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HomeMy WebLinkAboutD.WOOLLEY & ASSOCIATES-2017INSURANCE! ON FILE A -2017-W WORK MAY PROCEED UNTIL IN URANCC'EXPIRE" CLERKPUNCIL NTE:R�tjj4 2017 AGREEMENT TO PROVIDE CONSTRUCTION ®' WA (o) SURVEYING SERVICES ON AN ON-CALL BASIS P4,lGc 0(kJZ THIS AGREEMENT is made and entered into this 6th day of July, 2017.by and bet'veen D. Woolley & Associates, hic. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 20, 2017, the City issued Request for Proposal No. 17-009, by which it sought Contractors to provide On -Call Construction Surveying Services for the City of Santa Ana Public Works Agency, B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-009 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Contractor shall perform the services that are described in Exhibit A. Contractor's proposal is incorporated by reference as though fully set forth herein When the need for services arises, City may initiate services through use of a task or sirrilar order issued to Contractor. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three Contractors selected to provide construction surveying services on an as needed basis under RFP No. 17-009. The total compensation for Contractor, as one of the selected contractors, for services provided under RFP No. 17-009, shall not exceed $250,000 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of Exhibit 3 proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall coaxnnence on the date first written above and continue for two (2) years, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to two (2) one-year extensions upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq,, and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless fronr any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPE'N'DENT CONTRACTOR Contractor shall, during the entire tern 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"), Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive Page 2 of 12 and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: Page 3 of 12 (i) Contractor shall maintain all insurance required above in £till force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising fiom this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, J udicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal procceding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Page 4 of 12 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in correction with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 infonnation 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (o) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflicts tray be further specified in Certifications -- Exhibit C, attached hereto and incorporated in this Agreement, by reference. Page 5 of 12 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.Q. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.Q. Box 1988 Santa Ana, CA 92702 Fax: 714-647-5635 To Contractor: D. Woolley & Associates, Inc. Attn: Trevor D. Rice 2832 Walnut Ave. Suite A Tustin, CA 92780 Fax: 714-508-7521 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. 14. EXCLUSIVITY AND AMENDMENI" This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other Page 6 of 12 instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor 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 Page 7 of 12 C, attached hereto and incorporated in this Agreement by reference. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and night to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 4 vvvvl �s i ARIA D. IIUIZAI2 Clerk of the Council Signatures continued an next page CITY OF SANTA ANA CYNTHIA Interim Cityivlanagar Page 8 of 12 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 7) -Funk Assistant City Attorney RECOMMENDED FOR APPROVAL s� I F E MOUSAVIPOUR Executive Director Public Works Agency Title: Stec e�A'itr7rers Y Page 9 of 12 EXHIBIT A SCOPE OF SERVICES Page 10 of 12 EXHIBIT A Appendix ATTACIINIENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CONSTRUCTION SURVEYING SERVICES RFP NO.: 17-009 Introduction and Background: The City desires to engage qualified firms to provide On -Call Construction Surveying and Map Checking Services. Description of Work: Construction Surveying Services In general, the Consultant shall perform monument preservation and construction staking for various City projects on an as -needed basis. A California -licensed land surveyor shall be in responsible charge of all survey work performed under the agreement. The Consultant's services shall include, but not be limited to, the following: A. Research existing County and City records for survey monuments within the