Loading...
HomeMy WebLinkAbout13 - CC-13 - Amendment No.1 to Professional Agreement - 6/20/2017CITY COUNCIL AGENDA REPORT MEETING DATE: JUNE 20, 2017 ITEM NUMBER: CC -13 SUBJECT: AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH W. G. ZIMMERMAN ENGINEERING, INC. DATE: JUNE 13, 2017 FROM: PUBLIC SERVICES DEPARTMENT, TRANSPORTATION SERVICES DIVISION PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR, (714) 754-5343 RECOMMENDATIONS: 1) Approve Amendment No. 1 (Attachment 1) for the Professional Services Agreement with W. G. Zimmerman Engineering, Inc., 17011 Beach Boulevard, Suite 1240, Huntington Beach, CA 92647, increasing the consultant fee by an amount of $75,000 to $124,470. 2) Authorize the City Manager to execute the Amendment. BACKGROUND: Several key positions in the Transportation Services Division have been vacant over the past few months. In order to fill the staffing needs while the recruitment process was underway, the City solicited services from traffic engineering firms. In January 2017, the Transportation Services Division solicited proposals for traffic engineering services in order to assist with the significant backlog of projects and staffing issues. The tasks requested in the scope of work included staff support at City Hall, project management services, and traffic engineering services. The proposal submitted by W. G. Zimmerman Engineering matched the City's requirements closely, and was selected to provide the required services. In addition, the cost of providing the services was lowest among the applications received. In February 2017, the City entered into a Professional Services Agreement contract with W. G. Zimmerman Engineering (Attachment 2) for an amount of $49,470. ANALYSIS: W. G. Zimmerman's staff worked well with City staff and assisted in day-to-day operations as well as management of several grant projects. The City received approximately 500 hours of consulting services over the past five (5) months from W. G. Zimmerman Engineering with their current agreement supplementing staff resources. The amount budgeted in the Professional Services Agreement is fully expended at this time. Staff requests approval of the attached Amendment No. 1 to the Professional Services Agreement, increasing compensation by a not -to -exceed amount of $75,000. While there have been a recent recruitment of an Assistant Engineer and an Associate Engineer in the Transportation Services Division, there is still a need for additional staff support to address the current volume of work, as recruitment for a vacant Transportation Services Manager and Senior Engineer positions are still underway. The extension of services until the end of the year will provide for smoother transition of newly recruited engineers into their responsibilities. ALTERNATIVES CONSIDERED: One alternative would be to perform the work in-house. However, the volume of work associated with a large number of projects currently being processed exceeds staff's resources and time. A second alternative would be to re -advertise the professional services contract. However, staff does not anticipate that this will result in a lower fee. FISCAL REVIEW: Funding is available in the consulting services budget approved for the Transportation Services Division. LEGAL REVIEW: The attached Amendment No. 1 to the Professional Services Agreement was prepared by the City Attorney's office. CONCLUSION: The City originally entered into a professional services agreement for traffic engineering services with W. G. Zimmerman Engineering, Inc. for an amount of $49,470. Staff requests approval of an amendment to the agreement increasing the amount for contract services by $75,000 to $124,470. RAJA SETHURAMAN Public Services Director ATTACHMENTS: 1 — Amendment No. 1 to Professional Services Agreement 2— Professional Services Agreement DISTRIBUTION: City Manager Assistant City Manager City Attorney Acting Finance Director City Clerk Staff File F ATTACHMENT 1 AMENDMENT NUMBER ONE TO PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING, INC. This Amendment Number One ("Amendment") is made and entered into this 20th day of June, 2017 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and W.G. ZIMMERMAN ENGINEERING, INC., a California corporation ("Consultant"). WHEREAS, City and Consultant entered into an agreement on January 13, 2017 for Consultant to provide on-site staff support services (the "Agreement"); and WHEREAS, City requires more staff support services than initially contemplated, and desires to increase Consultant's maximum compensation accordingly to One Hundred Twenty - Four Thousand Four Hundred Seventy Dollars ($124,470.00). NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 2.1 of the Agreement shall be amended to reflect that Consultant's total compensation shall not exceed One Hundred Twenty -Four Thousand Four Hundred Seventy Dollars ($124,470.00). Consultant shall be paid according to the fee schedule set forth in the Agreement. 