HomeMy Public PortalAbout2020-04-21 Professional Services Agreement - C & S EngineersCITY OF FULLERTON
PROFESSIONAL SERVICES AGREEMENT
WITH
C&S ENGINEERS, INC.
THIS AGREEMENT is made and entered into this 211 day of April 2020 ("Effective
Date"), by and between the CITY OF FULLERTON, a California municipal corporation ("City"),
and C&S Engineers, Inc., a New York State Corporation ("Consultant").
WITNESSETH:
A. City proposes to utilize the services of Consultant as an independent contractor
to provide professional Architectural and Engineering services , as more fully described herein.
B. 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.
C. City and Consultant desire to contract for the specific services described herein,
and desire to set forth their rights, duties and liabilities in connection with the services to be
performed.
D. 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 City's Request for Qualifications ("RFQ"), attached hereto as Exhibit "A," and Consultant's
Response to City's RFP ("Consultant's Proposal"), attached hereto as Exhibit "B," both
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 City. Consultant agrees to perform all the work to
the reasonable satisfaction of the City, in accordance with the applicable professional standard
of care and City specifications and within the hereinafter specified. Evaluations of the work will
be done by the City Manager or his 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
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 and non conflicting 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 Exhibit B. Consultant's total compensation shall be based on each proposal the
Consultant submits and the City accepts for the services requested on a particular project.
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
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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 thirty (30) 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 of this Agreement until three (3) years after the termination date.
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. The professional services to be performed pursuant to this Agreement
shall be completed in accordance with Exhibit B. 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 Delays. 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 five (5) years unless terminated as provided herein.
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. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit B. Consultant's total compensation shall be based on each proposal the
Consultant submits and the City accepts for the services requested on a particular project.
In the event of termination, City shall pay Consultant for reasonable costs incurred and
professional services satisfactorily performed up to and including the date of City's written notice
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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. Insurance Required. Consultant shall procure and maintain throughout the
duration of this Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work hereunder by
Consultant, its agents, representatives, employees, and/or subcontractors. Consultant shall
provide current evidence of the required insurance in a form acceptable to City and shall provide
replacement evidence for any required insurance which expires prior to the completion,
expiration or termination of this Agreement. Nothing in this section shall be construed as
limiting in any way, the Indemnification and Hold Harmless clause contained in this Agreement
or the extent to which Consultant may be held responsible for payments of damages to persons
or property.
5.2. Minimum Scope and Limits of Insurance
A. Commercial General Liability Insurance. Consultant shall maintain
commercial general liability insurance coverage in a form at least as broad as ISO Form #CG
0001 ED. 11/88, with a limit of not less than $1,000,000 each occurrence. If such insurance
contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice
the required occurrence limit.
B. Business Automobile Liability Insurance. Consultant shall maintain
business automobile liability insurance coverage in a form at least as broad as ISO Form # CA
0001 T ED. 6/92, with a limit of not less than $1,000,000 each accident. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Workers' Compensation and Employers' Liability Insurance. Consultant
shall maintain workers' compensation insurance as required by the State of California (Labor
Code section 1860) and employers' liability insurance with limits of not less than $1,000,000
each accident.
D. Professional Liability Insurance. Consultant shall maintain professional
liability insurance appropriate to Consultant's profession with a limit of not less than $2,000,000.
Architects' and engineers' coverage shall be endorsed to include contractual liability. If the
policy is written as a "claims made" policy, the retro date of the policy shall be prior to the start
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of the contract work. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract work.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
5.3. Deductibles and Self -Insured Retentions. Any deductible or self-insured
retention must be declared to and approved by the City.
5.4. Other Insurance Provisions. The required insurance policies shall contain or be
endorsed to contain the following provisions:
A. Commercial General Liability, Business Automobile Liability: City, its
elected or appointed officials, officers, employees, and volunteers are to be covered as
additional insureds with respect to liability arising out of work or operations performed by or on
behalf of Consultant, including materials, parts or equipment furnished in connection with such
work or operations; or with respect to liability arising out of automobiles owned, leased, hired or
borrowed by or on behalf of Consultant. Such coverage as an additional insured shall not be
limited to the period of time during which the Consultant is conducting ongoing operations for
City but rather, shall continue after the completion of such operations. The coverage shall
contain no special limitations on the scope of its protection afforded to City, its officers,
employees, and volunteers.
B. Commercial General Liability, Business Automobile Liability: This
insurance shall be primary insurance at least as broad as ISO CG 20 01 04 13 as respects City,
its officers, employees, and volunteers and shall apply separately to each insured against whom
a suit is brought or a claim is made. Any insurance or self-insurance maintained by City, its
officers, employees, and volunteers shall be excess of this insurance and shall not contribute
with it.
C. Workers' Compensation and Employers' Liability Insurance: Insurer shall
waive their right of subrogation against City, its officers, employees, and volunteers for work
done on behalf of City.
D. All Coverages: Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to City.
5.5 Acceptability of Insurers. All required insurance shall be placed with insurers
acceptable to City with current BEST'S ratings of no less than A, Class VII. Workers'
compensation insurance may be placed with the California State Compensation Insurance
Fund. All insurers shall be licensed by or hold admitted status in the State of California. At the
sole discretion of City, insurance provided by non -admitted or surplus carriers with a minimum
BEST'S rating of no less than A, Class X may be accepted if Consultant evidences the requisite
need to the sole satisfaction of City.
5.6 Verification of Coverage. Consultant shall furnish City with certificates of
insurance which bear original signatures of authorized agents and which reflect insurers names
and addresses, policy numbers, coverage, limits, deductibles and self-insured retentions. Such
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certificates shall be attached to this Agreement and made a part hereof. All certificates and
endorsements must be received and approved by City before work commences. City reserves
the right to require at any time complete, certified copies of any or all required insurance policies
and endorsements.
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 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. Prosect 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,
facsimile 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; b) at the time of transmission if such communication is sent by facsimile; and c) 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:
C&S Companies
2355 Northside Dr., Suite 350
San Diego, CA 92108
Attn: Lance McIntosh
Department Manager
IF TO CITY:
City of Fullerton
303 W. Commonwealth Avenue
Fullerton, CA 92832
Attn: Meg McWade
Director of Public Works
6.5. Attorneys' 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
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exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof.