project area. B. Prior to any clearing removal, or excavation efforts, perform a diligent search for property line monuments, street centerline monuments, and benchmarks within the project area, recording their identities and precise locations in reference to motunments or witness monuments that will not be disturbed during construction. The records of these monuments and references shall conform to Section 5771 of the Business and Professions Code of the State of California. After completion of the construction, any monument disturbed or removed during construction shall be reset, conforming to Section 5771. Each centerline intersection shall be drawn on a single Corner Record showing local tie points and tie distances. A pdf copy of the final receded Corner Record shall be submitted to the City. C. Provide construction staking for project improvements. Records of the line and grade stakes (cut sheets) shall be on forms provided by the City, and the originals shall become the property of the City upon completion of each survey request. The City will provide digital construction plans and specifications for each project. D. Set line and grade stakes in accordance with the plans and specifications. Notify the City immediately of any discrepancies or design errors discovered on the plans during staking or when verifying the line and grade of existing improvements atjoin points. City of Santa Ana RFP 17-009 Page Ai -1 E. Complete the construction staking within the time Frame specified on the Survey Request Form, or (given minimum notice) commence the sinking no later than two working days from the receipt of the request, providing continuous service until the request is complete, F. Furnish all office support, labor, materials, equipment, tools, and incidentals necessary to complete the specified surveys. The costs for these items shall be included in the hourly or lump stun costs and no additional compensation will be allowed therefore. G. Attend meetings with City's staff as required. Map Checking Services A. Information furnished by the City for checking will be roughly as follows: 1 set of Exhibits, title reports, reference documents (Deed, Parcel Map, Tract Map, etc.), traverse closures, and improvement plans. S. Review Exhibits for technical correctness and completeness, consistency with the City guidelines and requirements, compliance with the Subdivision Map Act, and acceptance for recording. C. Review title report and existing easements for correct plotting and references. D. Review improvement plans associated with the project to ensure the Exhibits correctly identify the limits and location as shown on the improvement plans. E. Provide a set of redline check prints showing the redlined comments, and required corrections and information. P. Provide a check letter covering the major required comments, and corrections and instruction for future submittals. G. Provide a timesheet at the end of every review to include, but is not limited to, project name, review number, dates, review hours, hourly rate, and total cost. Miscellaneous Services A. Provide survey services as requested. A detailed scope of work will be OULHned when specific project is assigned to the consultant. Services shall include, but are not limited to, Gross -sections, intersection grids, centerline determination, digital terrain models (dun), right of way determination, utility profiles and exhibits. B. Generate a computer drawing in Microstation V3 format as well as the sample survey drawing on the City of Santa Ann website listed in item K below. C. All survey needs to be prepared to the satisfaction of (lie City's Surveyor and meet the Following standards: City of Santa Ana RFP 17-009 Page A1.2 D. Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values shall be provided in U.S. Survey Feet. The County control points shall determine the Basis of Bearing for the project. E. Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations shall be provided in U.S. Survey Feet. F. Horizontal aligmnent(s) for the project shall be tied to the survey centerline monuments within the project area. G. With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required. H. Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, casting, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot. 1. At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. J. All City CADD standards as well as Microstation configuration files are located at: K. http://www.santa-ana.org/pxva/EtigitieeritigSet-vices.asp 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 and Investigations (AW), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Certification Contract Costs and Financial, in the Appendix of this RFP as Attachment 4. 