2. All terms not defined herein shall have the same meaning and use as set forth in the Agreement. 3. All other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above. CITY OF COSTA MESA Date: City Manager CONSULTANT Date: Signature Name and Title W.G. Zimmerman Engineering Inc. Amendment Number One Rev. 11-16 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED AS TO INSURANCE: Risk Management APPROVED AS TO CONTENT: Project Manager DEPARTMENTAL APPROVAL 4 Public Services Director APPROVED AS TO PURCHASING: Interim Finance Director 2 Date: Date: Date: 6 —12 —1 �7 Date: 16— Date: Date: W.G. Zimmerman Engineering Inc. Amendment Number One Rev. 11-16 11 ATTACHMENT 2 CITY OF COSTA MESA . PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING, INC. THIS AGREEMENT is made and entered into this 13th day of January, 2017 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and W.G. ZIMMERMAN ENGINEERING, INC., a California corporation ("Consultant"). WITNESSETH A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide on-site staff support services, as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Consultant's Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Performance to Satisfaction of Cid. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the W.G. ZIMMERMAN ENGINEERING, INC. Rev. 01-2016 matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.5. Non -Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation; except as permitted pursuant to Section 12940 of the Government Code. 1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and .employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Consultant's Billing Rate Schedule, attached hereto as Exhibit "B" and incorporated herein by this reference. Consultant's total compensation shall not exceed Forty -Nine Thousand Dollars Four Hundred Seventy Dollars ($49,470.00). 2 W.G. ZIMMERMAN ENGINEERING, INC. Rev. 01-2016 0 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests -and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three years after termination of this Agreement. 3.0. TIME OF PERFORMANCE 3.1: Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Deia s. Neither party shall be responsible for delays or lack of. performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of twelve (12) months, ending on January 12, 2018, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be renewed by two (2) additional one (1) year periods upon mutual written agreement of both parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for 3 W.G. ZIMMERMAN ENGINEERING, INC. Rev. 01-2016 reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete -and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City: (a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000;000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a 4 W.G. ZIMMERMAN ENGINEERING, INC. Rev. 01-2016 CC6) "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance shall be attached hereto as Exhibit "C" and incorporated herein by this reference. 5.5. Non -Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 61 Rev. 01-2016 W.G. ZIMMERMAN ENGINEERING, INC. 0 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The ,City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; and b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: W.G. Zimmerman Engineering, Inc. City of Costa Mesa 17011 Beach Boulevard, Suite 1240 77 Fair Drive Huntington Beach, CA 92647 Costa Mesa, CA 92626 Tel: (714) 799-1700 Tel: (714) 754-5000 Attn: Bill Zimmerman Attn: Public Services Dept. Courtesy copy to: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attn: Finance Department 6.5. Drug -Free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "D" and incorporated' herein by reference. Consultant's failure to conform to the requirements 6 W.G. ZIMMERMAN ENGINEERING, INC. Rev. 01-2016 p set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorne s' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies Hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governirsq Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest -in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, andlor whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable forthe defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect. 6,30. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner. agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and 7 W.G. ZIMMERMAN ENGINEERING, INC. Rev. 01-2016 ; all payment of Income Tax, Social Security, State Disability insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless, from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System {PERS} to be eligible for enrollment in PERS as an employee of the City., Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownershipof Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shah be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, 8 W.G. ZIMMERMAN ENGINEERING, INC. Rev. 01-2016 a computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.)- Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event.that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect: 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. No Third Party Beneficia Ri hts. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are riot intended to modify, explain or to be a full or 9 W.G. ZIMMERMAN ENGINEERING, INC. Rev. 01-2016 ()3 accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.22, Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.23. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.24, Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.25. Severabilit . If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value . of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6,26. Counter arts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.27. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. [Signatures appear on following page.] 10 W.G. ZIMMERMAN ENGINEERING, INC. Rev. 01-2016 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF COSTA MESA %Omni, CONSULTANT Signature Name and Title Date: 7 Date: qe-Q tc.e� Social Security or Taxpayer ID Number ATTEST: }° N o a y Date: City Clerk �-2(0 -('1 APPROVOR Date: City At' Xeyy APPROVED AS TO INSURANCE: 11 Rev. 01-2016 Date: ///4//7 W.G. ZIMMERMAN ENGINEERING, INC. APPROVED AS TO CONTENT: �l �+•�� Date: Project M Hager DEPARTMENTAL APPROVAL ISI ajrl'7 Date: Public S rvices Director APPROVED AS TO PURCHASING: Date: 1.101- I rim finance Director 12 W.G. ZIMMERMAN ENGINEERING, INC. Rev. 01-2016 { EXHIBIT A CONSULTANT'S PROPOSAL V� CITY OF COSTA MESA STATEMENT OF QUALIFICATIONS To PROVIDE ON-SITE STAFF SUPPORT SERVICES Submitted to: City of Costa Mesa Submitted by: W.G. Zimmerman Engineering, Inc. January 5, 2017 wl ^'e,{.u. - _.�•_ -n :n..... _ _ -.. t: ..:.:.,.:e�je i..__'10 •; ti,,••:.••k �.+i-:•`u__u+�� Kir ;S;c: ;;. _z; - _ --t27 - f,•�_. �. •r � -y�y- G. ..s:` - "�"c'- - ---- _= lr�i�..•. - � - - �:.'Ti A +. City of Costa Mesa Statement of Qualifications — On -Site Staff Support Services Mr. Raja Sethuraman, P.E. Interim Public Services Director City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 RE: Statement of Qualifications to On -Site Staff Support Services for the City of Costa Mesa Dear Mr. Sethuraman: W.G. Zimmerman Engineering Inc., a certified Small Business Enterprise (SBE) by the State of California, Is a full service Transportation/Traffic/Civil Engineering firm, recognized by Local, State, and Federal Agencies for providing quality professional project management and englneering services. We are very excited about the oppartunity to provide the City of Costa Mesa Professional Services. We have served agencies in the same capacity and still continue to provide these servieesto vari ❑us agencies. As a focused and solely public-agehcy-serving clvll•and transportation engineering firm established In 1995, our company's mission is "To provide traffic, civil, and transportation traffic engineering services as well as project management and staff augmentation services to assist public agencies achieve their goofs". We are uniquely qualified to provide Professional Services for the City of Costa Mesa since we have real and relevant experience directly applicable to these'servlces. Our experience includes the cities of: Norwalk, Signal Hill, Seal Beach, Stanton, Westminster, Mission Viejo, and Norco as well as serving Orange County Transportation Authority and Western Riverside Council of Governments. Our diversified Agency project experience Includes municipal projects such as corporate yard enhancements to bridge rehabilitation projects. These projects have been through either our "On -Call" services or project specific Agency requests. The Agencies served for these projects include the cities of; Carson, Long Beach, Signal Hill, Santa Monica, Downey, Norwalk, Pasadena, Camarillo, Cypress, Seal