testing laboratory must be under the supervision of a registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel under his/her supervision. 4. The selected firm must maintain the laboratory testing equipment in accordance with recognized national standards. 5. The selected firm must have an independent assurance testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organization. 6. Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of the following testing programs: a. AASHTO Materials Reference Laboratory (ARML) b. Cement and Concrete Reference Laboratory (CCRL) c. Caltrans' Reference Samples Program (RSP) Acceptance of Testing and Sampling The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the work is completed. Reportin>l Test Results I. When aggregate samples are taken at the material source results of sand equivalent, cleanness value, and sieve analysis shall be submitted to the Resident Engineer within 24 hours. 2. When soils and aggregate samples are taken at the job site, results of these tests shall be submitted to the Resident Engineer within 24 hours. 3. Results of compaction and density tests taken at the job site shall be submitted to the Resident Engineer within 24 hours. 4. When asphalt concrete samples are taken at the plant results of the gradation, oil content, and S - value shall be submitted to the Resident Engineer within 96 hours. 5. When asphalt concrete compaction tests are done at the site the results shall be made immediately available to the Resident Engineer, 6. All other tests required by the project shall be submitted to the Resident Engineer within 24 hours. Independent ASSWrance Sampling and Testing The selected firm shall establish and maintain an Independent Sampling and Testing (LSAT) program: T� City of Santa Ana RFP 15-055 Page Al -3 I. To verify that the project's sampling and testing is performed correctly by the testers and samplers. 2. To ensure the equipment is properly calibrated. 3. To provide the Resident Engineer with a copy of the program to ensure that the program is carried out. 4. To provide the Resident Engineer with a report indicating actions to be taken by the selected testing firm when discrepancies are found between ISAT and acceptance tests (AT). C. CONSULTANT RESPONSIBILITIES Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant shall be subject to an audit or review by Caltrans' Audits or Investigations (A&I), additional state audit organizations, or the federal government. D. CITY RESPONSIBILITIES I. Furnish construction plans and specifications to the consultant. 2. Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. E. SPECIAL REQUIREMENTS This agreement may be funded, in part, through Federal and Measure M2, therefore requiring compliance with all requirements of Caltrans, OCTA and/or the U.S. Department of Housing and Urban Development, Community Development Block Grant Program and as such is subject to the conditions of the Section 3 Contract Clause. Proposer shall comply with all requirements as they pertain to the use of these funds; refer to Appendix Attachment 5. The following forms in the Appendix (Attachment 5) must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-11: Fee Proposal • LAPM Exhibit 10-1: Notice to Proposers, DBE Information LAPM Exhibit 10-K: Consultant Certification of Contract Costs & Financial management system • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment IT SHALL BE THE RESPONSPILITY OF THE CONSULTANT TO VERIFY THAT THE LATEST VERSION OF THESE DOCUMENTS IS USED IN THE PROPOSAL. LATEST FORMS CAN BE FOUND CALTANS WEBSITE, CHAPTER 10: 10.1-tm If the project will be financed, in part, by federal funds all services rendered shall meet all required federal requirements included in this request for proposal Consultants are advised that, as required by federal law, the Cit}of Santa Ana is implementing the new Race Conscious Disadvantaged Business Enterprise (DBE) Program. The DBE goal for this contract is 6%. Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their desi2riee on an as -needed basis. The Consultants shall be thoroughly familiar with the Scope of City of Santa Ana RFP Page Al -4 Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federal funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. • The Consultant shall have a Quality Control Plan (QCP) in effect during the entire tune work is being performed under the Agreement. The QCP shall establish a process whereby work products are independently checked, corrected and back checked. All projects related correspondences and documents should be maintained and bound in appropriate project files. Additionally, all electronic tiles shall conform to the City's file naming system. The consultant shall submit their QCP as part of the response to this RFP. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Project tiles including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated monthly. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. • This agreement is subject to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. Consultants are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link. Ir�x//w�wtiv.dir.ca.sovlpublic-works/pub(icworks.html City of Santa Ana RFP 15-055 Page Al -5 IWIM41 a . • ' A►6'7_11Y(m Fee Proposal including hourly rates (from Consultant Proposal) The rates and unit costs shown on ATTACHMENT 4, FEE PROPOSAL will be used to establish cost for any Task -Orders. The City does not guarantee the quantity of the work to be performed by the Consultant. The consultant shall be paid for the actual services provided for the project according to the proposed hourly rates and unit costs. Appendix ATTACHMENT 4 FEE SCHEDULE GEOTECHNICAL, SPECIAL INSPECTION, & MATERIAL TESTING ITEM ESTIMATED UNIT HOURLY RATE/ ESTIMATED QUANTITY UNIT COST* COST Soil Inspection 1,000 Hours $84.00 $84,000.00 Concrete Inspection 1,500 Hours $78.00 $117,000.00 Masonry Inspection g00 Hours $78.00 $62,400.00 Reinforcing Steel 1,200 Hours $78.00 $93,600.00 Inspection Asphalt Concrete 500 Hours $84.00 $42,000.00 Inspection 6" Concrete Cylinder 400 Units $22.00 $8,800.00 2x4 Mortar Sample 200 Units $20.00 $4,000.00 3x3x6 Grout Sample 200 Units $20.00 $4,000.00 Masonry Prisms 150 Units $35.00 $5,250.00 Ultrasonic Testing of 50 Earl} $86.00 $4,300.00 Steel Connectors Hours Post Tension Reinforcing 200 Hours $78.00 $15,600.00 Inspection Post Tension Concrete 200 Hours $78.00 $15,600.00 Inspection Structural Steel 100 Hours $80.00 $8,000.00 Inspection Connection Bolt Torque 100 Each $80.00 $8,000.00 Testing Precast Concrete 350 Hours $78.00 $27,300.00 Deputy Inspection 100 Hours $78.00 $7,800.00 Mechanical Inspection 100 Hours $90.00 $9,000.00 Plumbing Inspection 100 Hours $90.00 $9,000.00 Electrical Inspection 100 Hours $90.00 $ 9,000.00 $ 534,650.00 TOTAL ESTIMATED COST $ Page 2 of 2 City of Santa Ana RFP 15-055 Page A4-1 Appendix ATTACHMENT 4 FEE SCHEDULE (CONTINUED) GEOTECHNICAL, SPECIAL INSPECTION, &c MATERIAL TESTING Firm: United Inspection & Testing PROPOSED NOT -TO -EXCEED COST: $534,650.00 Address: 22620 Goldencrest Drive, Suite 114 Moreno Valley, California 92553 Name Martin B. Lowenthal (Print) Signature A� `✓W�— Title General Manager Date 02/22/2016 *All Privileging hourly rates and unit costs shall include markups and the cost of traveling, vehicle, equipment, clerical service and typed reports. City of Santa Ana RFP 15-055 Page A4-2 UNITED 'Umco"aw MASTER FEE SCHEDULE CITY OF SANTA ANA GEOTECHNICAL, SPECIAL INSPECTION & MATERIAL TESTING SERVICES Principal Engineer/Geologist $ 165.00 Hour Geotechnical Engineer $ 145.00 Hour Senior Engineer/Geologist $ 145.00 Hour Project Engineer/Geologist $ 125.00 Hour Staff Engineer/Geologist $ 110.00 Hour Assistant Engineer $ 100.00 Hour Project Manager $ 90.00 Hour Field Supervisor $ 95.00 Hour Soils Grading Observations, Sampling and/or Compaction Testing $ 84.00 Hour Lead Inspector and/or Multi Disciplined Inspector $ 80.00 Hour AWS Inspector (Visual Only) $ 80.00 Hour Shop Welding Inspector $ 65.00 Hour ICC Certified Inspector $ 78.00 Hour Batch Plant Inspections / Block Identification $ 65.00 Hour DSA Masonry $ 78.00 Hour In -Place Brick Shear Tests(Masonry) - Two Person Crew (4 -hour Minimum) $ 180.00 Hour Ground Penetrating Radar - One Man Crew $ 200.00 Hour -Two Man Crew $ 300.00 Hour Non -Destructive Testing (ASNT) - Magnetic Particle Testing Level II $ 86.00 Hour - Ultrasonic Testing Level II $ 86.00 Hour - Dye Penetrant Level II $ 86.00 Hour - Level III Review $ 135.00 Hour Coring -Coring Machine Operator $ 120.00 Hour - Helper (add per hour) $ 68.00 Hour Wood Fabrication Inspection $ 110.00 Hour Floor Flatness Testing Per Day $ 175.00 Hour Mechanical, Electrical, Plumbing Inspection $ 90.00 Hour Waterproofing Inspection $ 80.00 Hour Nailing Inspection $ 80.00 Hour Roofing Inspection $ 80.00 Hour Radiographic Inspection / Radiographic Inspection 2 Man Crew Quotation on Request Expert Witness $ 450.00 hour Laboratory Technician $ 85.00 hour SOILS A$PHAL s••,.,� �.�. " ��' �' -�; "-,,'�'�'`�,�".*.'ish"�' �;��+ r, Absolute Viscosity ASTM D 2171 $ 150.00 Each Asphalt Content by Ignition $ 160.00 Each Asphalt Content by Ignition Burn -off Method CT 382 / ASTM D 6307 $ 300.00 Each Bulk Specific Gravity & Density of Compacted Asphalt Concrete ASTM D 2726 / CT 308 $ 55.00 Each Bulk Specific Gravity & Density-Parafilm Coated Compacted AC ASTM D 1188 / CT 308 $ 85.00 Each California Bearing ratio, 1 point ASTM D 1883 $ 200.00 Each California Bearing ratio, 3 points, (Specified moisture) ASTM D 1883 $ 550.00 Each Cement Treated Bases -Testing field samples only, per point CT 312 $ 170.00 Each 1 UNITED MASTER FEE SCHEDULE CITY OF SANTA ANA GEOTECHNICAL, SPECIAL INSPECTION & MATERIAL TESTING SERVICES Cement Treated Bases Design & Testing CT 312 $ 320.00 Each Collapse Potential of Soils ASTM D 5333 $ 130.00 Each Collapse/Swell (ASTM D4546) $ 100.00 each Compaction, Modified Proctor ASTM D 1557 (Moisture/Density Curve) $ 225.00 Each Compaction, Standard Proctor ASTM D 698 (Moisture/Density Curve) $ 225.00 Each Compressive Strength of Asphalt Plant Mix ASTM D 1074 $ 250.00 Each Consolidation (ASTM D2435, D4546) $ 200.00 each Corrosivity, (PH, Resistivity, Chlorides, Sulfate, Sulfide) D 4972, G 57, D 4327, D 4658M Quotation on Request Density of Soil, in-place (sand cone) $ 50.00 Each Direct Shear, 3 points, Consolidated - Drained ASTM D 3080 $ 600.00 Each Direct Shear, 3 points, Residual ASTM D 6467 mod $ 550.00 Each Direct Shear, 3 points, Unconsolidated -Undrained ASTM D 3080 mod -Qtest $ 350.00 Each Direct Shear, add'I points Consolidated - Drained ASTM D 3080 $ 175.00 Each Direct Shear, add'I points Consolidated -Undrained ASTM D 3080 mod $ 125.00 Each Direct Shear, Residual Each additional cycle ASTM D 6467 mod $ 175.00 Each Ductility Bituminous Materials ASTM D 113 $ 150.00 Each Emulsion: Density ASTM D 244 $ 60.00 Each Expansion Index Test UBC 29-2 / ASTM D 4829 $ 120.00 Each Hveem Compaction- Lab Mix per Point ASTM D 1561 / CT 304 $ 145.00 Each Hveem Stabilometer Value per Point ASTM D 1560/CT 366 $ 60.00 Each Hveem Stabilometer Value Set of 2 ASTM D 1560 / CT 366 $ 200.00 Each Lab Resistivity $ 95.00 each Liquid Limit, Plastic Limit & P.I. -Atterberg Limits ASTM D 4318 $ 160.00 Each Marshall Compaction- Lab Mix per Point ASTM D 1559 $ 200.00 Each Marshall Compaction Lab Mix Set of 3 ASTM D 1559 $ 250.00 Each Marshall Stability & Flow per Point ASTM D 1559 $ 65.00 Each Marshall Stability & Flow Set of 3 ASTM D 1559 $ 166.25 Each Moisture Content of Aggregate ASTM C 566 $ 75.00 Each Moisture/Density Curve Checkpoint $ 100.00 Each Moisture/Density Curve Rock Correction for Unit Weight, ASTM D4718 $ 50.00 Each Moisture -Density Sample Tubes ASTM D 2937 $ 190.00 Each Particle Size Analysis of Soil # 4 to fines by Hydrometer ASTM D 422, C 136 $ 270.00 Each Particle Size Analysis of Soil 3" to fines by Hydrometer ASTM D 422, C 136 $ 170.00 Each Percent Finer than #200 Sieve ASTM D1140 $ 50.00 each Permeability of Granular Soils (Constant Head) ASTM D 2434 $ 265.00 Each Permeability, Flexible Wall, Cohesive Soil ASTM D 5084 $ 425.00 Each pH (ASTM