6.6. Governing 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.
6.7. 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.
6.8. Indemnification and Hold Harmless. To the fullest extent of the law, and
consistent with Civil Code section 2782.8, Consultant agrees to defend, indemnify, hold free and
harmless the City, its elected and appointed officials, officers, agents and employees, at
Consultant's sole expense, from and against any and all claims, demands, actions, suits or
other legal proceedings brought against City, its elected and appointed officials, officers, agents,
and employees arising out of, pertaining to, or relating to the negligence, recklessness, or willful
misconduct of the Consultant, its employees, and/or authorized subcontractors, in performing
design professional services pursuant to this Agreement. The defense obligation provided for
hereunder shall apply without any advance showing of negligence, recklessness or willful
misconduct of 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,
recklessness, or willful misconduct of Consultant, its employees, and/or authorized
subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the
City, its elected and appointed officials, officers, agents, and employees based upon such
negligence, recklessness, or willful misconduct, 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 for the defense or
indemnification of the City for claims, actions, complaints or suits arising out of the sole or active
negligence or willful misconduct of the City. Further, in no event shall the cost to defend
charged to the design professional exceed the design professional's proportionate percentage
of fault, unless otherwise specified in Civil Code section 2782.8. 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.
6.9. 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 or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
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
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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.
6.10. 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.
6.11. 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.
6.12. Ownership of Documents. All findings, reports, CAD drawings, 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, shall 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.
6.13. 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,
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
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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.
6.14. 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.
6.15. Responsibility for Errors. Consultant shall be responsible for its work 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.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.17. 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.
6.18. 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.
6.19. No Third Party Beneficiary Rights. 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.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting
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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.
6.22. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.23. 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.
6.24. Severability. 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.
6.25. Counterparts. 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.
6.26. 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.
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 FULLERTON
Date:
Meg co de, Vrector of Public Works
�2 -7,202-0
C&S Engineers, Inc.
Page 10
CONSULTANT
�"� �� L--- Date: 04/06/2020
Signature
Lance R. McIntosh Department Manager
Name and Title
13-5318940
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Richard D. Jones, City Attorney
C&S Engineers, Inc.
Page 11
Date: 04/06/2020
Signature
Lance R. McIntosh, Department Manager
Name and Title
13-5318940
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
fd'�---•� for
Richard D. Jones, City Attorney
US Engineers, Inc.
Page 11
EXHIBIT A
REQUEST FOR QUALIFICATIONS
CITY OF FULLERTON
FULLERTON MUNICIPAL AIRPORT
REQUEST FOR QUALIFICATIONS
FOR
PROFESSIONAL
ARCHITECTURAL/ENGINEERING/PLANNING/ENVIRONMENTAL
SERVICES
INVOLVING DESIGNATED CAPITAL IMPROVEMENT PROGRAM
PROJECTS
AT FULLERTON MUNICIPAL AIRPORT
F
City of Fullerton
Public Works Department / Airport
4011 West Commonwealth Avenue
Fullerton, CA 92833
714-738-6323
REQUEST FOR QUALIFICATIONS
AIRFIELD IMPROVEMENT PROJECT
AT FULLERTON MUNICIPAL AIRPORT
The City of Fullerton, California, is inviting proposals from qualified airport planning,
engineering, environmental firms for the completion of plans and specifications necessary
to complete various improvement projects as detailed below. The initial design project
scope will be for the Runway Shoulder Enhancement project. Interested firms shall submit
three copies of their proposal no later than 4:30 PM, Friday, January 17, 2020, to City Clerk's
Office at 303 W. Commonwealth Avenue, Fullerton, CA 92832. Selection of the approved
consultant will be based upon overall staff qualifications, design experience and familiarity
with the FAA project development process. The final contract for professional services will
be in conformance with the provisions of FAA AC 150/5100-14E, "Architectural,
Engineering, and Planning Consultant Services for Airport Grant Projects" and Title 49 CFR
Part 26 "Participation by Disadvantage Business Enterprises in Department of
Transportation Programs."
Prior to the award of contract, the City reserves the right to cancel this request for proposals
without notice. The scope of the various project improvements are covered under federal
grant assurances and jurisdiction, requiring interaction and coordination with the Federal
Aviation Administration (FAA) Los Angeles Airports District Office. Parties submitting
proposals shall be prepared to perform all work in accordance with FAA policies and
guidelines. The final scope of work, schedule, and cost for services will be negotiated upon
selection of the most qualified firm, and subject to the availability of federal grants. The final
scope and fee for each of the five projects described below will be negotiated separately
upon FAA approval to fund the projects, or by fiscal year as noted above.
SERVICES AND PROJECT DESCRIPTION
It is the intent of the City of Fullerton to enter into contract with a qualified aviation
engineering consultant firm for a period of up to five years. Services requested include
general consulting, planning, environmental, engineering, surveying, geotechnical
consulting and may include construction inspection/management services. The scope of
work may include, but not be limited to, the following projects as listed in Fullerton Municipal
Airports five-year Airport Capital Improvement Plan:
• Update Airport Layout Plan
• Aircraft Parking Ramp Pavement and Markings Rehabilitation
• Runway 06/24 Shoulder Enhancement Project
• Southeast Hangars Upgrade Project
Please see attached project descriptions for additional information.
Any additional information concerning submittal of proposals may be obtained by contacting:
Brendan J. O'Reilly, Airport Manager
Fullerton Municipal Airport
4011 West Commonwealth Avenue
Fullerton, CA 92833
714-738-6323
brendano@cityoffullerton.com
GENERAL REQUIREMENTS
The general requirements and procedures are as follows:
Where: Sealed proposals will be received at the City of Fullerton, City Clerk's Office,
303 West Commonwealth Avenue, Fullerton, California 92831.
When: Proposals shall be received not later than 4:30 p.m., Friday, January 17, 2019.
How: Proposal must be in a sealed envelope identified on the outside as a "City of
Fullerton Airport RFQ".