Beach, Westminster, Stanton, Brea, Fullerton, Yorba Linda, Garden Grove, Orange, Santa Ana, Fountain Valley, Huntington Beach, Newport Beach, Irvine, Mission Viejo, San Diego, Lake. Elsinore, and Norco. Please address all correspondence concerning this statement of qualifications and items. requiring contractual authority and negotiations to my attention at the following address: Bill Zimmerman, PE, TE, PTOE, President/ CEO W.G. Zimmerman Engineering, Inc. 17011 Beach Boulevard, Sulte 1240 Huntington Beach, CA 92647 Phone; 714-799-1700 x 100 / Cell; 714-412-1597 E-mail: wrtzimmerman@wM-Com If you have any questions, please do not hesitate to contact me at 714-799-1700 ext, 100. Respectfully Submitted, W.G. Zimmerman Engineering, Inc., 13III2immerrnan. TE, PTOE President 0 City of Costa Mesa Statement of Qualifications— On -Site Staff Support Services Table of Contents SECTION1.0 — FIRM BACKGROUND.........................................................................................1 1.1 Staff Experience......................................................................................................................................1 1.2 History and Structure.............................................................................................................................. 2 1.3 Project Team........................................................................................................................................... 2 1.4 Range of Services..............................................................................................1.........I.. ...............1.... 2 1.5 Project Commitment.............................................................................................................................. 3 1.6 Financial Condition..................................................................................................................................3 SECTION2.0 --FIRM'S EXPERIENCE..........................................................................................4 2.1 Similar Projects.......................................................................................................................................4 2.2 References..............................................................................................................................................9 SECTION3.0 — STAFF'S EXPERIENCE...................................................................................... 10 3.1 Key Personnel........................................................................................................................................10 3.2 Organizational Chart............................................................................................................................15 .mea,.. _..b.,m,� - -- - •��•:.�....y.r.= - City of Costa Mesa Request for Qualifications - Annual On -Call Consultant Services SECTION 1.0—FIRM BACKGROUND As a Certified Small Business Enterprise (SBE) Traffic / Transportation / Clvil Engineering firm, W.G. Zimmerman Engineering has provided Professional Traffic, Transportation Engineering, and Project Management services to agencies in Southern California, Including the cities of: Allso Viejo, Brea, Camarillo, Carson, Chino, Costa Mesa, Cypress, Downey, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Lake Forest, Long Beach, Mission Viejo, Newport Beach, Norco, Norwalk, Orange, Pasadena, Santa Ana, Santa Monica, San Diego, Signal Hilt, Stanton, Westminster, Yorba Linda, as well as the Orange County Transportation Authority, Western Riverside Council of Governments, LACMTA, and County of Orange. Our experience with these agencies is well-rounded and Includes short and long project development timelines as well as immediate emergency responses to critical issues. W.G, Zimmerman Engineering, Inc., was established in 1995 and has been a solely agency -serving firm since Its inception 21 years ago. The firm is certified as a Small Business Enterprise by the State of California, OCTA, LAC METRO, and the Port of Long Beach. Our traffic engineering experience includes: * 'Fiber Optic Communication Plans • Traffic Signal Plans • Traffic Signal Timing Plans Engineering and Traffic Surveys • Neighborhood Traffic Management Plans • Citizen Complaint Investigations a Traffic Signal/Stop Sign Warrant Analysis • Traffic Management Programs • Traffic Calming Devices Traffic Control Plans • Construction Management • Traffic Signal Systems • Signal Communication Systems • Signal Synchronization ■ Street Lighting • Signing and Striping • Traffic impact Reports/Reviews • Utility