D4972) $ 25.00 each "R" Value, ASTM D 2844/CT 301 $ 250.00 each Resistance Treated Soils (lime, cement) ASTM D 2844 / CT 301 $ 332.50 Each Resistance Untreated Soils ASTM D 2844 $ 225.00 Each Resistivity of Soil ASTM G 57 $ 133.00 Each R -Value Determination $ 265.00 Each Rolling Thin -Film Oven Test ASTM D 2872 $ 152.00 Each Sand Equivalent ASTM D 2419 / CT 217 $ 120.00 Each Sieve Analysis of Extracted Aggregate ASTM D 5444 / CT 202 $ 55.00 Each Sieve Analysis, 3" to #200 Bulk Sample Gradation ASTM C 117, C 136 / CT 202 $ 120.00 Each Sieve Analysis, Minus #200 by Wash ASTM D 1140/ C 117 $ 65.00 Each 2 UNI TED MASTER FEE SCHEDULE CITY OF SANTA ANA GEOTECHNICAL, SPECIAL INSPECTION & MATERIAL TESTING SERVICES Slurry Mix: Extraction for AC Content ASTM D 2172, Method B $ 175.00 Each Soil Classification, ASTM D 2487 $ 280.00 each Soil Moisture/Density In Situ Sample ASTM D 1587, D 2937 $ 50.00 Each Theoretical Max Specific Gravity & Density of AC Plant Mix (Rice) ASTM D 2041 / CT 309 $ 160.00 Each Thickness/Height of Compacted Asphalt Concrete Mixes ASTM D 3549 $ 30.00 Each Time -Consolidation (ASTM D2435) $ 80.00 each Triaxial Compression Consolidated - Undrained on Cohesive Soil ASTM D 4767 $ 330.00 Each Triaxial Compression Unconsolidated- Undrained on Cohesive Soil ASTM D 2850 $ 225.00 Each Unconfined Compressive Strength (ASTM D2166) $ 110.00 each Unconfined Compressive Strength of Soils ASTM D 2166 / CT 221 $ 142.50 Each Water Soluble Sulfate $ 70.00 each Specific Gravity & Absorption Coarse Aggregate ASTM C�127 / CT 206 $ 85.00 Each Specific Gravity & Absorption Fine Aggregate ASTM C 128 / CT 207 $ 85.00 Each Trial Batches ASTM C 192 $ 800.00 Each Durability Index Coarse & Fine Aggregate ASTM D 3744 / CT 229 $ 120.00 Each Flexural Strength of Concrete ASTM C 293 $ 95.00 Each Lightweight Concrete Unit Weight ASTM C 495 $ 35.00 Each Modulus of Elasticity of Concrete ASTM C 469 $ 190.00 Each Shotcrete Core Compression Panel Cored in Lab ASTM C 1140 $ 285.00 Each Sieve Analysis, Coarse Aggregate ASTM C 136 / CT 202 $ 100.00 Each Sieve Analysis, Fine Agg N4 to #200 ASTM C 117, C 136 / CT 202 $ 100.00 Each Specific Gravity & Absorption Coarse Aggregate ASTM C 127 / CT 206 $ 85.00 Each Specific Gravity & Absorption Fine Aggregate ASTM C 128 / CT 207 $ 85.00 Each Splitting Tenslle/Concrete Cylinder ASTM C496 $ 35.00 Each Moisture Emission Through Concrete, Kit ASTM F 1869 $ 32.00 Each Absorption, Sand or Gravel, ASTM C 127/ASTM C 140 $ 75.00 each Organic Impurities in Concrete Sand, ASTM C 88 $ 75.00 each L.A. Rattler, ASTM C 131 or C 535/Cal 211 $ 300.00 each Sulfate Soundness (per sieve), ASTM C 88 $ 140.00 each Unit Weight of Aggregates, ASTM C 29 $ 120.00 each Hardness, ASTM D 1865 $ 160.00 each Crushed Particles, CT 205 $ 160.00 each Cleanness Value, CT 227 $ 120.00 each Moisture Content of Aggregate ASTM C 29 $ 70.00 each Bitumen Content (extraction), ASTM D 2172 $ 200.00 each Bitumen Content (extraction), CT 310/Cal 382 Ignition Furnace $ 150.00 each Gradation of Extracted Sample, ASTM C 136/CT 202 $ 120.00 each Maximum Theoretical Specific Gravity (Rice Gravity), ASTM D 2041 $ 160.00 each Swell of Bituminous Mixtures, CT 304/305 $ 210.00 each Caltrans Complete Asphaltic Concrete Test (Hveem Compaction, Stabilometer Value, Extraction Gradation, Unit Weight), Average of Two Biscuits $ 799.00 each 3 &K TED ANMD MASTER FEE SCHEDULE CITY OF SANTA ANA GEOTECHNICAL, SPECIAL INSPECTION & MATERIAL TESTING SERVICES Asphaltic Cement Penetration of Bituminous Materials at 77"F, ASTM D5/AASHTO T49 $ 71.00 each Penetration of Bituminous Materials at 32°F to 158"F, ASTM D 5/AASHTO T49 $ 105.00 each Kinematic Viscosity of Asphalt, ASTM D 2170/AASHTO T201 $ 170.00 each Absolute Viscosity of Asphalt, ASTM D2170/AASHTO T201 $ 170.00 each Viscosity (Asphalt Institute Method) $ 195.00 each Rolling Thin Film Test, ASTM 2872/Cal 346/AASHTO T240 $ 180.00 each Residue by Evaporation, ASTM D244/AASHTO T59 $ 220.00 each Extraction and Recovery, ASTM D2172/ASTM D 1856 $ 850.00 each Cement Storage of Grab Sample, 60 days $ 22.00 each Cement Content of Hardened Concrete, ASTM C 1084 $ 2,460.00 each Concrete Shrinkage, set of 3, ASTM C157, CT 530 $ 370.00 each Compression 4x8 Cylinders ASTM C 39 $ 18.00 each Compression, 3X6 Cylinders Lightweight Insulating Concrete, ASTM C 495 $ 35.00 each Compression, 6X12 Cylinder ASTM C 39 / CT 521 $ 22.00 Each Compression, 2X2 Cubes, each age, ASTM C 109 $ 35.00 each Concrete Core Compression ASTM C 42 $ 75.00 Each Splitting Tensile, 6X12 Cylinders, ASTM C 496 $ 75.00 each Unit Weight of Concrete Cylinders, ASTM C 567 $ 45.00 each Unit Weight of Lightweight Insulating Concrete, ASTM C 495 $ 55.00 each Flexural Strength of Concrete, ASTM C 78 or C 495 $ 180.00 each Shotcrete Pre -Production Panel Test, Up to 12" Thick $ 1,000.00 each Shotcrete Pre -Production Panel Test, 12" to 24" Thick $ 1,400.00 each Shotcrete Panel Core Compression Test, ASTM C 42 $ 110.00 each Chloride Ion Content, AASHTO T260 $ 140.00 each Emission of Moisture through Concrete $ 100.00 each Diamond Drill Bit Charges, per inch to 5" $ 8.00 inch Diamond Drill Bit Charges, per inch 6" and over quotation on Request Compression of Core, ASTM C 42 $ 100.00 each Flexural Testing, per P.C.I Recommended Practice $ 71.00 each Pullout Testing of Anchors, per P.C.I. Recommended Practice $ 116.00 each Fiberwrap Testing (ASTM D3039) $ 650.00 each Brick Absorption ASTM C 67 $ 110.00 Each Brick Compression ASTM C 67 $ 85.00 Each Grout Prism - Compression Test ASTM C 1019 $ 20.00 Each Epoxy Grout 2x2x2 Cube Compression ASTM C 579 $ 20.00 Each Masonry Composite Prism Compression ASTM C 1314 $ 35.00 Each Masonry Core Compression CCR Title 24 $ 75.00 Each Dimensional Measurement of Masonry Units ASTMC 140 $ 72.00 Each Masonry Unit Compression Gross Area ASTM C 140 $ 110.00 Each Masonry Unit Compression Net Area ASTM C 140 $ 85.00 Each Brick Modulus of Rupture ASTM C 67 $ 40.00 Each 4 , &N #TED =cmyxw MASTER FEE SCHEDULE CITY OF SANTA ANA GEOTECHNICAL, SPECIAL INSPECTION & MATERIAL TESTING SERVICES Absorption & Moisture of Block ASTM C 140 $ 100.00 Each Mortar Compression Test 2x4cyl ASTM C 780 $ 20.00 Each Compression, Gross Area, Unusual Shape, ASTM C 67 $ 110.00 each Linear Shrinkage ASTM C 426 $ 210.00 each Compression, Grout Prisms, ASTM C 39 $ 20.00 each Compression, Mortar Cylinders, ASTM C 39 $ 20.00 each Compression, Composite Prisms, ASTM E 447 $ 160.00 each Compression, Masonry Core, ASTM C 140 $ 75.00 each Shear, Masonry Core, CCR Title 24 $ 100.00 each Bend Test of Rebar #11 ASTM A 370 w $ r 85.00 s Each Bend Test of Rebar #14 ASTM A 370 $ 170.00 Each Bend Test of Rebar #3 - #10 ASTM A 370 $ 30.00 Each Tensile #11 Rebar ASTM A 370 $ 85.00 Each Tensile #14 Rebar ASTM A 370 $ 170.00 Each Tensile Test #3 -#10 ASTM A 370 $ 30.00 Each Seven Wire Strand Modulus of Elasticity Uncoated ASTM A 370 $ 325.00 Each Seven Wire Strand Vinyl Coating Removal ASTM A 370 $ 300.00 Each Uncoated 7 Wire Strand, 1/4" to 1/2" Yield Strength, Breaking Strength, and Elongation (Note: for Vinyl Coated Strands, $ 300.00 each (add $ 25.00 per test; for Modulus of Elasticity, add $ 25.00 per test) Breaking Strength Only $ 195.00 each Hardness Test, Brinell ASTM E 10 $ 30.00 Each High Strength Bolts/Nuts/Washer Compliance Test ASTM F606 $ 285.00 Each Mild Steel Not Over 1" Thick Tensile Strength, ASTM A 370 (test only) Samples, Under 1-1/2 square Inch in cross section $ 100.00 each Samples, 1-1/2 square inch and over in cross section $ 175.00 each Chemical Analysis $ 110.00 each Bending $ 85.00 each Anchor Bolts, A 505 $ 175.00 each Tensile Strength $ 200.00 each Bolts Proof Load or Ultimate $ 60.00 each Nuts Proof Load $ 60.00 each Washers Proof Load $ 30.00 each Hardness (Rockwell) $ 30.00 each Weldment Testing (Mild Steel Not Over 1" Thick) Transverse Tensile $ 120.00 each Transverse Side Bend $ 80.00 each Transverse Root and Face Bend $ 80.00 each Macroetch $ 80.00 each 0.505" Tensile Specimen $ 125.00 each Charpy V -Notch Specimen quotation on Request F &_e=�ED Awmc""w MASTER FEE SCHEDULE CITY OF SANTA ANA GEOTECHNICAL, SPECIAL INSPECTION & MATERIAL TESTING SERVICES Roof Sample Ply Count Asphalt ASTM D 2829 $ 132.00 Each Roof Sample Unit Weight ASTM D 2829 $ 49.00 Each Fireproofing Adhesion / Cohesion Test Kit ASTM E 736 $ 45.00 Each Fireproofing Density Test ASTM E 605 $ 35.00 Each Preparation of WPS, FOR, or Welder Certificate $ 125.00 each Welder Qualifications $ 150.00 each Weld Procedure Review $ 200.00 each Sample Pick -Up $ 40.00 Hour Geotechnical Charges Vehicle Charges (Over 40 -Mile Radius) Truck, 2 -Wheel Drive $ 0.50 mile Truck, 4 -Wheel Drive $ 0.60 mile All Other Direct Project Expenses (such as contract drilling and backhoe services, Cost+ 15% special equipment rental, commercial travel, protective clothing, shipping, etc.) Clerical Services $ 75.00 hour � Work from 0-4 hours 4 -Hour Minimum Billing Work from 4-8 hours 8 -Hour Minimum Billing Work over 8 hours per day, or on Saturdays Time and One -Half Work over 12 hours per day Double Time Work on Sundays/Holidays Double Time Swing or Graveyard Shift Premium $ 10.00 Hour Show -Up Time 2 -Hour Minimum Billing Premium Sample Pick -Up (after 4 PM, before 5 AM, Weekends and Holidays) 2 Times Sample Pick -Up Rate Laboratory Testing - Rush Fee Add 50% to Testing Cost Outside Services/Reimbu rsa bles Cost + 10°% Shipping Charges Cost + 10% Parking/Tolls At Cost Certified Payroll Compliance $ 75.00 Week Deputy Inspectors Travel Time (Beyond 100 -Mile Radius of Project Site) $ 50.00 Hour Per -diem, Including Lodging (Beyond 100 -Mile Radius) Quotation on Request Nuclear Gauge Daily Fee $ 45.00 Day Yearly escalation in Prevailing Wage hourly rates will be calculated using the percentage of increase issued by the State of California Director of Industrial Relations. CERTIFICATIONS C-1 through C-3 fDAV-a ;fIi77 ADDITIONAL PROVISIONS Local Assistance Procedures Manual EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #Z) Page I of? SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS -NEEDED CONTRAC"IS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant or Subconsultant United Inspection and Testing Contract No. Fringe Benefit 0.00% (= 0% if Included in OH) Overhead 110.00% (= 0% if Included in OH) BILLING INFORMATION EXHIBIT 10-H Sample Cost Proposal Date February 29, 2016 General Administration 0.00% - I10.00? Combined Indirect Cost Rate HCR) FEE = 5.00% CALCULATION INFORMATION Name/Job Title/Classification' Hourly Billing Rates'- Effective date of hourly rate Actual or Avg. % or $ Hourly range - Straight OT(1.5x) OT(2x) From To hourly rate increase for classifications only $ 84.00 $ 126.00 $ 168.00 01/01/2016 12/31/2016 $ 50.85 0.00% Subject to State of CA Group 1 Sails and Materials Tester, Grading Excavation/Filling $ 86.10 $ 129.15 $ 172.20 01/01/2017 12/31/2017 $ 52.12 2.50% DIR Determination $ 88.25 $ 132.38 $ 176.51 01/01/2018 12/31/2018 $ 53.42 2.50% SC -23-63-2-2015-1D c,o�o P $ 80.00 $ 120.00 $ 160.00 01/01/2016 12/31/2016 $ 52.63 oo0 % Subject to State of CA eo��re�e. Ma:o�rv. Rar' ."sreelswcmrel s -r $82.00 $123.00 $164.00 01/01/2017 12/31/2017 $53.95 2.50% DIR Determination BuildingInsn- $ 84.05 $ 126.08 $ 168.10 01/01/2018 12/31/2018 $ 55.29 2.50% SC -23-63-2-2015-1D ' Group 3 $ 86.00 $ 129.00 $ 172.00 01/01/2016 12/31/2016 $ 54.63 0.00% Subject to State of CA Nondestructive Testing $ 88.15 $ 132.23 $ 176.30 01/01/2017 12/31/2017 $ 56.00 2.50% DIR Determination $ 90.35 $ 135.53 $ 180.71 01/01/2018 12/31/2018 $ 57.40 2.50% SC -23-63-2-2015-10 $ 125.00 $ 187.50 $ 250.00 01101/2016 12/31/2016 $ 78.00 0.00% Not Applicable Managing Engineer /Project Engineer $ 128.13 $ 192.19 $ 256.25 01/01/2017 12/31/2017 $ 79.95 2.50% $ 131.33 $ 196.99 $ 262.66 01/01/2018 12/31/2018 $ 81.95 2.50% $ 100.00 $ 150.00 $ 200.00 01/01/2016 12/31/2016 $ 65.00 0.00% Not Applicable Project Manager $ 102.50 $ 153.75 $ 205.00 01/01/2017 12/31/2017 $ 66.63 2.50% $ 105.06 $ 157.59 $ 210.13 01/01/2018 12/31/2018 $ 68.29 2.50% $ 90.00 $ 135.00 $ 180.00 01/01/2016 12/31/2016 $ 60.00 0.00% Not Applicable Inspection Supervisor/Sr. Inspector $ 92.25 $ 138.38 $ 184.50 01101/2017 12131/2017 $ 61.50 2.50% %9456 $ 141.83 $ 189.11 01/01/2018 1 12/31/2018 $ 63.04 2.50% I. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsultant firms. 2. Billing rate= actual hourly rate* H+ ICR) * (I+ Fee). Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. NOTES: Denote all employees subject to prevailing wage with an asterisks (') For "Other Direct Cost- listing, see page 7 of this Exhibit Page 3 of 5 LPP 15-01 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10-H Sample Cost Proposal EXHIBIT 10-11 SAMPLE COST PROPOSAL (EXAMPLE 92) Page I oft SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Note: Mark-ups are Not Allowed Consultant or Subconsultant United Inspection and Testing Contract No. Date February 29, 2016 Fringe Benefit 0.00% + Overhead 110.00% + General Administration 0.00% = 110.009 Combined Indirect Cost Rate (ICR) (= 0% if Included in OH) (= 0% if Included in OH) FEE = 5.00% RfLLING INFORMATION [11\r19111111W-11f1119aIME612 •Ir10912d Name/Job Title/Classification' Hourly Billing Rates' Effective date of hourly rate Actual or Avg. % or S Hourly range - Straight OT(1.5x) OT(2x) From To hourly rate' increase for classifications only $ 84.00 $ 126.00 $ 168.00 01/01/2016 12/31/2016 $ 50.85 0.00% Subject to State of CA • Group 1 Soils Inspector $84.00 $126.00 $168.00 01!01/2017 12/3112017 $50.85 0.00% DIR Determination $ 84.00 $ 126.00 $ 168.00 01/01/2018 12/31/2018 $ 50.85 0.00% SC -23-63-2-2015-0D $ 80.00 $ 120.00 $ 160.00 01/01/2016 12/31/2016 $ 52.63 0.00% Subject to State of CA t Group 2 Steel Inspector $80.00 $12400 $160.0° 01/01/2017 12/31/2017 $52.63 0.00% DIR Determination $ 80.00 $ 120.00 $ 160.00 01/01/2018 12/31/2018 $ 52.63 0.00% I SC -23-63-2-2015-1D $ 86.00 $ 129.00 $ 172.00 01/01/2016 12/31/2016 $ 54.63 0.00% Subject to State of CA * Group 3 UT Inspector $86.00 $129.00 $172.00 01/01/2017 12/31/2017 $54.63 0.00% DIR Determination $ 86.00 $ 129.00 $ 172.00 01/01/2018 1 12/3112018 $ 54.63 0.00% SC -23-63-2-2015-1D 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 000% I. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsmtant tlnns. 2. Billing rate = actual hourly rate * (1+ ICR) * (I+ Fee). Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. NOTES: • Denote all employees subject to prevailing wage with an asterisks rv) • For "Other Direct Cost' listing, see page 2 of this Exhibit Page 3 of 5 LPP 15-01 January 14, 2015 Local Assistance Procedures Manual Consultant or Subconsultant EXHIBIT IO -H SAMPLE COST PROPOSAL (EXAMPLE 92) Page 2 oft SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NFFDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) United Inspection and Testing Contract No. EXHIBIT 10-H e Cost Proposal Date February 29, 2016 IMPORTANTNOTES 1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations. 2. Proposed items should be consistently billed directly to all clients (Commercial entities, Federal Govt., State Govt., and Local Govt Agency), and notjust when the client will pay for them as a direct cost. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. Page 4 of 5 LPP I5-01 January 14, 2015 SCHEDULE OF OTHER DIRECT COST ITEMS PRIME CONSULTANT SUBCONSULTANT #I SUBCONSULTANT #2 DESCRIPTION OF ITEMS UNIT UNIT COST TOTAL DESCRIPTION OF UNIT UNIT ITEMS COST TOTAL DESCRIPTION OF UNIT UNIT ITEMS COST TOTAL Diamond Drill Bits inch $ 8.00 $ 0.00 $ 0.00 $ 0.00 Sample Pick Up hour $ 40.00 $ 0.00 $ 0.00 $ 0.00 Vehicle> 40 mile radius: $ 0.00 $ 0.00 $ 0.00 Truck, 2 wheel drive mile $ 0.50 $ 0.00 $ 0.00 $ 0.00 Truck, 4 wheel drive mile $ 0.60 $ 0.00 $ 0.00 $ 0.00 Clerical Services hour $ 75.00 $ o.00 1 1 $ 0.00 1 $ 0.00 Other CDC items to be S 0.00 $ 0.00 $ 0.00 billed at cost]5% S 0.00 $ 0.00 $ 0.00 See "Master Fe+ e $ 0.00 $ 0.00 $ 0.00 Schedule" for test costs $ 0.00 $ 0.00 $ 0.00 PRIME TOTAL ODCs = $0.001 SUBCONSULTANT 41 ODCs = S0.001 SUBCONSULTANT #2 ODCs = $ 0.00 IMPORTANTNOTES 1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations. 2. Proposed items should be consistently billed directly to all clients (Commercial entities, Federal Govt., State Govt., and Local Govt Agency), and notjust when the client will pay for them as a direct cost. 3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency. 7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs. 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose. Page 4 of 5 LPP I5-01 January 14, 2015 Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION The Agency has established a DBE goal for this Contract of 15.00 OR The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. • The term "Agreement' also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65, 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in pail with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Consultant most ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10-02 Consultant CowractDBElnformadon must be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). Page I of LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information B. A certified DBE may participate as a prime consultant, subconsultant',joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as ajoint venture with a non -DBE, will be required to document one or a. combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A DBEjoint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of thejoint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CPR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. P. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non -DBE subconsultants. S. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. B. Access the CUCP database from the Department of Transportation, O'ffee of Business and Economic Opportunity Web site at: http:?/www.dot.ca.gov/hq/bepi, L Click on the link in the len menu titled Disadvaruagert Business Enterprise; 2. Cllckon Search fora DBE Finn link; 3. Click on Access to the DBE Ouery Forni located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6, MATERIALS OR SUPPLIES PURCIIASI'CD FROM DBES COUNT TOWARDS THE DBE GOAL UNDERTHE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a'6rm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought,, kept in stock, and regularly sold or leased to the public it) the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the Page 2 of 3 LPP 13-01 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased ttrom a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on thejob site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. Page 3 of 3 LPP 13-01 May 8, 2013 SAFE HARBOR RATF Ct WMAC'T COSTS AND FINANCIAL MAN.AG1 Y➢I,W `s TEM rORF£tDEAC1L-Ans idl(cuNorAv PRoci crs C'onsulicuilamara UPA MA) too fc,vcq) Aect'l, ie%5 1Al Check one ofllie roliowing options as it applies to your Prn that is completing this certification: �� Prime Con nitant 11 Subconsulmut: Local Agency (ifapplicablc) ___ m SAN &V �r A 6r ;iF d __ Cotitract P Of applicable): Cheek one of the following contract. rnwhods of payment: 5 Specific Rate of Comperindon ❑ Actunl Comi"lus-Pixed Fee El Lmmp sum ❑ Cbst Per Unit of Work Federal Project A Suhconsahru,t'sParticipatingMum tDorm, Amount: fi 3t `'13A. . Snbcon,ultant s E sWita ed `w of Vs mt to be Performed (Specific Rate of C„oruponsation): _.5. _ % Primo C'onsahait's Cornraet Doilai Cntown: y J a_' fitl I m Safe Harbor Rate (Indirect Cost Rate): itA% Cemiifcatioia ofk`111#1'F 1 1, the tmdersi„ned” certify tha[ the firm is eligibleto use the safe harbor indirect cost rate as the firm: Doer not have relevant coMruct cost history to use as it base for clove] oputn a Eederal Acquisition Regulation (PAR) of Tide 48, Code ot'E ccoml Regulations (( F[C) fart 31-Corttrae[ Cost Principles and Procedures (48 CFR Part 31 often referred to as"Federal cost principles") compliant indirect cost rate (TCI). OR Does not have a previously aocetrid IC'R by a cognizant agency, or with an audhodlaccepted WR, and Boats not have an ca fisting ci7utrnot with a pri:ovfsional rate. Hits nut dcwhpacl an indite, r cost raw in coinfrH m e with die Federal cyst principles. (:: it watdott of (;mttrowl Costs: L the undanigurads cerdfj• than I have rNewed the Cost proposal for the above contract rand to the best of my knowledge and belief: I. All costs iocluded in the cost proposal are allowable in accordance, with the Safe Ilarbor Rate requirements and Federal most principles. ?. The cost proposal does not include any costs whioh are expi ah ly mtallmWe wil:h the Safe Finrbor Rate ret(uiaerttents attt'the Federal cost principles. All dAve t costs {direct laborrbi Ihi;, rates am l other direct coats) included in this cost propo�aI are reasonable. allowable. and allocable to the: consact in acct>a'dance with the Safe I Itu bor Rate requirements; generally accepted! accanntinu principles (GAAP): I ederal cost principles: I UK 23 United States Cock (IJ.S,C.) Cjhapier 1-Fedend-,aid tdighwgs Section 112-Lenkg of Qntracrs (23 LOT. 1121 `title 23 CFK Chapter I -Federal I lighway Ath'ninistmOoq. Departmem of nmspommhn pack 171 Procurement, Rdanagement, and Admhhistrmical of Wgmcedng and Design Related Service. (23 CFR Part 172); and Was and conOions ofthe confraO, All costs rim he apialied consistently and lhirly to all contracts regindim ofcontraet or client type, 1Jocurnentaiion for these casts must be in compliance with applicable federal and state requirClYl All dmumentation nQuinpliance must be retained in the pryeci Wes for 3 ym rs after cmll•whin,g agency makes final puy<ment and all pending matters are Wed. Cerfitication of%aaan6al ? Ian eluent 5vsteni: €, the undersigned. certify that our financial management I agent In place for ibis contract and moving forward meets the standards for the Safe I larbor Rate requirements and financial reporting;. accounting; record„ infernal and budget control as set Earth in 23 CFR Part 172 and 48 CTR Pan 3 L Ibme standards regim coamulting'firms have in accounting system adequate to acctanu4ate, and track allowable, allocahin and reasonahle direct labor and ourciAhvet coats by contract segregate i11directct7 tn, and culovc unallotitiable, costs. {t erfi9'lcatton 09' C ost I8e42tzQUIX�menfsoa Win• udils 1, tht: undersigned, also undersand char future to comply with 43 CFR Part 16.301-3 or knowingly charge* unailowabic cost, to a Federal -aid higlinny prtt(tram (FAHP) nmy roWt in possible penalties and sanctions as provided by the following: Sanctions and Penalties - 23 C;F`R Part 1711 1(c)(4) * False Claims Act - 31 U.S,C, Sections 3729-3733 hatemeats or ern es gcnerallp - 18 USC. Section 1001 m !Major Fraud ;let - 18 U.S.0 Section 11131 Cat}ctsulEaw C"eirdfving: �� ry Signature -j— mails:. "Title": Ci k(t r` t N .0 vt a OckI ca.K- i I)atcoPCerufiuttiott{ttuhtlddryy�yy) f?�"� tea_+„ Ph n c °a\n low'u 'o of f r rmda; ufncu "r A amu t l or' omnurmAar Ow ha" aut9xwity to represent the 11;mmial mrorn'¢nim, uti v . to emlbhslr .hc, prapo.'rd <ulrfriined m voojtmClwa with the coil ma. Attach a copy of your anup eted: C)istribu Non: I I Qriginal m Caltroas:At;',I 2) Cala at t)ivi:iwo ur I'rnaurn,em wo conm < owmi { nitro t ;Hm w i m.al Engage m. I°hes Local Assistance Procedures Manual Fxhibit 10-01 Consoltarit Proposal DBE Commitment EXHIBI'I'10-01 CONSULTANT PROPOSAL DBE Corsi miTNIENT 1. Local Agency: Gily of Santa Ana 2, Contract DBE Goal: 15% 3. project Description: GootachniCal, Special Inspootion &Material Testing, Public Works Capitol Improvement Program a. Project Location. Santa Ana, CA r. Consultant's Were: United Imspection and I 7 Description of work, Service, or Materials U. DEE SuppliedOprIlfloation I Number Materials Testing and Inspection 1 33641 17. Local Agency Contract Number: 18. Pederal-Aid Project Number: % Proposed Con [met Execution Date: Local Agency usualles that all DBE confloations are valid and Information on this form Is complete and accurate. F0, 81�oalufe H Daly 22. 40Cal Agency Repreoerfagve. Name 23,Phodo 24LocalAgericy Representative's Title 6. Prime Certified DBE: 0 9. DBE Contact firforawfion 1 10.1)311% Axiom Corporation - Johnathan Hou P - 714.247.1002 DISTRIBUTION; Original — Included with consultant's proposal to local agency. 