Format: Proposals shall be submitted in the format outlined in Attachment A
SELECTION PROCESS
An evaluation team will be established to review and evaluate all proposals submitted. The
proposals received will be scored based on the following criteria using a 100 point total.
• Recognition of overall project concepts, objectives and potential problems. (20%)
• Responsiveness to requirements. (10%)
• Capability to perform all aspects of the project. (20%)
• Recent experience with similar airports or project of comparable size and nature to
the proposed projects. (20%)
• Current workload and capability to meet schedule and/or deadlines. (20%)
• Designation of a senior individual who will be responsible for delivery of all services.
(10%)
The firm that receives the highest score shall be recommended for award of contract
following approval of the City Council. The City of Fullerton reserves the right to reject any
and all proposals. All questions and answers are public information.
The City of Fullerton will cooperate in any requests for permissions or approvals required,
but all permissions and approvals are the responsibility of the proponent. All applicable
3
local, state, and federal permits and/or approvals required shall be the responsibility of the
project proponent.
SUPPLEMENTAL PROJECT DESCRIPTIONS
The following projects are part of the five year Airport Capital Improvement Program (ACIP)
submittal to FAA LAX -ADO.
RUNWAY 06/24 ENHANCE RUNWAY EDGES AND MARKINGS REHABILITATION
FY2021:
The existing AC pavement edges are failing due to erosion. This project will repair runway
edges and replace runway striping. Infield areas adjacent to the runway will be compacted,
graded and P-406 asphalt chippings will be used to help prevent future soil erosion. Runway
PCI Rating is 85, however edge failure was not accounted for in the assessment. This is a
Runway Safety Action Team (RSAT) recommendation. Item — FUL— 2017— 003.
AIRCRAFT PARKING RAMP PAVEMENT AND MARKINGS REHABILTATION FY2024:
This project will include the in place pulverization of existing asphalt concrete parking ramp
on the south side of the airport. Approximate project area is 150,000 square feet. New
aircraft tie down anchors will be installed and striping will be replaced. Airport staff is also
considering a revised layout for aircraft parking concurrent with this project.
SOUTHEAST HANGAR REHABILITATION FY2021/22:
The southeast aircraft storage hangars are aging and are in need of upgrades such as new
roofing, new rain gutters, electrical upgrades, paint, and new weather stripping. All work will
need to be accomplished with hangar contents in place and well protected.
Appendix A
Sample Agreement
CITY OF FULLERTON
PROFESSIONAL SERVICES AGREEMENT
WITH
[FULL NAME OF CONSULTANT]
THIS AGREEMENT is made and entered into this _ day of , 201_ ("Effective
Date'), by and between the CITY OF FULLERTON, a California municipal corporation ("City"),
and a [State and type of entity] ("Consultant").
WITNESSETH:
A. City proposes to utilize the services of Consultant as an independent contractor
to provide as more fully described herein.
B. 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.
t C. City and Consultant desire to contract for the specific services described
C. City and Consultant desire to contract for the specific services described herein,
and desire to set forth their rights, duties and liabilities in connection with the services to be
performed.
D. 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 City's Request for Proposals ("RFP"), attached hereto as Exhibit "A," and Consultant's
Response to City's RFP ("Consultant's Proposal"), attached hereto as Exhibit "B," both
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 City. Consultant agrees to perform all the work to
the reasonable satisfaction of the City, in accordance with the applicable professional standard
of care and City specifications and within the hereinafter specified. Evaluations of the work will
be done by the City Manager or his 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
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 and non conflicting 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 Exhibit _ Consultant's total compensation shall not exceed Dollars ($
.00).
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
[Name of Consultant]
Page 2
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 thirty (30) 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 of this Agreement until three (3) years after the termination date.
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. The professional services to be performed pursuant to this Agreement
shall be completed in accordance with Exhibit . 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 Delays. 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.
period of --
applicable.] applicable.]
Term. This Agreement shall commence on the Effective Date and continue for a
unless terminated as provided herein. [Add renewal language if
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
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
[Name of Consultant]
Page 3
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. Insurance Required. Consultant shall procure and maintain throughout the
duration of this Agreement, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work hereunder by
Consultant, its agents, representatives, employees, and/or subcontractors. Consultant shall
provide current evidence of the required insurance in a form acceptable to City and shall provide
replacement evidence for any required insurance which expires prior to the completion,
expiration or termination of this Agreement. Nothing in this section shall be construed as
limiting in any way, the Indemnification and Hold Harmless clause contained in this Agreement
or the extent to which Consultant may be held responsible for payments of damages to persons
or property.
5.2. Minimum Scope and Limits of Insurance.
A. Commercial General Liability Insurance. Consultant shall maintain
commercial general liability insurance coverage in a form at least as broad as ISO Form #CG
0001 ED. 11188, with a limit of not less than $1,000,000 each occurrence.. If such insurance
contains a general aggregate limit, it shall apply separately to the Agreement or shall be twice
the required occurrence limit.
B. Business Automobile Liability Insurance. Consultant shall maintain
business automobile liability insurance coverage in a form at least as broad as ISO Form # CA
0001 T ED. 6/92, with a limit of not less than $1,000,000 each accident. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Workers' Compensation and Employers' Liability Insurance. Consultant
shall maintain workers' compensation insurance as required by the State of California (Labor
Code section 1860) and employers' liability insurance with limits of not less than $1,000,000
each accident.
D. Professional Liability Insurance. Consultant shall maintain professional
liability insurance appropriate to Consultant's profession with a limit of not less than $2,000,000.
Architects' and engineers' coverage shall be endorsed to include contractual liability. If the
policy is written as a "claims made' policy, the retro date of the policy shall be prior to the start
of the contract work. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract work.
[Name of Consultant]
Page 4
If the Consultant maintains broader coverage and/or higher limits than the minimums shown
above, the City requires and shall be entitled to the broader coverage and/or higher limits
maintained by the Consultant. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
5.3. Deductibles and Self -Insured Retentions. Any deductible or self-insured
retention must be declared to and approved by the City.