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. Fee Proposal: osal: In addition to Section III.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: a For Caltrans funded projects, reference LAPM Exhibit 10-H (sample cost proposal) and is include in Attachment 4. City of Santa Ana RFP 17-009 Page Al -3 The City does not guarantee the quantity of the work to be performed by the selected firm. The consultant shall be paid for the actual services provided for the project according to the proposed hourly rates and unit costs. In addition to the FEE SCHEDULE, the proposer shall submit another fee proposal to include construction surveying services that can be provided by the proposer but are not included in the FEE SCHEDULE. This fee proposal should be included in the aforementioned envelope. Special Requirements (Attachment 4): Compliance with Requirements of fundiva Agency: This agreement may be funded, in part through Federal and \Measure N12 funds , therefore requiring compliance with all requirements of Caltrans and OCTA. Proposer shall comply with all requirements as they pertain to the use of these funds; refer to Appendix Attachment 4. LAPiv1 Exhibit 10-1.1: Sample Cost Proposal LAPM Exhibit 10-I : Notice to Proposers, DBE Information LAPtvf Exhibit 10-0 1: Consultant Proposal DBE Commitment a LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System IT SHALL BE THE RESPONSPILITY OF THE CONSULTANT TO VERIFY THAI' THE LATEST VERSION OF THESE DOCUMENTS IS USED IN THE PROPOSAL, LATEST FORMS CAN BE FOUND CALTANS WFBSITE, CHAPTER 10: wx-�v.dot.ca 2ovfngfLocalProeramstiam(CH l0.htm 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 City of Santa Ana is implementing the new Race Conscious Disadvantaged Business Enterprise (DBE) Program. The DBE goal for this contract is 00°!4. Consultants under contract with the City of Santa Ana Will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with tine Scope of Work prior to submitting a response to this Request for Proposal (RFP). e 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. m The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. B 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 cony NOT include a detailed review for ilia accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. City of Santa Ana RFP 17.009 Page At -4 • 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 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 Pederal representatives. • Project files 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 fallowing link. http://www.d i r.ca. ttov/ n�Blic-works/nttblieworks. h tnn I City of Santa Ana RFP 17.009 Page Al -5 EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page l l of 12 Schedule of Hourly Bates for Services EXHIBIT B Survey Manager Professional Land Surveyor Senior Technician Technician/CAD Operator One Person Survey Party w/equipment Two Person Survey Party w/equipment three Person Survey Party w/equipment Labor Compliance Officer Expert Witness/Deposition Clerical $165.00 5180.00 $130.00 $120.00 $180.00 $275.00 5365.00 5135,00 $350.00 Included in Overhead Prints, research material &.other incidental supplies: Cost + 5% 1. Overtime, evening, or Saturday work authorized by the client will be charged at 1.4 times the rate as shown 2. "lorkon Sundays, holidays or after 12 hours onsite, as authorized by the client, will be charged ar 2 times the rates as shown 3. A minimum of 4 survey hours will he charged for field crews. 4. fees charged by cities and other agencies for permits, chceldn-and filing will be billed at cost plus 596 handling fee. 5. Outside consultants, such as engineering or photogrmnmetry will be billed at cost plus 50G handling fee. Rates are subject to change on October 1st of each year. The City of Santa Ana has requested that consultants include a Project Fee Schedule. The RFP does not outline any specific projects. We can provide a general estimate for the services described in Attachment 1— Scope of Worlc. 1). Woolley & Assocoues, lac. 2832 Walnut ilvauic, Suite A Email: 0'1u-M1`rpolle:cum Tustin, California, 92780 Phone: 714.734.8462 IMONUMENT PERPETUATION We cannot precisely determine a cost per monument. This due to variables of the site conditions. for instance, monuments that are not on the surface need to be dug up -which can take 10-30 minutes - as compared to a monument existing on the surface. A monument that has 4 existing ties only requires us to verify the ties - tagging them if dtcy arc not currently tagged. Conversely, a monument that has no existing ties will requires m to set lead ties with lead, tack and tag which will need to then be measured. Our firm has performed these types of projects in the past. We realize that when worldng with this many monuments in widely varying conditions we will have wide variations in the existing conditions. The worst case scenario is most of the monuments arc buried from previous paving projects and the existing ties are no longer in place. Considering all of these variables including filing of Corner Records we are comfortable with a per monument unit cost which will allow us to complete any monument perpetuation project according to the scope outlined. 