11. TOTAL CLAIMED DEE PARTICIPATION 1 15% IMPORTANT; Identify all ONE fins tieing claimed for asal regardless of bar, w5slri confirmation of each listed ONE is ///126 2016 12. Preparer's Signature 13. Date Martin S. Lowenthal 951-697-4777 14, Pieparer's Name 15. phone General Manager 16. Preparprs,riiki ADANonica; For lndmdualS We sensory d1sabililies, this d"umure fa available in aftsmatfl farmers For Information efal (916)654-6410 ormQ (918) 6543h1z;9 ar wrl;e Rcrorrds snit P'r�'rns Ffir�nagern�nt, 192p N Sleet, MS•89, Sanrerr�ento, CA 95814. - Page 101`2 July 23, 2015 Local Assistance Procedures (Manual Exhibit 10-0I Consultant Proposal DBE Commitment INSTRUCTIONS — CONSULTANT PROPOSAL DISE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 4. Project Location - Enter the project location as it appears on the project advertisement, 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box i f prime contractor is a certified DBE. 7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. S. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 11. Total Claimed DBE Participation "k, - Enter the total DBE participation claimed. If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GTE) is required (see Exhibit I5 -H DBE, Information - Good Faith Efforts of the LAPM). 12, Preparer's Signature - The person completing the DBE commitment form on behalf ofthe consultant's firm must sign their name. 13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer. 14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment force. 15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment 'form. 16. Preparer's Title - Enter the position/titic of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 18. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 19. Proposed Contract Execution Date - Enter the proposed contract execution date. 20. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 2L Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 22. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 23. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 CONSO-2 OP ID: EB ACRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMlOOMYVY) 11512612016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER Butwln insurance Group Suite 414 ll Road Great Nock,NY 99021.3900. CONTACT Ell en Begun PHONEFAc No! 516366-021 3 ADDss:y -- INSURER(S)AFFORDING COVERAGE NAICN RlchardS.Butwin INSURER A: ZURICH INS CO 16535 GL00381005 INSURED UnitedTesting Corporation aUnitedInspectionS Testing INSURERS: TraVelerS 41769 INsuRERG:Everest Indemnity Ins. Co. 10951 D: 22820 Goldencrost DriveINSURER Suite 914 INSURER E: Moreno Valley, CA 92553 INSURER F: L;VVEKAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. /CTR TYPE OF INSURANCE ADM INSD =1 POLICY NUMBER POLICY EFF MMIDO MMIL0100m) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS.MADE ® OCCUR X X GL00381005 07/01/2015 07/01/2016 EACH OCCURRENCE $ 1,000,000 PREMISESEeoccu e e S 500,00 MED EXP(Any one person) 8 10,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS. COMPIOP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY Ea eBNED SINGLE LIMIT $ 1,000,00 A X ANY AUTO X X BAP0381006 07101/2015 07101/2016 BODILY INJURY (Per parson) $ ALLOY/NEDLEO AUTOS AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY Per accident) $ PROPERTY DAMAGE $ Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 g EXCESS LIAB CLAIMS -MADE UPg1M34980.15 07/01/2015 07/0112016 AGGREGATE $ 5,000,00 DEO I X I RETENTION$ 10,006 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECU7IVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) It yes desaft under DESCRIPTION OF OPERATIONS below NIA X WC0381004 07101/2015 07/01/2016 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE EA EMPLOYEE S 1,000,000 E.L. DISEASE. POLICY LIMIT $ 1,000,000 C Professional Llab PL5E000137.151 07/01/2015 07/01/2016 Limit 2,000,000 Retro Date 911/85 Aggregate 4,000,00 DESCRIPTIONOF OPERATIONS I LOCATIONGIVEHICLES (ACORD 10/,Additional Remarks Schedule, maybe attached 11 more apace is required) City of Santa Ana, its officers, employees, agents, volunteers and representatives, is an additional insured, on a primary non contributory osis. There is a 30 day cancellation clause on the policies 1 operations '� RFP15-055 Geotechnical, special inspection & meterial testing service REVIEWED BY:�ji y EUNICE HEREDIA(PG QOF, CERTIFICATE HOLDER CANCELLATION CITYSAA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Center Plaza ----- AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 O 1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD General Liability Supplemental Coverage. Endorsement Policy No. Eff. Dale of Pol, Exp, Date of Pol, I Eff. Date of End, GLQ03810057/01/201 7/01/201607/01/2015 e ZURICH THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, This endorsement modifies Insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However, endorsements attached to this Coverage Part will supersede any provisions to the contrary In this General Liability Supplemental Coverage Endorsement, A. Broadened Named Insured 1. The following is added to Section II—Who Is An Insured: Any organization of yours, other than a partnership or joint venture, which Is not shown in the Declarations, and over which you maintain an ownership interest of more than 50% of such organlzaUon as of the effective date of this Coverage Part, will qualify as a Named Insured. However, such organization will not qualify as a Named Insured under this provIslon If It: a. Is newly acquired or formed during the policy period; b. Is also an Insured under another policy, other than a policy written to apply specifically In excess of this Coverage Part; or C. Would be an Insured under another policy but for Its termination orthe exhaustion of Its limits of Insurance, Each s uch organization remains qualified as a Named Insured only while you maintain an ownership Interest of more than 50% In the organizallon during the policy period. 2. The last paragraph of Section 11— Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3, of Section 11— Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 60%of such organization, will qualify as a Named Insured If there Is no other similar Insurance available to that organization. However: a, Coverage under this provision Is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever Is earlier; b. Coverage A does not apply to "bodily Injury' or "property damage" that occurred before you acquired or formed the organization; and c. Coverage'B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization, An .additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. U -GL -1315-8 CW (0-0113) Page 1 of 12 Includes copyrighted materiel orinsurance Services Vice, Inc., with Its permissl CEVIEWED6Y; , EUNICEHEREDIA(PG204) 2, The last paragraph of Section Il —Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision, C, Mau redStatus— Employees Paragraph 2,a.(1) of Section II —Who Is An Insured is replaced by the following: 2, Each of the following Is also an Insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you orwhile performing duties related to the conduct of yourbusiness. However, none of these "employees" or "volunteer workers" are Insureds for: (1) 'Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or jcintventure), to your members (if you are a limited liability company), to a do "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brotherar sister of that oo-"employee" or "volunteer worker" as a consequence of paragraph (1)(a) above; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However: Paragraphs (1)(a) and (1)(d) do not apply to your "employees" or "volunteer workers", who are not employed by you or volunteering for you as health care professionals, for "bodily injury" arising out of "Good Samaritan Acts" while the "employee" at volunteer worker" Is performing duties related to the conduct of your business. "Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received, Paragraphs (1)(a), (b) and (c) do not apply to any "employee" designated as a supervisor or higher In rank, with respect to "bodily lNury" to co -"employees"'. As used in this provision, "employees" designated as a supervisor or higher In rank means only "employees" who are authorized by you to exercise director Indirect supervision or control over "employees" or Wolunteer workers" and the manner in which work is performed. D. Additional Insureds—Lessees of Premises 1, Section II —Who Is An Insured Is amended to include as an additional Insured any parson(s) or organization($) who leases or rents a part of the premises you own or manage who you are required to add as an additional Insured on thls policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply atter the person or organization ceases to lease or rent premises from you. However, the Insurance afforded to such additional Insured: a. Only applies to the extent permitted by law; and Ill Will not be broader than that which you are required by the written contract or written agreement to provide for such additional Insured, 2. With respect to the Insurance afforded to the additional Insureds under this endorsement, the following Is added to Section III — Limits Of Insurance: U•GL-1345-e CW (04113) Includes copyrighted materiel of insurance Services Office, Inc., with Its Pmllsslon. Page 2 of 12 i REVIEVVED BY: EUNICE HEREDIA (PG3017'L� The most we will pay on behalf of tho additional Insured Is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph D.1, above (of this endorsement); or b, Available under the applicable Limits of Insurance shown In the Declarations, whichever Is less. This Paragraph D. shall not Increase the applicable Limits of Insurance shown In the DaMbratiens, Ir Addltlonallnsured—Vendors 1. The following change applies If this Coverage part provides Insurance to you for "bodily Injury" and "property damage" Included In the "products-oompleted operations hazard": Section II — Who Is An Insured is amended to include as an addltlonal Insured any person or organization (referred to throughout this Paragraph E. as vendor) who you have agreed in a written contract or written agreement, prior to loss, to name as an additional Insured, but only with respect to "bodily Injury" or"property damage" arising out of "your products" which are distributed or sold in the regular course of the vendar's business: However, (tie Insurance afforded to such vendor: a. Only applies to the extent permitted bylaw; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor. 2. With respect to the Insurance afforded to these vendors, the following additional exclusions apply: a, The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the vendor world have In the absence of the contract or agreement: (2) Any express warranty unauthorized by your, (3) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged In the original container; (5) Ally failure to make such Inspoctlons, adjustments, tests or servicing as the vendor has agreed to snake or normally undertakes to make In the usual course of business, in connection with the distribution or sale of the products; (8) Demonstration, installatlon, aerveing or repair operations, exceptsuch operations performed at the vendor's promises In connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by of for the vendor; or (8) "Bodily Idory" or "property damage" arising out of the solo negligence of the vendor for Its own aota or omissions or those of Its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained In Subparagraphs (d) or (6); or (b) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, In connsctlan with the distribullon or sale of the products. b, This Insurance does not apply to any Insured person or organization, from whom you have acquired such products, or any Ingredient, part or container, entering Into, accompanying or containing such products. c, This Insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part. U•GW346•B CW (04113) Pape a of 12 Inoludes oopyrighted material of Insuranoo Servloas Otltoe, Inc., wttthittss permisa.n. REVIEWED BY:(A41 _ ,,,v/ . •.,, EUMICE HEREDIA (PG oF:Z:g . 