5.4. Other Insurance Provisions. The required insurance policies shall contain or be
endorsed to contain the following provisions:
A. Commercial General Liability, Business Automobile Liability: City, its
elected or appointed officials, officers, employees, and volunteers are to be covered as
additional insureds with respect to liability arising out of work or operations performed by or on
behalf of Consultant, including materials, parts or equipment furnished in connection with such
work or operations; or with respect to liability arising out of automobiles owned, leased, hired or
borrowed by or on behalf of Consultant. Such coverage as an additional insured shall not be
limited to the period of time during which the Consultant is conducting ongoing operations for
City but rather, shall continue after the completion of such operations. The coverage shall
contain no special limitations on the scope of its protection afforded to City, its officers,
employees, and volunteers.
B. Commercial General Liability, Business Automobile Liability: This
insurance shall be primary insurance at least as broad as ISO CG 20 01 04 13 as respects City,
its officers, employees, and volunteers and shall apply separately to each insured against whom
a suit is brought or a claim is made. Any insurance or self-insurance maintained by City, its
officers, employees, and volunteers shall be excess of this insurance and shall not contribute
with it.
C. Workers' Compensation and Employers' Liability Insurance: Insurer shall
waive their right of subrogation against City, its officers, employees, and volunteers for work
done on behalf of City.
D. All Coverages: Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to City.
5.5 Acceptability of Insurers. All required insurance shall be placed with insurers
acceptable to City with current BEST'S ratings of no less than A, Class VII. Workers'
compensation insurance may be placed with the California State Compensation Insurance
Fund. All insurers shall be licensed by or hold admitted status in the State of California. At the
sole discretion of City, insurance provided by non -admitted or surplus carriers with a minimum
BEST'S rating of no less than A, Class X may be accepted if Consultant evidences the requisite
need to the sole satisfaction of City.
5.6 Verification of Coverage. Consultant shall furnish City with certificates of
insurance which bear original signatures of authorized agents and which reflect insurers names
and addresses, policy numbers, coverage, limits, deductibles and self-insured retentions. Such
certificates shall be attached to this Agreement and made a part hereof. All certificates and
endorsements must be received and approved by City before work commences. City reserves
[Name of Consultant]
Page 5
the right to require at any time complete, certified copies of any or all required insurance policies
and endorsements.
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 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. Project 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,
facsimile 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; b) at the time of transmission if such communication is sent by facsimile; and c) 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:
6.5. Attorneys' 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.
6.6. Governing 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
[Name of Consultant]
Page 6
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.7. 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.
6.8. Indemnification and Hold Harmless. To the fullest extent of the law, 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 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 professional services 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 Consultant, its employees, and/or authorized
subcontractors, and/or 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
Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or
not 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 for the defense or indemnification of the City for claims, actions, complaints, or suits
arising out of the sole or 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.
[For Design Professional Services pursuant to Civil Code section 2782.8 — Architects and
Engineers — Use the following paragraph and delete the one above.]
To the fullest extent of the law, and consistent with Civil Code section 2782.8, Consultant
agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials,
officers, agents and employees, at Consultant's sole expense, from and against any and all
claims, demands, actions, suits or other legal proceedings brought against City, its elected and
appointed officials, officers, agents, and employees arising out of, pertaining to, or relating to the
negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or
authorized subcontractors, in performing design professional services pursuant to this
Agreement. The defense obligation provided for hereunder shall apply without any advance
showing of negligence, recklessness or willful misconduct of 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, recklessness, or willful misconduct of Consultant, its
employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or
suit asserts liability against the City, its elected and appointed officials, officers, agents, and
employees based upon such negligence, recklessness, or willful misconduct, 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 for the
defense or indemnification of the City for claims, actions, complaints or suits arising out of the
[Name of Consultant]
Page 7
sole or 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.
6.9. 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 or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
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.
6.10. 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.
6.11. 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.
,6.12. Ownership of Documents. All findings, reports, CAD drawings, 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, shall 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
[Name of Consultant]
Page 8
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.
6.13. 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,
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.
6.14. 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.
6.15. Responsibility for Errors. Consultant shall be responsible for its work 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.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City
while this Agreement is in effect.
6.17. 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.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation
[Name of Consultant]
Page 9
and negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.19. No Third Party Beneficiary Rights. 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.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.21. 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.
6.22. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.23. 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.
6.24. Severability. 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.
6.25. Counterparts. 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.
6.26. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
[Name of Consultant]
Page 10
executed by and through their respective authorized officers, as of the date first above written.
CITY OF FULLERTON
Date
[Name and title]
CONSULTANT
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Richard D. Jones, City Attorney
[Name of Consultant]
Page 11
EXHIBIT B
CONSULTANT'S PROPOSAL AND FEE SCHEDULE
Professional Architectural/Engineering/
Planning/Environmental Services Involving
Designated Capital Improvement Program
Projects at Fullerton Municipal Airport
2355 Northside Drive
Suite 350
San Diego, CA 921 u8
www,cscos.coni
(D City of Fullerton
Municipalal Airport
C&S ENGINEERS, INC. - 2020 RATES
Job Title
Hourly Rate
ENGINEERING
Department Manager
$250.00
Managing Engineer
$215.00
Senior Project Engineer
$200.00
Project Engineer
$165.00
Engineer
$145.00
Staff Engineer
$115.00
Senior Designer
$125.00
Designer
$95.00
Resident Engineer
$125.00
Senior Inspector
$115.00
Admininstrative Assistant
$75.00
PLANNING
Service Group Manager
$300.00
Managing Director
$290.00
Director, Terminal
$280.00
Director
$220.00
Associate Director, Terminal
$250.00
Associate Director
$200.00
Principal Consultant
$180.00
Senior Consultant
$130.00
Consultant
$110.00
2355 Northside Drive
Suite 350
San Diego, CA 92108
W W W.<scos.COM
January 17, 2020
City Clerk's Office
303 W. Commonwealth Avenue
Fullerton, CA 92832
Re: Fullerton Municipal Airport On- Call Services
Dear Selection Committee:
Unlike many other firms, airport consulting is C&S's core business. Our goal is to continue to provide Fuller-
ton Municipal Airport with high-quality, cost-effective aviation consulting. We have local in-house staff who
have been servicing the City with Architectural and Engineering services on a variety of tasks since 2015. As
you know, C&S specializes in the types of projects coming up on your next five year capital improvement
program and will bring this considerable skill set to bear for the airport. We support sponsors with airfield
and landside infrastructure improvements, the FAA grants process, planning and environmental studies, and
guidance to help airports be self-sustaining. We are prepared to hit the ground running with no learning
curve on Fullerton's upcoming projects, including the infield improvements, ALP update, terminal expan-
sion construction management, hangar improvements and pavement rehabilitation work.