Coordination • CALTRANS Coordination • Funding Obligations and Support • Traffic Plan Checking Services • Grade Separation Traffic Studies 1.1 Staff Experience Mr. Bill Zimmerman will serve as the Project Manager/Lead Traffic Engineer for City of Costa Mesa's On - Site Support Services. He has over 30 years of traffic and civil engineering experience. He is a California Registered Civil and Traffic Engineer. His experience includes working with various agencies for regional traffic signal coordination, traffic signal design, fiber optic communication design, traffic signal management systems, traffic control plan development, signing and striping plans, and funding management Supporting Mr. Zimmerman will be Amy Tran,. EIT, as On -Site Staff Support and other WGZE staff as needed. Ms. Tran has provided on-site traffic engineering support services to OCTA through the Regional Modeling Traffic.Operatlons Support Services contracts since 2011 and to the City of Carson as On-site Engineering Support. Ms. Tran Is well -versed in OCTA Project P closeout procedures.. She also has experience with fulfilling Caltrans requirements to obtain Notice to Proceed jE-75J through the Request for Authorization process for both Preliminary Engineering and Construction phases. City of Costa Mesa Statement of Qualifications — On -Site Staff Support Services 1.2 History and Structure The Company commenced operations in 1995 and was formalized as an "S" Corporation In 1999 in the State of California. Our Corporate office Is located in the City of Huntington Beach. The firm currently has 11 staff members. Our contact Information is provided below: Corporate Offices: W.G. Zimmerman Engineering, Inc. Firm President / CEO: Bill Zimmerman, P.E., PTOE 17011 Beach Boulevard, Suite 1240 Phone: 714.799.1700 ext. 100 Huntington Beach, CA 92647 Email: zv zimmerman ,,m e earn Fax: 714.333.4712 Website: Rvjw.wAe.ccrn 1.3 Project Team Key W.G. Zimmerman Engineering staff members assigned to the City of Costa Mesa are provided below: Bill Zimmerman, P.E., T.E., PTOE — Project Manager/Lead Traffic Engineer Amy Tran, EIT — On -Site Traffic Engineering Support Antonio Magana —Traffic Engineering Support Chris Cordero, PE—QA1CLC Manager/Construction Management Support Kamal Bhayal —Traffic Engineering Support Michael Brust— Construction Management Support Seyl Ojuri —Traffic Engineering Support 1.4 Range of Services W.G. Zimmerman Engineering, Inc. offers the following services: Traffic Engineerin • Contract Traffic Engineer • Traffic Impact Studies • Traffic -Studies • Traffic Signal 'riming • Corridor Signal Coordination o Traffic Signal/System Design • PSR/PR/Alignment Studies • Signing, Strlping and Traffic Control • Interagency Coordination • Funding Obligation/Management + Construction Manaeement Inteiii entTrans ortatlon S stems + Traffic Signal Systems Management • Master System Interface Design • F/0 Communication Design • TP Communication Design • Field Controller Design • CCTV / VIDS Design • TMC Design • ITS Feasibility Design + Consultant Management_ Trans ortatiarr 1'lannfn Engineerh�g o Feasibility Studies • Transportation Planning • Concept Alignments* • Street Planning • Circulation Elements • Intersection Widening • Roadway Widening • Freeway. Ramp Design Grade Separations (roadway) • Plans, Specifications, and Estimates • Construction Management qty1 Munic}pal En1'Ineering • Agency Coordination • Water and Waste Water Systems • Parking Lot Design • Development Plan Reviews • Drainage Systems • Hydrology Analysis • Storm water Pollution / Infiltration System Design • Project Management • Construction Management M. �.. _ .-�_-... _._-.-7r�}� - - - - �.� �°tea.--����k5'�'�i;•",�-`'"..�;si �:::_�::,-;-�,.�"-� "'�"�:k' : ��S� .�.xNa'+4a=4: ;�r�:ti..r_:1 City of Costa Mesa Statement of Qualifications — On -Site Staff Support Services 1.5 Project Commitment As a small business and agency -serving company, we are able to quickly mobilize our staff and team to assist the City of Costa Mesa on any high priority project to meet the City's needs or compressed schedules. In addition, our staff experience Is very diverse and experienced In public traffic and transportation -related projects. our traffic engineering knowledge includes traffic signal operations and Implementation, signal communication design and review, traffic studies, and .development coordination. We are dedicated to the City of Costa Mesa and enjoy solving engineering problems. 