3. With respect to the Insurance afforded to the vendor under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the vendor is the amount of Insurance; a, Required by the written contract or written agreement referenced In Subparagraph F-1, above (of this endorsement); or b, Available under the applicable Llrnits of Insurance shown in the Declarations, whichever is less. This Paragraph E. shall not Increase the applicable Limits of Insurance shown in the Declarations. R Additional Insured — Managers, Lessors or Governmental Entity 1. Section II — Who Is An Insured is amended to include as an insured any person or organization who Is a manager, lessor or governmental entity who you are required to add as an additional Insured on this policy under a written contract, written agreement or permit, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or In part, by; a. Your acts or omisslons; or ia. The acts or omission of those acting on your behalf; and resulting directly from; A. Operations performed by you or on your behalf for which the state or political subdivision has Issued a permit; b. Ownership, ma)ntena nes, occupancy or use of premises by you; or c, Maintenance, operation or use by you of equipment leased io you by such person or orgariNtlon, However, the Insurance afforded to such additional Insured: a. Only applies to the extent permitted bylaw; and b. WIN not be broader than that which you are required by the written contractor written agreement to provide for such additional insured. 2. This provision does notapply: a. Unless the written contract or written agreement has been exeouted, or the permit has been issued, prior to the "bodily injury", "property damage" or offense that caused "personal and advertising injury",* b, To any person or organization Inciuded as an insured under Paragraph 3. of Section It --Who Is An Insured; c. To any lessor of equipment If the "occurrence" or offense takes place after the equipment lease expires; d. To any: (1) Owners or other Interests from whom land has been leased by you; or (2) Managers or lessors of premises, If: (a) The "Occurrence" or offense takes place atter the expiration at the lease or you cease to be a tenant In that premises; (b) The "bodily injury, "property damage" or "personal and advertising it lury" arises out of the structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (c) The premises are excluded under this Coverage Part. 3. With respect to the Insurance afforded to the additional Insureds tinder this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional Insured is the amount of Insurance: a. Required by the written If or written agreement referenced In Subparagraph F.I. above (of this endorsement); or U -43u.-1343.6 ew (04113) Raga 4 of 12 includes copyrighted material of Insura oe Sarvloea Office, Inc., wkh lts pa' IssIn REVIEWED BY. EUNICE HEREDIA (Pc5oLaJ b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph F, shall not increase the applicable Limits of Insurance shown in the Declarations. G. Damage to Promises Rented or Occupied by You 1. 'rhe last paragraph under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaoed by the fallowing: Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission or the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section III — Limits Of Insurance, 2, Paragraph 6. of Section III —Limits Of Insurance Is replaced by the following: 6. Subject to Paragraph 5, above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. H. Broadened Contractual Liability The "Insured contract" definition under the Definitions Section is replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "Insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to Indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a muniolpality In connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily Injury", "property damage", or "personal and advertising Injury" arising out of the offenses of false arrest, detention or imprisonment, to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not Include that part of any contract or agreement: (1) That Indemnities an arohfteot, engineer or surveyor for Injury or damage arising out of: (a) Preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and spsclli ations, or (b) Giving directions or instructions, or failing to give them, if that Is the primary cause of the Injury or damage; or (2) Under whioh the Insured, If an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Insured's rendering or fallure to render professional services, including those listed in Paragraph (1) above and supervisory, Inspection, architectural or engineering activities. I. Definition—Specific Perils The following definition is added to the Definitions Section: "Specific perils" means: a. Fire; b. Lightning; d. Explosion; U-GL1345-a CW (04!13) / Page a of 10 Includes copyrighted material of Insurance Services Office, Inc., with its p@imiss on. REVIEWED BYi EUNICE NEREnIA (PG (o oF2� d, Windstorm or hail, e. Smoke; f. Aircraft or vehicles; g. Vandalism; I Weight of snow, ice or sleet; 1. Leakage from fire extingulshing equipment, Including sprinklers; or j. Accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam. J. Limited Contractual Liability Coverage—Porsonal and Advertising Injury 1. Exclusion e. of Section I — Coverage B — Personal And Advertising Injury Liability Is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the Insured has assumed liability in a contractoragreement. This exclusion does not apply to: (1) Liability for damages that the Insured would have in the absence of the contractor agreement; or (2) Liabilityfor"PersonalandadvertisingInjury"If: (a) The "personal and advertising Injury" Mass out of the offenses of false arrest, detention or imprisonment; (b) The liability pertains to your business and is assumed Ina written contractor written agreement in which you assume the tort liability of another. Tort liability means a liability that would be Imposed by law in the absence of any contract or agreement; and (c) The 'personal and advertising injury" occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury" described in Paragraph (a) above, provided; (1) Liability to such party for, or for the cost at, that party's defense has also been assumed in the same written contract or written agreement; and (if) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of Section i —Supplementary Payments — Coverages A and 8 Is replaced by the following: d. The allegations In the "gull" and the Information we know about the "ecaurrenae" or offense are such that no conflict appears to exist between the Interests of the Insured and the Interests of the Indemnitee; 3. The following Is added to the paragraph directly following Paragraph 21, of Section I — Supplementary Payments w Coverages A and B: Notwithstanding the provisions of Paragraph 2"e.(2) of Section I — Coverage B — Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "personal and advertising Injury" and will not reduce the limits of insurance. K. Supplementary Payments " The following changes apply to Supplementary Payments — Coverages A and 6: Paragraphs 1,15o and 1.d, are replaced by the following: U-GL•1345-B CW (04113) Page 6 of 12 Includes copyrighted materiel of Insurance BeNices Office, Inc., With It partnias 6a. (�REVIEWED BYi —! EUNICE HEREDIA(PG70F23 _____ _ b. Up to $2,500 for the oost of ball bonds required because of accidents ar traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do net have to furnish these bonds. d, All reasonable expenses Incurred by the Insured at our request to assist us In tho investigation or defense of the claim or "cult", Including actual loss of earnings up to $500 a day because of time off from work. L. Broadened Property Damage 1. Property Damage to Contents of Premises Rented Short -Tenn The paragraph directly following Paragraph (8) in Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"). Including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section III — Limits Of Insurance, 2. Elevator Property Damage a, The following is added to Exclusion J. of Section I — Coverage A — Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising out of the wee of an elevator at premises you own, rent or occupy. I The following is added to Section III — Limits Of Insurance: Subject to Paragraph 5, above, the most we will pay under Coverage A for damages because of "property damage" to property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you awn, rent or occupy is $25,000 per "occurrence". 3, Property Damage to Borrowed Equipment a. The following Is added to Exolusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability: Paragraph (4) of this exclusion does not apply to "property damage" to equipment you borrow from others ata jobsite. b, The following is added to Section III — Limits Of Insurance: Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to equipment you borrow from others is $25,000 per "occurrence". M. Expected or Intended Injury or Damage Exclusion a. of Section I — Coverage A — Bodily Injury And Property damage Liability Is replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily Injury" or "property damage" expected or Intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property. N. Definitions—Bodily Injury The "property damage" definition under the Definitions section Is replaced by the following: "Bodily Injury" means bodily Injury, sickness or disease sustained by a person, Including mental anguish, mental injury, shock, fright or death sustained by that person which results from that bodily Injury, sickness or disease. O. Insured Status — Amateur Athletic Participants Section 11 —Who Is An Insured Is amended to Include as an insured any person you sponsor while participating in amateur athlallo activities. However, no such person is an insured for: a. "Bodily Injury" to: (1) Your "employee", "volunteer worker" or any person you sponsor while participating In such amateur athletic activities; or U -CL -1345•B CW (04113) Page 7 of 12 Includes copyrighted material of Insurance Services OfIce, Inc., with I pannrssi n. REVIEWED 6Y __ EUPIICE FIEREDIA (PG r0F$1� (2) You, any partner or member (if you are a partnership or joint venture), or any member (If you are a limited liability company) while participating in such amateur athletic activl6e8; or b, "Property damage" to property owned by, occupied or used by, rented to, in the care, custody or control of, or over which the physical control is being exercised for any purpose by; (1) Your "employee", "volunteer worker" or any person you sponsor; or (2) You, any partner or member (T you are a partnership or joint venture), or any member (if you are a limited liability company). P. Non4wned Aircraft, Auto and Watercraft Exclusion g, of Section I— Coverage A — Bodily Injury And Property Damage Liability Is replaced by the following g. AlrcrafI, Auto Or Watercraft "Bodily Injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any Insured. Use Includes operation and "loading or unloading". This exclusion applies even if the dalms against any Insured allege negligence or other wrongdoing In the Supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily Injury" or "property damage" Involved the ownershlp, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that Is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to; (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that Is: (a) Less than 31 feet long; and (b) Not being used to oarry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the Insured; (4) Liability assumed under any "Insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) An aircraft that is hired or chartered by you or loaned to you, with a paid and licensed crew, and is not owned In whole or In part by an Insured; or (6) "Bodily Injury" ar "property damage" arising out of: (a) The operation of machinery or equipment that Is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if It were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equlpment". Q. Definitions — Leased Worker, Temporary Worker and Labor Leasing Firm 1. The "leased worker" and "temporary worker" definitions under the Definitions Section are replaced by the following: "Leased worker" means a person leased to you by a "labor leasing firm" under a written agreement between you and the "labor leasing firm", to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". "Temporary worker" means a person who is furnished to you to support or supplement your work force during "employee" absences, temporary skill shortages, upturns or downturns In business or to meet seasonal or short- term workload conditions. "Temporary worker" does not Include a "leased worker". 