Our entire California-based staff is dedicated to helping airport sponsors and will partner with you to assist
with any type of project or need that arises. We can also guide you with business and marketing consider-
ations that can enable the airport to take advantage of other streams of revenue. Our team offers over two
decades of local aviation experience in Southern California and has earned a solid reputation for responsive-
ness, quality, and technical ability.
To supplement our in-house experts, we have teamed with three Southern California-based partners who
will bring important skills that complement our team.These partners include Development One, Inc. for
architecture services, GGI Survey and Mapping for survey services, and MTGL, Inc. for geotechnical and
environmental services.
Our team is excited about the opportunity to meet with you in person so we can expand on our proposal
and demonstrate the energy and focus that will help you achieve the goals you have for your airports.
Please feel free to contact me at (619) 296-9373 or chazlewood@cscos.com.
Sincerely,
C&S ENGINEERS NC.
C'
Cory Hazlewood
Client Manager
Table of Contents
Section 1 ............. Firm Information
Section 2.............Our Approach to Serving your Airport
Section 3 ............. Personnel
Section 4 ............. Experience
Section 5 ............. Subconsultants
Section 1—Firm Information
C&S Companies
The C&S Companies have earned a solid
reputation for quality and responsive airport
engineering, architectural, planning, environ-
mental, and construction services. Airports
across California trust C&S to deliver success-
ful projects time and time again. Our diverse
group of professionals specialize in meeting
multi -disciplined challenges, working together
to seamlessly complete both routine and
complex projects. Airport services have been
the cornerstone ofour professional practice
since our founding. Over the past decade, we
have worked withYlearly 42 California airports
ranging from general aviation to small commercial service to large hub and military instal-
lations.
Many of our airport projects are conducted as part of on-
,
call contracts. In fact, C&S currently serves as the on-call
C&S was founded in 1968 and has operated continuously since then, growing steadily in
or general airport consultant for 16 clients who own and
C&S Engineers, Inc. (C&S)
operate nearly 30 individual airports across California.
is the legal name of one of
Nationwide, we have successfully completed more than
the C&S Companies and will
300 separate airport planning, environmental, design, and
be providing the requested
construction projects during the past five years, and well
airport engineering services.
over 2000 during our more than 50 years serving airport
clients. C&S brings strong and rooted relationships with the
FAA Los Angeles District office.
These relationships have been built through successful projects and professional services
performed at many airports in the region.
Contact Information
C&S Engineers, Inc
2355 Northside Drive, Suite 350
San Diego, CA 92108
p: (619) 296-9373
f: (916) 296-5683
Cory Hazlewood
Client Manager
p: (619) 296-9373
chazlewood@cscos.com
History and Size
C&S was founded in 1968 and has operated continuously since then, growing steadily in
size, revenue, and geographic reach. The firm currently has over 500 full-time employees
across the country dedicated to engineering, planning, architecture, environmental, con-
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struction, and other specialties. Our nearly 34 California-based technical staff work closely
with an additional 100 staff nationwide who are dedicated 100% to airport projects.They
are supported by hundreds of additional experts in other fields who regularly contribute
their specialized technical skills to airport projects.
Aviation Expertise
C&S's in-house expertise is extremely broad, allowing us to deliver almost any type of
airport project from start to finish. Fullerton Municipal Airport's capital improvement pro-
gram covers a wide range of services, including airfield development, planning, facilities,
and pavement engineering. With staff dedicated to planning, environmental, airfield and
landside engineering, grants administration, construction services, and other specialized
disciplines, we have the necessary resources to help you realize the vision you have for the
airport.
Infield Development and Hydrology
Fullerton Airport's infield characteristics have a substantial effect on the safety, functional-
ity, and both short- and long-term maintenance requirements. C&S conducted the initial
Master Drainage study in accordance with City and FAA requirements to identify eligible
projects for this existing ACIP Drainage and visibility issues must be addressed to meet
user needs and FAA advisory circular regulations. C&S has performed coordinated devel-
opment and drainage design work at airports for decades. We have developed a skill set,
relationship with agencies, and an understanding of the nuances of the various regulations
that allow us navigate the process effectively. C&S has demonstrated an ability to establish
quick and thorough trust with local regulators through cooperation, technical knowledge
and open communication.
When local regulations are involved, they can be the most time-consuming to address. C&S
is familiar with, and complies with, these regulations on a regular basis, thus enabling the
project team to efficiently completely drainage related projects. Because the day-to-day
performance of drainage infrastructure is a constant source of concern to all airport opera-
tors, each drainage project that C&S undertakes is extremely detailed. Something as simple
as a poorly performing drainage swale can lead to poor pavement performance and can
be a recurring maintenance nuisance to all levels of airport staff. We know how to avoid
and correct these types of small-scale prob-
lems as well as large-scale drainage issues.
Pavements
With two important pavement projects
coming up, it is important that your consul-
tant be very familiar with airfield pavement
design and construction—especially at a
single runway airport like Fullerton. C&S
has successfully completed rehabilitation
and new construction of runways, taxiways,
aprons, service roads, and parking lots us-
ing both bituminous and Portland cement
concrete. Recent pavement projects include
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runway and taxiway projects at Borrego Valley, Imperial County, Sonoma County, and Reed -
ley Municipal airports. We have also worked on aprons at Apple VaIley, Imperial County,
March Inland Port, and Brackett Field. Steps involved in our pavement design procedures
are in accordance with FAA AC 150/5320-6E, Airport Pavement Design and Evaluation and
include subsurface investigation; geotechnical/soils analysis; inventory of aircraft opera-
tions; determination of aircraft operations (fleet mix) for the 20 -year design period; evalu-
ation of a range of rehabilitation alternatives such as reconstruction, resurfacing, and mill/
overlay; use of FAA sponsored FAARFIELD program for strength design; and evaluation of
alternatives based on benefits and costs (if desired, life -cycle costs).