5550.00 per monument to be perpetuated. Once a specific project is issued we can provide a more accurate rate to the City. Construction Staking 2,000+/- Linear feet per day depending on site conditions. 52,475 for one day with aTwo-Vlan Crew Mapchccldng Survey Manager 5165.00/Hoar 1). Woolley K Associate.^., 111e. 3332 4Vatnut Avenue, Suite A Email; dwejE)jiir(si 9'uscin, Cnlifomia,92780 Phone: 714,71114.9461 EXHIBIT C CERTIFICATIONS Page 12 of 12 EXHIBIT C Apponclax ATTACHMENT 34t NON -COLLUSION AFFIDAVIT CRRTIPICATIONS NON-COL4U9ON AErIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuino and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and lies not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly; sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organiaatiou, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signed NoW The above Non -collusion Affidavit is part of the Proposal, Signing this Proposal cn.the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a�lsexertification may subject the certifier to criminal prosecution. notary publio or other officer completing this rtificate verifies only the identity of the individual io signed the document to which this certificate attached, and not the truthfulness, accuracy, or State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 13 day of April 20 17 , by Trevor D. Rice r proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. M. L.PAULH Z COMM. k 2926094 a) NOTARY PUBLIC- CALIFORNIA M ' ORANGE COUNTY j My COMM e a June 1, 2819 ry�r ^ p '"'�"'^^"'°^^ Signature /' (� L I NQ 7lxfy 1 ust'g. City of Santa Ana RFP Page A3.1 Appendix ATTACIIIMENT 3-2: NON -LOBBYING CERTIFICATION CERTMCATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee oCa Member of Congress In connection with die awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any Funds other than federal appropriate([ finds have been paid or will be paid to any person for influencing or attempting to Influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, at- an employee of a lylember of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed whoa this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into tbis transaction imposed by Section 1352, Title 31, U. S, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be incladed in all lower tier subcontracts, which exceed 9100,000 and that all such sub recipients shall certify and disclose accordingly, Firm D. Woolley & Associates, Inc. Signed and Printed Name: Title Vice -President Date April 13, 2017 City of Santa Ana RFP Page A3.2 Appendix ATTACHMENT 3-3: NON-DISCRU (NATION CERTIFICATION CHRTMCATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows; The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated daring employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following; employment, upgrading, domotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to past in conspicuous places, available to employees and applicants for employment, ttotices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which be/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pennit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6, In the ovent of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Govermncnt contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, L965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7, The Consultant shall include the portion of the sentence lmmediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed For a violation of the Chapter. Signed: ;�----�•.,_._— Title: Vice President firm: D. Woolley & Associates, Inc. Date; April 13, 2017 City of Santa Ana RFP Page A3.4 A`tCill CERTIFICATE OF LIABILITY INSURANCE °ATS 1ai2o�rvY' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 18 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 10A Insurance Services 130 Vanlis, Suite 250 AIIso Viejo, CA 92656N NAMEACT Betty Tran PHONE FAX 949-297-5962(AIC Net: 949.297.5960 batt .tran icausa.com INSURER(S) AFFORDING COVERAGE NAICY INSURERA, RLI Insurance Company 13056 www.loausa.com CA License #OE67768 INSURED