1.6 Financia! Condition W.G. Zimmerman Engineering, Inc. is a financially stable firm. We have continually enjoyed good growth opportunities since the company's inception and predict strong revenues for the current fiscal year (FY 16/17) and the upcoming FY 17/3.8. our financial stability Is credited to the firm's implementation of a strong business pian in conjunction with an effective project management program as well as a record of providing quality services to our clients. The firm does not have any impending litigation and / or planned bankruptcy. City of Costa Mesa Statement of Qualifications — On -Site Staff Support Services SECTION 2.0 — FIRM'S EXPERIENCE 2.1 Similar Projects W.G. Zimmerman Engineering, Inc. has previously provided similar traffic project management and traffic engineering services to Southern California agencies. These agencies include: the Orange County Transportation Authority, cities of Signal Hill, Norwalk, Long Beach, Seal Beach, Fountain Valley, Mission Viejo; Burbank, and the County of Los Angeles. We have selected slmllar projects to demonstrate our experience and expertise. Project: Interim City Engineer Client: City of Norwalk Address: 12700 Norwalk Boulevard Address: Norwalk, CA 90650 Contact: Kurt Andersen, Community Development Director Telephone: (562) 929-5744 Project Budget: Open Project Timeline: 2014 -present Key Staff Members: Bill Zimmerman — Interim City Engineer Support Staff: Chris Cordero, Kamal Bhayal, Amy Tran, Michael Brust, and Seyl Ojurl Subconsultants: As -Needed Served as City Engineer (on-site), performing general engineering duties including City Staff management, City Council Agenda Presentation, Managing CFP, responding to residents and businesses, funding coordination, representing City at interagency meeting, responsible project construction, and public workshops. Project: Consultant Services to Support Regional Modeling Traffic Operation Project Client: Orange County Transportation Authority Address: 600 South Main Street, Second Floor Orange, CA 92868 Contact: Anup Kulkarni, Section Manager Telephone: (714) 560-5867 Contact: Ron Keith, Project Manager III Telephone: (714) 560-5990 Project Budget: $249,000 Completion Date: April 2017 Key Staff Members: Bill Zimmerman and Amy Tran Subconsultants: Shirley Land, Land CM Corp. W.G. Zimmerman Engineering, Inc. provided traffic engineering support for the Consultant Services to Support Regional Modeling Traffic Operations Project. The project included: on-slte staffing, development of a document control system, project file reorganization for hardcopies .and electronic files, Traffic Operations contract and invoice management, On -Call Consultant services RFP, management support of OCTA -led TSSP corridors, coordination with CAMM for the procurement of Agency Cooperative Agreements and Contract Task Orders, support services for Measure M Application reviews, update project status for current OCTA -led TSSP projects for Semi -Annual Review Reports, Measure M2 funded RTSSP reimbursement forms, Measure M2 Match reporting, Traffic Forum meeting 4 City of Costa Mesa Statement of'Qualifications — On -Site Staff Support Services support, agency coordination, SYNCHRO corridor reviews, assist other OCTA staff to gather RTSSP information for reporting needs, 2011-16 Call for Projects support, and presentations as required. Project: On -Call Traffic Engineering Services Client: City of Downey Address: 11111 Brookshire Avenue Address: Downey, CA 90241-7016 Contact: Edwin Norris, Deputy PubllcWorks Director Telephone: (562) 904-7109 Project Budget: Task Order Completion Date: As Required Key Staff Members: Bill Zimmerman, Chris Cordero, Amy Tran, Kamal Bhayal, Seyi Ojuri, Completion Date: Michael Brust Subconsultants: None W.G. Zimmerman Engineering has performed projects for the city of Downey under this On -Call contracts, these projects include: traffic signal design, HAWK Signal design, scramble crosswalk analysis, lighting design and analysis, Federal and State 'grant funding applications, community meetings, and small emergency projects. Project: Marquardt and Rosecrans Grade Separation, Traffic Study, Traffic Signal Design, and Area -wide Traffic Management Plan Client: LACMTA (METRO)/Biggs - Cardosa & Associates Address: 500 S. Main Street, Suite 400 Orange, CA 92868 Contact: Eric Pheifer, P.E. Telephone: (714) 352-8312 Email Contact: epheifer@biggscardosa.com Project Budget: $250,000 Completion Date: February 2017 Key Staff Members: Bill Zimmerman, Kamal Bhayal, Amy Tran, Seyi Ojuri, Antonio Magana, Chris Cordero Subconsultants: None W.G. Zimmerman Engineering was a part of the Team to design the Grade Separation at Marquardt and Rosecrans In the City of Santa Fe Springs. The project was administered