2. The following definition is added to the Definitions Section: "Labor leasing firm" means any person or organization who hires out workers to others, including any: a. Employment agency, contractor or services; b. Professional employer organization; or U -GL -1345.8 CW (04113) Includes copyrighted materiel aflnsurance Services Office, Inc., with lis penniVlan. Page 8 of 12 [REVI:wW BY: i�� _ 1�EUPIICE NEREDIA (F'�A of 7� c. Temporary help service. R. Definition—Mobile Equipment Paragraph f. of the "mobile equipment" definition under the Definitions Section Is replaced by the following: f. Vehicles not described In Paragraph a„ b., c. or d, above malntalned primarily for purposes othar than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment, exceeding a combined gross vehicle weight of 1000 pounds, are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. S, Definitions —Your Product and Your Work The "your product" and "your work" definitions under the Definitions Section are replaced by the following: "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished In connection with such goods or products, b, Includes; (1) Warrarltles or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your product"; and (2) The providing of or failure to provide warnings or instruatlons. c, floes not include vending machines or other properly rented to or located for the use of others but not sold. "Your work" a, Means: (1) Work, services or operations performed by you or on your behalf; and (2) Materials, parts or equlpmentfurnished in connection with such work, services or operations. b, Includes; (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, use, handling, maintenance, operation or safety of "your work"; and (2) The providing of or failure to provide warnings or instructions. T. Priority Condition The following paragraph is added to Seclion III — Limits Of Insurance: U-GL•1345•B Cw (04113) Page 9 of U Includes copyrighted material of Insurance services Offce. Inc., with lis panni on. ; f. REVIEWED B "_, �REOIA (PUlt ur g In the event a claim is made or 'suit' is brought against more than one insured seeking damages because of "bodily Injury" or "property damage" caused by the same "occurrence" or "personal and advertising injury" caused by the same offense, we will apply the Limits of Insurance in the following order: (a) You; (b) Your "executive officers", partners, directors, stockholders, members, managers (if you are a limited liability company) or "employees"; and (c) Any other Insured In any order that we choose. U. Duties in the Event of Occurrence, Offense, Claim or Suit Condition The fallowing paragraphs are added to Paragraph 2. Duties In The Event Cr Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: Notice of an "occurrence" or of an offense which may result in a claim under this insurance or noticeof a claim or "suit" shall be given to us as soon as practicable after knowledge of the "ocourrenoe", offense, claim or "suit" has been reported to any Insured listed under Paragraph 1. of Section II —Who Is An Insured or an "employee" authorized by you to give or receive such notice. Knowledge by other "employees' of an "occurrence", offense, claim or "suit" does not Imply that you also have such knowledge. In the event that an Insured reports an "occurrence" to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the Insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular clalm Is a General Liability rather than a Workers Compensation claim. V. Other Insurance Condition Paragraphs 4,a, and 4.b.(1) of the Other Insurance condition of Section IV — Commercial General Liability Conditions are replaced by the following: 4, Otherinsurance If other valid and collectible Insurance Is available to the Insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This Insurance Is primary except when Paragraph b. below applies. If this Insurance Is primary, our obligations are not affected unless any of the other Insurance Is also primary. Then, we wilfshare with all that other Insurance by the method described In Paragraph c. below. However, this Insurance Is prlmary to and will not seek contribution from any other Insurance available to an additional Insured provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You are required by written contract or written agreement that this Insurance be primary and not seek contribution from any other Insurance available to the additional insured. Other Insurance Includes any type of self Insurance or other mechanism by which an Insured arranges for funding of its legal liabilities. b. Excess insurance (1) This Insurance is excess over: (a) Any of the other Insurance, whether primary, excess, contingent or on any other basis: (i) That is property Insurance, Builder's Risk, Installation Risk or similar coverage for "your work" (11) Thal Is property insurance purchased by you (including any deductible or sell Insurance portion thereof) to cover premises rented to you or temporarily occupied by you with permission of the owner; (lit) That is Insurance purchased by you (Including any deductible or self insurance portion thereof) to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; U -GL -1545-B CW (04113) Includes copyrighted material of Insurance 5oNloes Office, Inc., th its pe 4is slon. Page 10 of 12 f2EV1EWED BY: � ��__ EUNICE HEREDIA (PG I OF7 (Iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not Sul to Exclusion g. of section I —Coverage A — Badly Injury And Property Damage Liability; or (v) That is property Insurance (including any deductible or self insurance portion thereof) purchased by you to cover damage to: Equipment you borrow from others; or Property loaned to you or personal property in the care, custody or control of the insured arising out of the use of an elevator at premises you own, rentor occupy. (b) Any other primary Insurance (including any deductible or self Insurance portion thereof) available to the Insured covering liability for damages arising out of the premises, operations, products, work or services for which the Insured has been granted additional Insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self Insurance or other mechanism bywhich an Insured arranges for funding of Its legal liabilities. (c) Any of the other Insurance, whether primary, excess, contingent or on any other basis, available to an additional Insured, In whlch the additional insured on our policy Is also covered as an additional insured on another policy providing coverage for the carne "ocwurrence", claim or "auil". This provision does not apply to any policy in which the additional Insured Is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional Insured on a primary and non-oontributory basis. W. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV — Commercial General Liability Conditions is replaced by the following,. B. Representations By accepting this policy, you agree; a. The statements in the Declarations are accurate and complete; Is. Those statements are based upon representations you made to us; and c. We have Issued this policy In reliance upon your representations. Coverage will continue to apply if you unintentionally, a. Fail to disclose all hazards existing at the inception of this policy; or b. Make an error, omission or improper description of premises or other statement of Information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other Information that was not provided to us prior to Inception or this Coverage Part. X, Waiver of Right of Subrogation Paragraph S, Transfer Of Rights Of Recovery Against Others To Us of Section IV— Commercial General Liability Conditions Is replaced by the following: 9. Transfer Of Rights Of Recovery Against Others To Us a, If the Insured has rights to recover all or part of any paymonl we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to Impair them. At our request, the insured will bring "suite or transfer those rights to us and help us enforce them, b. If the Insured waives Its right to recover payments for Injury or damage from another person or organization in a written contract executed prior to a loss, we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage ParL The written contract will be considered executed when the Insured's performance begins, or when it Is signed, whichever happens first This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual Interest. U•GL-1348-B CW (04!13) Page 11 of 12 Includes copyrighted material of Insurance services Ottice, 1110.,wit. is petml. '�an. REVIEWED BY: ,EUNICE HEREDIA (PG120F11 Liberalization Condition The fallowing condition is added to Section IV — Commercial General Liability Conditions: Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge, your pottcy will automatically provide the addlilonai coverage as of the day the revision is effective in the stale shown In the mailing address of your policy. All other terms and conditions of this policy remain unchanged. U -0L•1346•13 CW (04113) Page 12 of 12 Includes capydghted material of Insurance Services Office, Inc., with itermlssloED BY_ EUPIICE HEREUTA (PGI ✓�F�� _—�._. _ Additional Insured —Automatic —Owners, Lessees Or ZURICH Contractors Pcdcy No. I Eff. paten mi Pal. EXp. Date of P01. Eff Data of End, GL00991005E 7/01/2015 07%01/2016 07%01!2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, Named insured: United Testing Corporation dba United Inspection & Testing Address (including ZIP Code): 22820 Galdencrest Drive, Suite 114, Moreno Valley, CA 92553 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A, Section II — Who Is An Insured is amended to include as an additional Insured any person or organization whom you are required to add as an additional Insured on this policy under a written contractor written agreement. Such person or organization Is an additional insured only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, In whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, In the performance of your ongoing operations or "your work" as Included in the "products -completed operations hazard", which Is the subject of the written contract or written agreement. However, the Insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2, Will not be broader than that which you are required by the written contract or written agreement to provide for such additional Insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This Insurance does not apply to: "Bodily Injury", "property damaga" or "personal and advertising Injury" arising out of the rendering of, or fall ure to render, any professional architectural, engineering or surveying services including; a. The preparing, approving or falling to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, Inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily Injury" or "property damage", or the offense which caused the "personal and advertising Injury", involved the rendering of or the failure to render any professional architectural, englneering or surveying services, C. The following Is added to Paragraph 2, Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: U -GL -1175-F CW (04113) Page 1 oft Includes copyrighted material of Insurance Services Office, Inc., Wr lis pe is Ion. REVIEWED 13Yt v �% FUNICE HEREDIA (PG jYF2� The additional Insured must see to it that: 1. We are notified as soon as practloable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "silt" as soon as practicable; and 3. A request for defense and Indemnity of the claim or "suit" will promptly be brought against any policy Issued by another Insurer under which the additlonal Insured may be on Insured In any capacity, This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions; Primary and Noncontributory Insurance This Insurance Is primary to and will not seek contribution from any other Insurance available to an additional Insured provided that: a. The additional Insured Is a Named Insured under etch other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other Insurance available to the additional insured. 