D. Woolley&Associates, Inc.; Harbinger Analytics Group 2832 Walnut Ava IUS, Suite A Tustin CA 92780 INSURER B: INSURER C: --- -- INSURER D: INSURER E: INSURER F: CLAIMS -MADE © OCCUR Prim/NCroon COVERAGES CERTIFICATE NUMBER: 3669o201 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED Oil MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLLSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR TYPE Of INSURANCE A OLSUBR INSEP POLICYNUMBER POLICY EFF MMIDD/YYYY PpOLICY EXP NMIDDIYYYY LIMITS COMMERCIAL GENERALLIABILITY ✓ 'Wk t/ PSB0001377 2/11/2017 2/11/2018 EACHOCCURRENCE $ 2,000,000 CLAIMS -MADE © OCCUR Prim/NCroon Scheduled 1 End! 2 #PPB Professional Professional Services performed by the Insured are Excluded PREMISES Ea oaaurmne $ 1,000,000 MED EXP An one ereon $ 10,000 Wvr of Subr PERSONAL &ADV INJURY It 2,000,000 GEN'L AGGREGATE U MIT APPLIES PER: POLICY LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS-COMP/OP AGO $ 4,000,000 OTHER: A AUTOMOBILE LIABILRY✓ ANY AUTO ✓ PSA0001203 Designated Insured Endt 2/11/2017 2/1112018 EOMeIBI INEDISINGLE LIMIT $ 1000,000 BODILY INJURY (Per person) $ ✓ OWNED SCHEDULED AUTos oNLv AUTos AUTOS ONLY AUTOS ONLY #CA20481013; Prlm/NonCon and Blkt Wvr Of Subr included on pg 2 of Form BODILY INJURY (P. accident) $ PBOPERk rtl) GE $ $ ✓ Prim/NonCon Wvr of Subr #PPA3000313 A UMBRELLA LIAR ,/ OCCUR PSED001256 2/11/2017 2/11/2018 EACH OCCURRENCE s 4.000,000 ,/ EXCESS LIAO CLAIMS -MADE Excludes Professional Liability AGGREGATE S 4,000,000 DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOWPARTNEWEXECUT'IVE OFFICERINIE(Mandato,y In NH)EXGLUOED7 FN N/A PSW000'I 324 Walver of Subrogation Endt#WC0403060484 2/11/2017 2/11/2018STATUTE ERH E,L,EACHACOMENT $ 1,000,000 E.L, DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I $ 1,000,000 A Professional Llabllity RDPOO27812 2111/2017 2f11l2018 $1,000,000 Each Claim Claims -Made $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks SchedulD, maybe attached If more space is required) Certificate Holder Is an Additional Insured with respect to General Liability (GL) and Automobile Liability but only when required by wrltten contract with the Insured prior to an occurrence asper Endorsements noted above- GL Includes Separation of Insureds and Contractual Liability per limitations In the BuslnessOwners' Coverage form. A Workers' Compensatlon Waiver of Subrogation as noted above Is Included for the person or organization named In the Schedule that are parties to a contract requiring this Endorsement, provided that contract is executed before the loss. Coverage subject to all policy terms, conditions, limitations and exclusions. 30 Day Notice of Cancellation/10 Days for Non -Payment In aydance with policy provisions. REVIEWED BY: EUNICE HEREDIA(PG I OF <) CERTIFICATE HOLDER CANCELLATION City Cit of Santa Ana its officers and employees 20 Center Plaza /M -3U POBox 1988 ) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCEWITH THE POLICY PROVISIONS. Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE (AVC) Alicia K, ]gram ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 36690201 1 2/17-1e GWAUM/Excess/we/PL I (AVC) Betty Tran 1 7/14/2019 9:30,46 AM (PDT) I Page v oT 3 Policy Number: PSB0001377 RLI Insurance Company Named Insured: D. Woolley & Associates, Inc.; Harbinger Analytics Group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM — SECTION II — LIABILITY Schedule Name of Person(s) or Organization(s): City of Santa Ana, Its officers and employees SECTION II C. Who Is An Insured is amended to include as an additional insured the person or organization shown in the schedule above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the rendering of or fallure to render any "professional services". b. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the Insurance provided to an additional insured under this policy must apply on a PPB 313 02 12 primary basis, or a primary and non-contributory basis, this insurance is primary to other Insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or I The "personal and advertising Injury" for which coverage is sought arises out of an offense committed after you have entered Into that contract or agreement. 