through LACMTA (METRO). METRO proposed to install the Grade Separation at this Intersection In support of Further High Speed Rail and also provide safety enhancements. W.G. Zimmerman Engineering was responsible for Traffic Engineering in support of the project. The project evaluated 23 intersections for Impact, during and after construction to determine mitigation measures. These measures Included striping enhancements, signal timing, and Installation of two traffic signals. In addition, a corridor and area -wide SYNCHRO analysis was conducted to determine optimal signal timing for the affected streets during and after construction. A Traffic Management Plan was prepared for four- different alternatives Including construction phasing, pedestrian safety, and Impacts to local businesses. The project required close coordination with the cities of Santa Fe Springs and La Mirada, METRO, and BNSF. 61 0-a EXHIBIT B CONSULTANT'S BILLING RATE SCHEDULE me W. G. ZIMMERMAN ENGINEERING, INC. Billing Rate Schedule 2016 Classification Principal Registered Traffic Engineer Senior Project Manager (Registered) Project Manager (Registered) Senior Project Engineer (Registered) Project Engineer Senior Associate Engineer Associate Engineer CADD Manager/Senior Designer Microstation CADD/Technician AutoCADD/Technician Administration/Office Support Non -Labor Expenses Mileage (local) Printing Reproduction (Blue lines) Other Expenses (such as sub -consultants, outside services or special equipment needs) Rate $ 215.00/Hr $ 215.00/Hr $ 210.00/Hr $ 190.00/11r $ 180.00/Hr $ 145.00/Hr $ 125.00/Hr $ 115.004r $ 102.00/Hr $ 110.00/Hr $ 95.004r $ 75.00/Hr Federal Rate¢ per Mile Cost plus 5% Cost plus 5% Cost plus 5% EXHIBIT C CERTIFICATES OF INSURANCE M, ) ACE]RbP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/20/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT, AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If tlme 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 Ileu of such endorseman s . PRODUCER coNTACr NAME: Dann r�Lapez-- - Dealey, Renton & Associates DRA Uoense 0020739 P. O. Box 10550 PHONEI'A}[ FzP. 714-427-3464 11. IL . dlopez@insdra,00m INSURERf8) AFFORDING COVERAGE NAIC IF Santa Ana CA 92711-0550 INSu A;Travelers Property Casualty Co of _ 25674 10/1612017 _ INSURED WGZIMENGI wsm ItRa.Argonaut Insurance Company 19801 W G Zimmerman En ineering, Inc. INSURER C: INSURER D: 17011 Beach Blvd., Ste. 1240 Huntington Beach CA 92647 OEN'LAGGRfGATELIMIT �APPLIES PER: POLICY JEC7 EJ LOC OTHER:$ GENERAL AGGREGATE $2,D00,000 INSURER E! INSURER F: A COVFRAGES CFRTIFICATF NIIMRF.R! 416658816 REVIRION 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. INSR_taL 'IYPEOPINSURANCE 'DTI s 3E1911 POUCYNUMBER 3�OLECYEF� MM1L'11 Y POLICY E]{P "O.I.I HYYV LIMITS A X X COMMERCIAL GENERAL LIABILITY CLAIMS -ME Fx_1 OCCUR Qonlynaufll 1,19b Y Y 68071-1190372 10/1612016 10/1612017 EACH OCCURRENCE $1,000,000 $1 000000 MED EXP one arson $10000 X XCLlIncluded PERSONAL& ADV INJURY $1000000 OEN'LAGGRfGATELIMIT �APPLIES PER: POLICY JEC7 EJ LOC OTHER:$ GENERAL AGGREGATE $2,D00,000 PRODUCTS -COMPIOPAGG $2,000000 A AUTOMOBILE X XI I LIABILITY 'ANY AUTO AI -[- rrED RED HIREDAUTCS X �ED Y BA5420L431 10/15/2018 10/16/2017 Co En CI E I $1000.000 BODILY INJURY (Paz Pelson) $ BODILY INJURY (Par accldent) $ Pr3rnc en! $ $ A X UMBRELLALIAB X OCCUR EXCESS LIAB T CLAIMS -MADE 1 CUP7372Y622 1 10116/2018 10/16/2017 EACH OCCURRENCE $1.000.000 AGGREGATE $1,000,000 DEP I X RET£N110N 0 $ A WORKERS COMPENSATION AND EMPLOYERS' IJABILnY ANY PROPRIETORIPARTNERIEXECUTIVE —1 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) doAbeunda Ifyyaae ac DESG�RIVTIONOFOPERATIONSbelow NIA Y U95623Y284 3/112DIS 3/1/2017 X PER bTH- E.L. EACH ACCIDENT b1,000,000 E.L. DISEASE - EA EMPLOYE $1,000,000 E.L.DISEASE.POUCYLJMIT $1,000,000 B I professional Liability Claims Made LAE1053207 6/2612016 6/28/2017 $2,000,000 PerClalrn $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 8 more space Is required) *General Liability policy excludes claims arising out of the performance of professional services.* **Umbrella policy is a follow -form to underlying General Liability/Auto Liability/MRlployers Liability.** Re: All Operations L:t-_KII -II;AI t MULULK t A11VorLLAI IUIY JV I-+Vr M^11 I V VU.j' iVl 1XU1 FVY VI FIWIII City Of Costa Mesa 77 Falr Di Ivo Costa Mesa CA 92626 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD I POLICY NUMBER:6807H190372 COMMERICAL GENERAL LIABILITY ISSUE DATE:12/20/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Costa Mesa 77 Fair Drive Costa Mesa CA 92626 PROJECT/LOCATION OF COVERED OPERATIONS: *General Liability policy excludes claims arising out of the performance of professional services.