Our engineers and construction inspectors have specific training for airfield pavements
offered by associations such as the American Concrete Pavement Association, Airports
Consultants Council, Asphalt Institute, and FAA. C&S has also managed several pavement
preservation projects within the FAA Western Pacific region with airport sponsors, state offi-
cials, and FAA staff. C&S can perform geotechnical analysis to determine existing pavement
and subbase thickness and perform geotechnical laboratory testing to determine CBR val-
ues to be used in determining a Pavement Condition Number (PCN) using FAA -developed
COMFAA software and in conformance with AC 150-5335-5C. We then prepare a report
compiling the information for the sponsor.
Airfield Lighting, Signage, and Marking
C&S has designed installations for all types of airfield lighting and naviga-
tional systems including runway and taxiway edge lighting; LED lighting;
in -pavement edge, centerline, and touchdown zone lights; guidance signs;
visual aids; and instrument landing systems. Having an in-house airport
electrical engineer benefits airport sponsors greatly and enhances the
depth of the C&S team. These projects include all related electrical power
distribution, controls, equipment installations, and stand-alone airfield elec-
trical buildings. In addition, C&S has completed emergency power systems,
including stand-by generators and transfer equipment.
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We have completed airfield signage and marking plans and have designed
runway and taxiway lighting systems at most of the airports we have served.
Recently, we completed the design for the upgrade of LED lighting and signage, including
a complete overhaul of the existing airfield vault and back-up emergency generator, for the
County of San Diego's Borrego Valley Airport. For this project, we conducted a complete life
cycle cost analysis for the sponsor and FAA to betterjustify what is one of the first general
aviation airports to receive a grant for LED edge lighting on a runway. We also worked
with the local electric company to obtain power saving rebates that went toward the local
match. We know the rules, what systems work best, and can expedite the process.
Security Fencing
C&S's experience includes numerous fencing projects, including automatic gates and sur-
veillance equipment, security fence, wildlife deterrent fence, and fencing within wetlands
and floodplains. Each fence project is designed specifically for the needs of that particular
airport and region. We recently designed a perimeter fencing and gate upgrade at Imperial
County Airport.The project included removal of the existing fence and installation of 2,000
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_ - -- linear feet of new fence with three
24 -foot automatic cantilevered slid -
Ing gates with card readers and loop
detectors. To improve security, CCTV
e ■ ;riw• '' ' security cameras were placed at
each gate and a central monitoring
' -r station was designed to view and
�� record the security camera data.
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ALP Updates
C&S has decades of experience
preparing airport layout plan (ALP)
updates, which can be economical
and time -efficient alternatives to a
- - full master plan. We have completed
ALP updates for Reedley Municipal,
Banning Municipal, and March Inland Port. At the onset of the planning process, C&S com-
pletes an on-site inventory to establish a comprehensive description of existing conditions.
This step is crucial because it lays the foundation for responsible planning and helps us
understand the key issues facing the airport. A key result of the ALP update is a forecast of
operations and based aircraft.
We aim to develop forecasts that are realistic, based on the airport's historic activity; antici-
pated changes at the airport; and federal, state and regional trends in the aviation industry.
An overly ambitious forecast can lead to unjustified development and expenses, so we fo-
cus on making sure plans are realistic and able to be implemented. C&S considers existing
environmental conditions when planning for airport development—an often overlooked
step in the ALP update process. By considering the environment during the planning stage,
we prevent time-consuming surprises during the National Environmental Policy Act (NEPA)
analysis. C&S has completed ALP updates at airports of all sizes, types, and activity levels.
Our products are concise and understandable so that they can be relied on in the future by
airport management and the FAA.
Facilities
Fullerton is making a major investment
In the historic terminal building. Phase
II of the project will enlarge the facility
and add new amenities. C&S has com-
pleted design of additions, renovations,
and new construction of a wide variety
of aviation facilities, including passen-
ger terminal buildings, aircraft storage
hangars, ARFF buildings, other airport
support facilities. We recently designed
a new terminal building for March
Inland Port in Riverside County and are
currently working on improvements
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to the terminal building at Whiteman Airport in LA County. In 2013, we completed a large
receiving and distribution center on the airfield at San Diego International that received
LEED Gold certification.
C&S has teamed up with Development One Architects for this contract. Their seasoned
architects design unique, thoughtful spaces that complement and contribute to the goals
of our clients. Together, we design facilities that complement and highlight their surround-
ings. The architects are supported by a full team of engineers and construction specialists
who help create well-rounded, functional, and cost-effective projects.
C&S has become nationally recognized for
our award-winning designs. C&S is also a
leader in sustainable design and can help you
understand opportunities and alternatives for
providing energy-efficient and environmen-
tally responsible designs. Our team has been
involved in the planning, design, commission-
ing, construction mathagement, and LEED cer-
tification on sustainable projects for aviation,
governmental, institutional, educational, and
commercial facilities, and is supported by our
architecture partner, Development One.
Construction Services
Ultimately, quality is in the constructed project.The true test of any engineered design
lies in the ability of the contractor to construct the project in a quality, cost-effective, safe,
and timely manner. Achieving a quality -built project is often a task delegated to the C&S
construction managers. In recognition of the unique nature of the aviation industry, C&S
maintains a full-time staff of construction managers, inspectors, and support staff, whose
sole focus is the successful completion of aviation -related projects.
Our construction personnel are fully knowledgeable of FAA requirements. Their involve-
ment in the project begins during the design process in the form of constructability re-
views. This provides office design personnel with the realities of a contractor's perspective,
feedback on construction phasing, methods, materials and specifications, contract pack-
aging, and contract administration matters. Scheduling, coordination, quality assurance,
issue resolution, and budget control then becomes their focus upon commencement of
construction. C&S prepares the weekly FAA project inspection reports, which communicate
project progress, primary issues, key decisions to be made, project financial position, and
schedule status. These reports allow airport personnel to keep project stakeholders read-
ily informed. Project cash flow projections can be provided monthly to allow for advanced
financial planning.