4. The following is added to SECTION III I Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO SECTION I — PROPERTY AND SECTION 11— LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Page 1 of 1 39990201 1 1/17-10 OL/AW0/7%CE99/WC/PL I (AVC) Betty Tran 1 9/14/2019 9130140 AM (V"'1'( 19,a 2 of 5 CVIEWED BY:_ EUNICE HEREDIA(PG'�r5 POLICY NUMBER: PSA0001203 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization($) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named insured: D. Woolley&Associates, Inc.; Harbinger Analytics Group Endorsement Effective Date: 2/11/2017 Name Of Person(s) Or Organlzation(s): City of Santa Ana, its officers and employees Information required to complete this Schedule, if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2, of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 1013 © Insurance Services Office, Inc., 2011 Page 1 of 1 36690218 12/17-10 GL/AUT9/9XCG59/WC/PL I (AVC) Betty Tran 1 9/14/2017 9130:49 AM (PVP) I Page 3 of 9 REVIEWED BY: _ _ _ ` EUNICE HEREDIA (PG,f>OF j) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A, Broad Form Named Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph AA, Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any "employee" of, yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1, Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION 11 — COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV — BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or PPA 300 03 13 "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con- dition In the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. 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 by your "employee" under a contract in that individual "employee's° name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, Exclusion B.S. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; Page 2 of 5 36690201 12/1T-19 GG/AUT0/G3C6SE/WC/PL I (AVC) BatbY Tmart 1 7/1A/2017 9,10;10 AM (POT) I Page 4 of 5 [REVIEWED BY: EUNlCE kIE-REDIA (PG Ct6r5 ) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA WC 04 08 06 (Ed. 4-84) 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 that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Santa Ana, its officers and employees Jobs performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the pollcy to which It Is attached end is effective on the date Issued unless otherwise stated, (The Information below is required only when this endorsement Is Issued subsequent to preparation of the poll eyj Endorsement Effective 2/11/2017 Insured D, Woolley & Assoclates, Inc.; Harbinger Analytics Group Policy No.PSW0001324 Insurance Company RLI Insurance Company Countersigned By Endcrsement No. 01998 by tho Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 36690201 1 2/17-1e cL/AUM/nxcSss/WC/PL I (AVC) Betty Tran 1 9/14/2019 9,3o:4e AM (PDT) I edge S of s REVIEWED BY---- EUNICE HEREDIA (P(6 0F ) ACORO0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) F2/14/2018 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. 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). IOA Insurance Services 130 Vantis, Suite 250 Aliso Viejo, CA 92656 CONTPRODUCER NAME: BettyTran A/CNto Ext: 949 297-5962 NC No: 949-297-5960 E-MAIL ADDRESS: betty.tran@ioausa.com INSURERS AFFORDING COVERAGE NAIC # PSB0001377 INSURER A: RLI Insurance Company 13056 www.ioausa.com CA License #OE67768 INSURED D. Woolley & Associates, Inc.; Harbinger Analytics Group INSURER B: INSURER C: INSURER D: 2832 Walnut Avenue, Suite A Tustin CA 92780 INSURER E: INSURER F: DAMAGETo PREMISES Ea occurreRENTEDnce $1,000,000 COVERAGES CERTIFICATE NUMBER: 40354562 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL S 6 POLICY NUMBER POLICY EFF MM/DD/YY Y LIMITS A / COMMERCIALGENERALLIABILITY �/ �/ PSB0001377 2/11/2018 2/11/2019 EACH OCCURRENCE $200 000 CLAIMS -MADE I✓ OCCUR ✓ Prim/NonCon Scheduled Al Endt #PPB3130212 Professional Services DAMAGETo PREMISES Ea occurreRENTEDnce $1,000,000 MED EXP (Any one person) $10,000 ✓ Wvr of Subr PERSONAL & ADV INJURY $2,000,000 performed by the Insured GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 are Excluded POLICY PRO- JECT F�] LOC PRODUCTS - COMP/OP AGG $4,000,000 $ OTHER: A AUTOMOBILE ✓ ✓ LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS ONLY ✓ AUTOS ONLDY ✓ ✓ PSA0001203 Designated Insured Endt #CA20481013; Prim/NonCon and Bikt Wvr of Subr included on pg 2 of Form 2/11/2018 2/11/2019 EO accident) .$1,000,000$1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PeOr. acEcidenDAMAGE $ $ ✓ Prim/NonCon ✓ Wvr of Subr #PPA3000313 A UMBRELLA LIAB✓ OCCUR PSE0001266 2/11/2018 2/11/2019 EACH OCCURRENCE $4000,000 ✓ EXCESS LIAR CLAIMS -MADE Excludes Professional Liability AGGREGATE $4,000,000 I DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFF CER/MEMBEREXCLUDED? ECUANYPROPRIETOR/PARTNERITIVE N / A ,� PSW0001324 Waiver of Subrogation Endt #WC0403060484 2/11/2018 2/11/2019�/ ST TUTE ETH E.L. EACH ACCIDENT $1,000.000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $1,000,000 A Professional Liability RDP0031627 2/11/2018 2/11/2019 $1,000,000 Each Claim Claims -Made $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Certificate Holder is an Additional Insured with respect to General Liability (GL) and Automobile Liability but only when required by written contract with the Insured prior to an occurrence as per Endorsements noted above. GL includes Separation of Insureds and Contractual Liability per limitations in the BusinessOwners' Coverage form. A Workers' Compensation Waiver of Subrogation as noted above is included for the person or organization named in the Schedule that are parties to a contract requiring this Endorsement, provided that contract is executed before the loss. Coverage subject to all policy terms, conditions, limitations and exclusions. 