2. The following paragraph is added to Paragraph 41, of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This Insurance is excess over: Any of the other Insurance, whether primary, excess, contingent or on any other basis, available to an additlonel Insured, in which the additional Insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy In which the additional insured is a Named Insured on such other policy and where our policy Is required by a written contract or written agreement to provide coverage to the additional Insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional Insured which has been added to this policy by an endorsement showing the additlonal insured In a Schedule of addillonal insureds, and which endorsement applies spacitically to that Identified additional Insured, F. Vdlth respect to the Insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional Insured Is the amount of Insurance: 1, Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever Is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U -GL -1175-F Cw (00.113) Includes copyrighted material oflnsurance Services of2ca,Inc„ wlih Il5'pen'nl;slan. Page 2 of 2 REVIE4VEr18Y:�d�(_ EUNICE HEREDIA(EutS)FZ3_ Other Insurance A`nendmeut -- Primary And Non - Contributory Policy No. I Eft. Date of Pol. Eap. Dale of Pol. Efi. Date of End. GL00381005 7/0112tl15 0'7!42/2016 07101/2tl15 zu P.1cW THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, Named Insured: United Testing Corporation dba United Inspection & Testing Address (Including XIP Code): 22624 Goldencrest Drive, Suite 114, Moreno Valley, CA 925,153 This endorsement modifies Insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph Is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions; This Insurance Is primary insurance to and will not seek oontribudon from any other insurance available to an additional insured under this policy provided that: a. The additional Insured Is a Named Insured under such other Insurance; and b. Yw.i are required by a written contract or written agreement that this Insurance would be primary and would not seek contribution from any other Insurance available to the additional Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other Insurance, whether primary, excess, contingent or on any other basis, available to an additional Insured, In which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "SUIV, This provision does not apply to any policy in which the additional Insured Is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional Insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. LI -GL -1327a Cw(04113) _( Includes copyrighted materlal of Insurance Services Office, Inc. with s ermlislo� Pagel of _q__ ... _ REVIEWED BY: ,// /, ✓ EUNICE HEREDIA (PGI OF2 Coverage Extension Endorsement ZURICH Policy No, Eff. Data cf Pal, I Exp. pate Poi.Eff. , f rete of End. BAP0381006 7/01/2015 10710112018M-07101/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modlfles Insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following Is added to the Who Is An Insured Provision in Section 11– Covered Autos LiabilityCoverage. The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours Is also an "Insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "Insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a, and A.1.b. In this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(a) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarat ons, whichever is less, 2, The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance– Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organlzation(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any Insurance maintained by the additional "Insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. S. Amondment–SuppiementaryPaymenta Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II – Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of ball bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses Incurred by the "Insured" at our request, including actual loss of earnings tip to $500 a day because of time off from work. l4CA-424�F GW (04144) % Page 1 of 6 includes copyrighted material of Insurance Services Office, Inc., W41 persslan. REVIEVIED Syll,4/ _Zv EUNICE HEREDIA PcI C. Fellow Employee Coverage The Fallow Employee Exolus[on contained In Section U —Covered Autos Liability Coverage does not apply. D, Driver Safety Program Liability and Physical Damage Coverage 1, The following is added to the Racing Exclusion in Section It— Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agllity demonstrations, 2, The following is added to Paragraph 2, In the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2,b. In tie Exclusions of Section IW — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following Is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total 'loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the loss"; (2) Financial penalties Imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan orlease; and (5) Carryover balances from previous leases or loans. F. Towing and Labor Paragraph A.Z. of the Physical Damage Coverage Secilon is replaced by the fallowing; We will pay up to $75 for towing and labor costs Incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G, Extended Glass Coverage The fohowing is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown In the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather then replaced. H. Hired Auto Physical Damage— Incmased Lora of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section Is replaced by the following: Loss Of Use Expenses For Hired Auto Physloal Damage, we will pay expenses for which an "In6ured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contractor written rental agreement. We will pay for loss of use expenses if caused by: U•CA•424•F Cw (041141 Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., wfth i perml mi. _ REViE VED BY: y� EUNICE HEREDIA (PG)rbF79 (1) Other than collision only If the Declarations Indicate that Comprehensive Coverage is provided for any covered "auto": (2) Specified Causes Of Loss only If the Declarations Indicate that Specified Causes Of Loss Coverage is provided for any covered "auto'; or (3) Collision only It the Declarations Indlcata that Collision Coverage Is provided for any covered "auto". However, the most we will pay for any expenses for loss of use Is $100 per day, to a maximum of $3000. i, Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage $action: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "Insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be pald for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual Gash value. c. The coverage provided in Paragraphs a, and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage, However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bilis, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of valua, (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art (4) Contraband or property In the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 8.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion In Paragraph 8.2.c, of Section IV - Physical Damage Coverage In the Motor Garner Coverage Form does not apply. 2. The following Is added to Paragraph 1.a. Comprehensive Coverage tender the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or date electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devicas Is $500, The Physical Damage Coverage Deductible Provision does not apply to such "loss". U -CA -424-F CW (04114) Page 3 of e Includes copyrighted matarlel of Insurance Services Orfoa, Inc., Wli Jlts pen Asi n. REVIEWED BY: //�j _ EUNI EHEREDIA(PGJ FZ,� K. Alrbag Coverage The Exclusion In Paragraph B,3,a. of Section III — Physical Damage Coverage In the Business Auto Coverage Foran and the Exclusion in Paragraph 6.4.a. of Section IV — Physical Damage Coverage In the Motor Carder Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The lollowing Is added to the Deductible Provision of the Physical Damage Coverage Sootlon: If an accident Is covered both by this policy or Coverage Form and by another polloy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage— Comprehensive Coverage — Deductible The following is added to the Deductible Provlslon of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible thatwill be applied to Comprehensive Coverage for all "loss" from any one cause Is $5,000 or the deductible shown in the Declarations, whichever Is greater. N. Temporary Substitute Autos—Physical Damage 1. The following Is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physioal Damage Coverage Is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of Its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Lase"; or 5. Destruction. 2, The following Is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the ow'nerfor "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaoes. 0. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Dutles In The Event Of Accident, Claim, Stilt Or Loss Condition is replaced by the fol lowing: a. In the event of "aooldenl", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", clalm, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (If you are an individual), a partner (If you are a partnership), a member (If you are a limited liability company) or an executive officer or Insurance manager (if you are a corporation), The (allure of any U•CA•424•F CW (04114) Pape 4 of G Includes copyrighted material of Insurance Servioes Offica, Ino., wit t Partnl/ n REVIEWED BY +i EUNICE NEREDIA (Pc,ZQCF2 agent, servant or employee of the 'Insured" to notify us of any "aucldent", claim, "suit" or "loss" shall not invalidate the Insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "less" occurred and If a claim Is made or "suit" is brought, written notice of the claim or "SUIV Including, but not limited to, the date and details of such claim or "suit"; (2) The "Insured's" name and Address; and (3) To the extent possible, the names and addresses of any Injured persons and witnesses. If you report an "accident", claim, "cult" or "loss" to another Insurer when you should have reported to us, your failure to report to us will not be seen as ,a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following Is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Candltlon does not apply to the extent required of you by a written contract, executed prior to any "eccidenf' or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated In the contract. 0. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered Into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respeottheir obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto"_ R. unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form If you unintentionally: (1) Fail to disclose any hazards existing at the Inception date of this Coverage Form; or (2) Make an error, omission, Improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery Of any hazards or any other informaton that was not provided to us prior to the acceptance of this policy. S. Hired Auto—World Wide Coverage Paragraph 70.(5) of the Policy Period, Coverage Territory Condition Is replaced Icy ft following: (5) Anywhere in the world if a covered "auto" Is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily Injury" In the Definitions $action Is replaced by the following: "Bodily Injury" means bodily injury, sickness or classes, sustained by a person including death or mental anguish, resulting frnrn any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U -CA -424-F CW (04114) / Page a of 6 Includes capyrlghted materlel of Insurance services Office, Inc., wlth,lb pe I sloe. REVIEWED BY dA�� EUNICE HEREDIA (pc,210F29) U. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II —Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily Injury" or "property darnage" expected or Intended from the standpoint of the "Insured". This axdusion does not apply to "bodlly injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Phystcal Damage Coverage is replaced by the following: 4, Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense Incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" Is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following Is added to Paragraph A. Coverage of the Physical Dernage Coverage Section: In the event of a total "loss" to a covered 'auto" of the private passenger type that Is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To quality as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following Is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cast of transport to return the "auto" to you. We will pay only for those Covered "autos" forwhlch you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-QA•424•F CW (04114) Paye a of e Includes copyrlBhted nlaterld of Insuranre ,ervices Office, Inc., wl HI pe Isslan, REVIEWED EUNICE HEREDIA (PG2,,,3oF 22_; WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent thatyou perform work under a written contract that requires you to obtain this agreement from LIS.) This agreement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. Schedule Any party which is required by written contract This eadorsementchanges the policy to which it is attached and Is effective on the date issued unless otherwise stated. Policy No. W00381004 Insured: United Testing Corporation dba United Inspection A Tesing Insurance Company: Zurich Insurance Company Countersigned by &Fera &090 WC124 (4.84) 1 Page 1 of 1 WC 00 0313 copyright 1983 National council on Compensation Insurance, Ina. Un Uorm Formst'u REVIEWED f1Y. G+ �� 1 EUNIC,E HEREUTA (Pc: or-2*3 CONSO-2 OP ID: EB CERTIFICATE OF LIABILITY INSURANCE DATE 06/0 i1'2016Y} 06/03/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CER11FICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C7 NAME: Butwin Insurance GroupEllen Begun PHONE _ FAX..-..-- - Suite 414 talc, Nq, gxr) 516.466-4200 Arc. Nor 516-466-4213 60 Cutter Mill Road ADORess: ebe un butwin.com Great Neck, NY 11021-3104 —... Richard S. BLltwin INSURER(S) AFFORDING COVERAGE NAIC p _insuRERA:ZURICH INS CO j16535 INSURED United Testing Corporation INSURER B: Travelers 41769 dba United Inspection & Testing INSURERC Everest Indemnity Ins. Co. 10851 — -- ----. .. _ .__..._ 22820 GOIdencrest Drive INSURER O: Suite 114 __..._..------- -; ---- Moreno Valley, CA 92553 INSURER E: INSURER F COVFRAGFS CERTIFICATE NIIMRPP- RCVICInN Nn innar-0. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR.L —'—-------- t.... -POLICY EFF .-.' POLICY EXP LTR l TYPE OF INSURANCE INSD WVDPOLICY NUMBER MMIDO1YYYY I MMIDDIYYYY LIMITS COMMERCIAL GENERAL L LIABILITY �: l •! It J', LL 1,000,000 X GLO0381005 0710112016, 07/01/2017 ", r l : ; �, � „ f f --- ----------------- 500,000 — 10,000 1,000,000 2,000,000 : X = 21000,000 --------- AUTOMOBILE LIABILITY EIIE^i LE 1,000,000 A X X iBAPO361006 07/01/2016' 07/0112017 — '. 1 X I UMBRELLA LIAB X -„-.- - -I ,. _ 1. E p_ 51000,000 B EXCESS LIAB X ZUP91M34980-15 07101/2016 07/01/2017 E:aT_ i t 5,000,000 , F- i X --,JTi,- i is 10,000', WORKERS COMPENSATION =L= T AND EMPLOYERS LIABILTY X ... YiN A F I u� LF, t �_�rl i -�ruA WC0381004 07/01/2016 07101/2017 t, ,-I g 1,000,000 r - .. -- I(Mandatory in NH)- _ _�c =- ac 1,000,000 1,000,000 C Professional Liab PL5E000137-151 07/01/2016 07/0,112017 (Limit 2,000,000 Retro Date 9/1/85 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS ( LOCATIONS 1 VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space is required) THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSUREDS WITH RESPECTS TO THE OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INUSRED, THIS INSURANCE IS PRIMARY AND NON CONTRIBUTORY WITH ANY OTHER INSURANCE CARRIED BY OR FOR'THE BENEFIT OF THE ADDITIONAL INSUREDS, 10 DAY NODI PAYMENT CANCELLATION APPLIES "RE-D1A RE.V9i` VAI .D BY V--, tLNBg, L tth PC 09 SANTAAN CITY of SANTA AA PUBLIC WORKS A ENCY' �p 0 2 l'6 ROSS STREET ANNEX -M- 20 CIVIC CENTER >: SANTA ANA, CA Lw_1\ w140111L11LwJwI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE v trots-zu 14 rAl—umu uurr-umiA I Ivrv. Ali ngnfs reservea. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Zurich American Ins Co This endorsement modifies such insurance as is afforded by the provisions of Policy # GLO038,10051 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured, 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability, The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 07/01/2016 Policy # GL00381005 this endorsement form as a part of Issued to United Testing Corporation dba United Inspection &Testing Named Insured Countersigned by 5ffeO Fe9W Authorized Representative 6da,_WfG f Ra BY�wGE H RE ( 2 � _.. s�u� }} CERTIFICATE OF LIABILITY INSURANCE rATE(MM/DDr(YYY) 02/02/201802/02/2018018o)a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. Stamford CT office CONTACT NAME: PHONE (866) 283-7122 FAX (800) 363-0105 (AIC. No. Ext): (AIC. No.): E-MAIL ADDRESS: 1600 Summer Street Stamford GT 06907-4907 USA INSURER(S) AFFORDING COVERAGE NAIC # LIMITS INSURED INSURER A: Zurich American Insurance Company 16535 United Testing LLC dba united -Heider Inspection Group 22620 Goldencrest Drive, Suite 114 INSURER B: Travelers Property Cas Co of America 25674 INSURER C: Peleus Insurance Company 34118 Moreno valley CA 92553 INSURER D: 1 INSURER E: INSURER F: GUVtKAUtJ GtKIIhICATt NUMIitK: b/UUb1Jb1229 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICY PROVISIONS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested Santa Ana CA 92701 NSR ILTR TYPE OF INSURANCE D NSD UBR WVD POLICY NUMBERMMIDD/YYYY POLICY EFF POLICY EXP MM DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY GLO 1 1 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE FORM= PREMISES Ea occurrence)$500,000 MED EXP (Any one person) $10,000 N PERSONAL &ACV INJURY $1,000,000 r- GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,005 X POLICY F-X] JER� F LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: p I- AA AUTOMOBILE LIABILITY BAP0381006 07/01/201707/01/2018 COMBINED SINGLE LIMIT $1,000,00 Ea accident BODILY INJURY ( Per person) X ANY AUTO O OWNED SCHEDULED y BODILY INJURY (Per accident) AUTOS ONLY AUTOS N PROPERTY DAMAGE HIRED AUTOS NON -OWNED O ONLY AUTOS ONLY Per accident 4= d B X UMBRELLA LIAR X OCCUR ZUP81M3498017 07/01/201;07/01/2018 EACH OCCURRENCE $5,000,00 C-) AGGREGATE $5,000,00C EXCESS LIAB CLAIMS -MADE DED RETEWORKERS NTION LIABILTYTION AND WC0381004 07/01/201 07/01/201 STATUTE FTH- x IR A EMPLOYERS' YIN E.L. EACH ACCIDENT $1, 000 , 0O ANY PROPRIETOR I PARTNER / EXECUTIVE —N OFFICERIMEMBER EXCLUDED? [ E.L. DISEASE -EA EMPLOYEE $1, 000' 00 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below —_ E.L. DISEASE -POLICY LIMIT $1, 000, OO C Architects & Engineers JAE4197397 06/30/2017 6/30/2018 Each Claim: $2,000,000 Professional Liability Aggregate: $4,000,000_ DESCRIPTION)F OPERATIONS LOCATIONS / VEHICLES ACORD 101, Additional RemarksSchedule, maybe attached ifmore space isrequired ray RE: Santa Ana Delhi Channel Diversion Project. Santa Ana, CA, C ty of Santa Ana Project 16-6467 UIT Project 10-17413Pw. The City of Santa Ana its officers, employees, agents and representatives are included as Additional Insured with respect to the provisions of the General Liability policy, as per attached endorsements, a primary non-contributory basis. waiver of Subrogation applies. r REVIEWED BY: EUNICE HEREDIA (PG OF CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Santa Ana EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE 20 civic Center Plaza POLICY PROVISIONS. AUTHORIZED Santa Ana CA 92701 (�REPRESENTATIVEj/'J l�sO�d �r�G>t2ilCC4 V !� c/ 9ZC ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 9 General Liability Supplemental Coverage Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add]. Prem. Return Prem. GLO 0381005 07-01-2017 07-01-2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However, endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement. A. Broadened Named Insured 1. The following is added to Section II — Who Is An Insured: Any organization of yours, other than a partnership or joint venture, which is not shown in the Declarations, and over which you maintain an ownership interest of more than 50% of such organization as of the effective date of this Coverage Part, will qualify as a Named Insured. However, such organization will not qualify as a Named Insured under this provision if it: a. Is newly acquired or formed during the policy period; b. Is also an insured under another policy, other than a policy written to apply specifically in excess of this Coverage Part; or C. Would be an insured under another policy but.for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50% in the organization during the policy period. 2. The last paragraph of Section II — Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3. of Section II —Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 50% of such organization, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. U -GL -1345-B CW (04/13) Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with itsp mission. REVIEWED BY: M EUNICE HEREDIA (PG ZOF ) 2. The last paragraph of Section II — Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. C. Insured Status — Employees Paragraph 2.a.(1) of Section II — Who Is An Insured is replaced by the following: 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However: Paragraphs (1)(a) and (1)(d) do not apply to your "employees" or "volunteer workers", who are not employed by you or volunteering for you as health care professionals, for "bodily injury" arising out of "Good Samaritan Acts" while the "employee" or "volunteer worker" is performing duties related to the conduct of your business. "Good Samaritan Acts" mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs (1)(a), (b) and (c) do not apply to any "employee" designated as a supervisor or higher in rank, with respect to "bodily injury" to co -"employees". As used in this provision, "employees" designated as a supervisor or higher in rank means only "employees" who are authorized by you to exercise direct or indirect supervision or control over "employees" or "volunteer workers" and the manner in which work is performed. D. Additional Insureds — Lessees of Premises 1. Section 11— Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement, but only with respect to liability arising out of your ownership, maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply after the person or organization ceases to lease or rent premises from you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: U -GL -1345-B CW (04/13) Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its per ission. REVIEWED BY: EUNICE HEREDIA (PG OF b ) The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph D.I. above (of this endorsement); or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured —Vendors 1. The following change applies if this Coverage Part provides insurance to you for "bodily injury" and "property damage" included in the "products -completed operations hazard": Section II — Who Is An Insured is amended to include as an additional insured any person or organization (referred to throughout this Paragraph E. as vendor) who you have agreed in a written contract or written agreement, prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business: However, the insurance afforded to such vendor: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This insurance does not apply to any of "your products" for which coverage is excluded under this Coverage Part. U -GL -1345-B CW (04/13) Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its perm ion. REVIEWED BY: EUNICE HEREDIA (PG q OF �j)