Grants Administration
C&S has full-time grant administrators to manage the avalanche of paperwork involved
in securing funding for airport projects. As a result, our clients receive prompt and regular
reimbursements from the FAA and the state. We are thoroughly knowledgeable of program
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requirements and are very famiIiar with the new FAA grant system. We conduct reimburse-
ment efforts for several California airports and our grant efforts are always proactive. Airport
sponsors never have to ask us when reimbursements are due because we track and calen-
dar all the due dates for them. We also set up the annual ACIP meetings and support air-
ports with FAA discussions and funding alternatives to make sure the local match is realistic
and feasible. C&S has managed hundreds of Airport Improvement Program (AIP) eligible
projects. We have developed a familiarity with FAA regulatory documents by administering
the entire grant process for many of our airport sponsors, conducting regular program-
ming meetings with FAA Airport District Office personnel, and working closely with FAA
headquarters and regional staff. Our professional staff and full-time grants administrators
work every day under the guidelines of FAA Order 5100.38D, Airport Improvement Program
Handbook, that governs the eligibility of all FAA -funded projects.
Additional Services
In addition to the services above that directly parallel the anticipated work at Fullerton
Municipal Airport, C&S also offers a wide range of aviation services:
Safety Area Improvements
Fuel Facilities
Environmental
Sustainability and Green Design
Master Planning
Obstruction Studies
AGIS
• Land Acquisition
• Information Management and GIS
• Roadways and Parking
• Wildlife Hazard Assessments
• Business and Operations
• Marketing and Communication
• Public Outreach
FAA/Caltrans Experience
C&S has a thorough understanding of FAA regulations, policies, and procedures. We have
specialized staff dedicating 100% of their time on airport projects. Our project experience
includes more than 1,500 airport projects of all types. C&S's airport en-
gineering professionals tackle routine and complex issues associated
with airport projects every day. -They interpret information contained
in FAA advisory circulars, orders, federal aviation regulations, and other
published documents and apply the regulations and policies to solve
airport design issues and secure maximum federal funding for airport
sponsors.
We have worked with seven of the nine FAA regions, including the
Western Pacific Region, whom we have worked with for the last
decade. Every region and Airport District Office (ADO) interprets
certain FAA regulations differently. Over the last 10 years, we have 4r*
developed relationships with FAA planning and programming, mill /><5
engineering, and environmental staff in the region. We can conduct
meetings on behalf of clients and review project deliverables face-
to-face with FAA staff which enhances project productivity and significantly shortens proj-
ect approval timeframes. Our involvement and development of the California Best Practices
guide has enabled us to have a strong understanding of FAA expectations and to develop
deep rooted relationships. The best practices guide was created to work in collaboration
with Caltrans Division of Aeronautics, FAA Western Pacific Region and airport sponsors.
Caltrans is a partner in general aviation development and meeting their requirements is
critical to project success. C&S has built effective relationships with division staff on assign-
ments throughout California and routinely meets with the division in joint planning confer-
ences and other meetings and will help foster a positive relationship with the division.
All work associated with the contract will be planned, designed, implemented, or other-
wise undertaken in accordance with relevant FAA requirements. These requirements are
typically provided in advisory circulars that will be used and followed by project staff and
referenced where appropriate in project deliverables. Members of C&S's Airport Group
continuously educate themselves about the ongoing development of FAA regulations and
keep all C&S airport professionals aware of new advisory circulars (ACs).
In fact, one of our airport group managers participated in the update and revision of many
FAA ACs in the past five years on the Airport Consultants Council Engineering Committee.
As chair of the committee in 2006, he worked directly with FAA headquarters staff to revise
and update more than 10 ACs.
Working Knowledge of FAA Procedures, Models, and Regulations
Our team's knowledge of FAA and airport criteria goes far beyond having a reference library
of advisory circulars and standards. Team members work with these criteria on a wide
variety of projects under various circumstances. They understand where, when, and why to
apply the criteria and try to improve on them where appropriate.
Having a core group of aviation professionals is essential to having and maintaining a work-
ing knowledge of FAA criteria and airport operational requirements. Our knowledge of FAA
regulations is demonstrated in the volume and type of aviation work performed by our
team members.
Section 2—Our Approach to Serving
your Airport
C&S brings dedicated aviation professionals to the Fullerton Municipal Airport with re-
cent and relevant experience and most importantly the ability to dedicate the necessary
resources to accomplish the following Airport Capital Improvement Plan engineering
projects:
Update Airport Layout Plan
Aircraft Parking Ramp Pavement and Markings Rehabilitation
Runway 06/24 Shoulder Enhancement Project
Southeast Hangars Upgrade Project
Our team brings experience with the airport, your Stakeholders and the FAA. We aligned
our team, including our partner firms, with this commitment to successfully complete the
projects within your timeframe. We do not underestimate the needs of this project; we are
committed and prepared to deliver.
Engineering Project Understanding
The Fullerton Airport is the only general aviation airport in Orange County. It is centrally lo-
cated in the Los Angeles basin, and is adjacent to Interstate 5 and Highway 91.The airport
is three miles from Knott's Berry Farm and six miles from Disneyland.The airport is self-sup-
porting and does not receive any subsidies from the City. Revenues from the airport fund
the cost of operations and maintenance; with the surplus going into the enterprise Airport
Fund.
Runway 6/24 Enhance Runway Edges and Markings Rehabilitation
C&S understands that the existing asphalt pavement edges are
failing due to erosion and currently Runway 6-24 does not have
any shoulder, so stabilization and improvement of the integrity of
the runway pavement is critical to the sustainability of the airport.
Based on previous site visits we understand the failing edges are
a result of the poor drainage pattern and slopes of the adjacent
runway infield areas. C&S conducted numerous site visits and
associated discussions with the sponsor to better understand
the existing conditions and ongoing issues with the infield areas.