30 Day Notice of Cancellation/10 Days for Non -Payment in accqydance with policy provisions. REVIEWED BY: EUNICE HEREDIA (PG I OF ) [ya:4112Loy G\I=0:C9LR9aC1 City of Santa Ana its officers and employees 20 Civic Center Plaza (M-30) PO Box 1988 Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (AVC) Alicia K. Igram @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 40354562 1 2/18-19 GL/AUTO/EXCESS/WC/PL I Cassie Ray 1 2/14/2018 12:31:27 PM (PST) I Page 1 of 5 Policy Number: PSB0001377 RLI Insurance Company Named Insured: D. Woolley & Associates, Inc.; Harbinger Analytics Group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPacke FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM — SECTION II — LIABILITY Schedule Name of Person(s) or Organization(s): City of Santa Ana, its officers and employees 1, SECTION II C. Who Is An Insured is amended to Include as an additional insured the person or organization shown in the schedule above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused In whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional Insured by this endorsement Is limited as follows: a. This insurance does not apply to the rendering of or failure to render any "professional servlces". b. This endorsement does not increase any of the limits of insurance stated In D. Liability And Medical Expenses Limits of Insurance. 3. The following Is added to SECTION III H.2. Other Insurance COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurances primary to other Insurance that is available to such additional insured which covers such additional insured as a named Insured, and we will not share with that other Insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury for which coverage Is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following Is added to SECTION III K.2 Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO SECTION I — PROPERTY AND SECTION 11 w- LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered Into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 313 02 12 1 Page 1 of 1 40354562 1 2/18-19 GL/AUTO/EXCESS/WC/PL I Cassie Ray 1 2/14/2018 12:31:27 PM (PST) I Pa REVIEWED BY: EUNICE,HEREDIA (Pqi OF ) _ POLICY NUMBER: PSA0001203 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: D. Woolley & Associates, Inc.; Harbinger Analytics Group Endorsement Effective Date: 2/11/2018 SCHEDULE Name Of Person(s) Or Organization(s): City of Santa Ana, its officers and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. REVIEWED BY: EUNICE HEREDIA (PGb OF�j ) CA 20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 40354562 1 2/18-19 GL/AUTO/EXCESS/WC/PL I Cassie Ray 1 2/14/2018 12:31:27 PM (PST( I Page 3 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.I. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV — BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. 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 by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and We waive any right of recovery we may have against 2. Any: any person or organization to the extent required of a. Overdue lease/loan payments at the time of you by a contract executed prior to any "accident" or the "loss"; PPA 300 03 13 REVIEWED BY: EUNICE HEREDIA (PG C6F 5) , Page 2 of 5 40354562 12/18-19 GL/AUTO/EXCESS/WC/PL I Cassie Ray 1 2/19/2018 12:31:27 PM (PST) I Page 4 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA WC 04 03 06 (Ed. 4-84) 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 that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Santa Ana, its officers and employees Schedule Job Description Jobs performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 2/11 /2018 Insured D. Woolley & Associates, Inc.; Harbinger Analytics Group Policy No. PSW0001324 Insurance Company RLI Insurance Company Countersigned By Endorsement No. ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. REVIEWED BY: EUNICE HEREDIA (PG570F5 ) t 90354502 12/18-19 GL/AUTO/EXCESS/WC/PL I Cassie Ray 12/19/2018 12:31:27 PM (PST) I Page 5 of 5