* **Umbrella policy is a follow -form to underlying General Liability/Auto Liability/Employers Liability.** PROVISIONS A. The following Is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for bod- Ily Injury", 'property damage' or 'personal injury .caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing oper- ations; b. In connection with premises owned by or rented to you; or C. In connection with your work and included within the "products -completed operations hazard." Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that person or organization has assumed liability In a contract or agreement. The Insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional Insured shall be the limits which you agreed in that 'contract or agreement requir- Ing insurance" to provide for that additional Insured, or the limits shown In the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following Is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, If you specifically agree In a contract or agreement requiring insurance that, for the addi- tional Insured shown It the Schedule, the Insur- ance provided to that additional insured under this CG D3 82 09 07 Page t 2067 ThD Travelers Companies, Inc. Includes the copyrighted malerfal•of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this Insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that; (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage Is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional Insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured Is also an additional insured under any other insurance. C. The following is added to Paragraph 8, Transfer Of Rights Of Recovery Against Others To- Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown In the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arlsing out of "your work" on or for the project, or at the location, shown In the Schedule above, performed by you, or on your behalf, under a 'contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring Insurance' with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense Is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed; a, After you have entered into that contract or agreement; b. While that part of the contract or agreement Is In effect; and c. Before the end of the policy period. CG D3 82 09 07 Page 2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with Its permission POLICY #: BA5429L431 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement Identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured ProVl- sion of the Coverage Form. This endorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 10/15/203-6 Countersigned By: Named Insured: W G Zimmerman Engineering, Inc. (Authorized Representative SCHEDULE Name of Person(s) or Organization(s): city of Costa Mesa 77 Fair Drive Costa Mesa CA 92626 (If no entry appears above, information required to complete this endorsement will be shown in the Declaratlons as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained In Section II of the Coverage Form, CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 w 1 ) .. .. .. . . _.. . TRAVELER.5 J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) — 001 POLICY NUMBER: UB5623Y264 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Costa Mesa 77 Fair Drive Costa Mesa CA 92626 DATE OF ISSUE: 12/20/2016 017106 Job Description *General Liability policy excludes claims arising out of the performance of professional services.* **Umbrella policy is a follow -form to underlying General Liability/Auto Liability/Employers Liability.** Re: All Operations ST ASSIGN: CA EXHIBIT D CITY COUNCIL POLICY 100-5 SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3 ROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City- wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. E It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa's commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub -grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; B. Establishing a Drug -Free Awareness Program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; MIA D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; E. Notifying the City. of Costa Mesa within ten (1.0) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; G. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub -grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub -grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub -grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided by law.