The field work encountered areas of ongoing ponding, reports of
continuous FOD conditions and maintenance beyond the nor-
mal limits for an airport of this size. Reports were also noted by
existing airport users of poor visibility across the apron and taxiways while first responder
helicopter operations were underway due to dust.The existing surface drainage gener-
ally flows in the westerly direction. The existing entrance/exit taxiways north of Taxiway
Bravo include cross slopes to convey surface water from one easterly infield area, across the
pavement section, and on to the next westerly infield. Field observation shows that water
does not appear to always flow across the pavement and often collects at, or on, pavement
areas. This also leaves sediment and other debris on the pavement surface once the water
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percolates through the pavement surface or evaporates. In some locations the infield areas
are mounded and the infield surface drainage sheet flows onto the pavement.
As previously mentioned, much of the existing infield grades do not meet Design AC
standards. For Approach Category A & B, shoulder areas and infield grades shall be as
determined by Table 3-3 and Figure 4-33 of the AC. The cross section grades shown on the
plans generally comply with the requirements of the AC. A uniform 5% slope away from
the pavement edge for the first 10 feet is not practical for this project. Existing pavement
grades are fixed and provide little positive drainage to the west. Maintaining a 5% slope
would create a sump condition at the westerly edge of each infield and hold water, which
is not permissible per the Drainage AC. All proposed improvements designed for the in-
field areas will comply with the requirements of S-3, as defined in the FAA Advisory Circular
150/5300-13A table. Some infield design alternatives we have considered address some of
these previously mentioned concerns. Design alternatives may include:
Alternatives
Crushed Stone
Asphalt Pavement
Recycled pavement
Pervious Asphalt Pavement
Synthetic Tu rf
Construction of the infield area improvements will require
closure of the single runway airport and consideration will
be given to possibly performing night work to minimize
the impact on operations of the airport. Creative phasing
alternatives will also be considered to maximize the use of
the airfield during construction.
Effective stormwater capture and reuse is critical to meet the implementation of your
needs and policy goals. Ensuring that each drop of stormwater is captured, stored, treated,
and reused is important to the environment and to eliminate the contaminants. Construc-
tion of the south cistern system allows the Airport to reduce its high operational cost of
environmental regulatory compliance and mitigate the potential for litigation. Initial steps
will include providing a thorough validation of the stormwater master plan for these needs
and goals. Routing of each utility is important to meet the Airport's long-term growth
objectives.
The FAA has stringent design standards for safety and to be eligible for AIP funding. Coordi-
nating directly with FAA Program Manager Manson Wong and the FAA Los Angeles Airport
District Office (LA ADO) on approvals, program funding and managing your AIP grant fund-
ing requires a team with this experience and relationships. Cory Hazlewood leads our FAA
coordination activities. He has worked with the FAA LA ADO for more than 20 years and
maintains strong relationships with key decision makers there. He has worked on behalf of
Fullerton on other projects to review standards for aircraft pushback operations and
Line -of -sight challenges.
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Aircraft Parking Ramp Pavement and Markings Rehabilitation
Based on previous site visits and discussions with city staff, we understand this project will
be an in place pulverization rehabilitation of the Apron. The existing concrete is beyond its
useful life and confirmed for design treatment. C&S is very familiar with apron, taxiway, and
runway rehabilitation projects. The critical components are not all in the design.They also
include logistic planning, coordination with involved stakeholders, and verifying all new
FAA standards are being met for the marking and signage. We also know that the project
limits amount to roughly 150,000 sq. ft.The old style tie down cabling system has also been
determined inadequate and should be verified by the design firm for replacement. C&S
has managed concrete rehabilitation and pavement rehabilitation projects very similar
to this specific project at Fullerton. Some of these recent projects were at the following
airports:
Apple Valley taxilane widening
Cajon -Air Center —Phase III Transient Apron and Taxiway Extension
Palo Alto Apron Reconstruction
Southeast Hangar Rehabilitation
C&S understands that all the proposed work for the proposed southeast storage hangars
needs to be accomplished with the hangar contents in place and well protected, therefore
early project planning is critical for this project. We will have a very involved design process
that engages the stakeholders from concept to completion.
C&S is committed to sustainability and integrating its principles into our projects. Sustain-
ability components for this project and assure that we align with Cal Green requirements to
demonstrate the City of Fullerton's care for the community and earth.
One of the main sustainability opportunities for airfield projects centers on materials. C&S
can guide the airport on the opportunities for material, regarding roofing, gutters, and
electrical equipment reuse while still adhering to FAA standards, implications to project
phasing and how this can be best addressed to enable material reuse where possible, and
suggestions for managing materials removed on site that cannot be reused.
We believe we have the best team and approach for Fullerton's upcoming ACIP projects.
We have done our homework, have a solid foundation of best practices and management
to provide the City of Fullerton
Work Plan/Project Approach
Successful delivery of your program includes open communication and a collaborative ap-
proach with the Airport, stakeholders, FAA, program management team, and other design
and construction teams that may be chosen for additional components of the program.
We bring this collaborative style to act as a true extension of your staff and to always put
the needs of the Airport first. We are prepared to present project challenges, discuss initial
concept alternatives, and recommend design enhancements on Day 1. We will immedi-
ately collaborate with your staff to review alternatives to mitigate project constraints. Each
designer, stakeholder, tenant, agency, and reviewer will understand their role, expectations,
and individual deadlines. Understanding Orange County drainage requirements for water
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capture/treatment/reuse and the permitting requirements is critical We know your existing
drainage system, the areas requiring further evaluation and verification, and how to work
with airfield operations to gather the additional information needed while minimizing the
impact on to the airfield.
Programs
Our approach is built on best practices and strategies that we consider most applicable to
the Airport.These tools and processes have been tested, improved, and proven effective on
similar sized programs—most recently the Palo Alto Apron reconstruction, Borrego Valley
Runway Rehabilitation, and Hawthorne Taxiway rehab. Ourfull suite of tools are available
to the Fullerton Airport team to deliver this program, and we will collaborate with each
program entity to ensure a successful project.
Validation/Investigative Phase
The existing conditions provide the necessary data and understanding to design the
improvements. Site data collection is a critical initial activity in any airfield design project
but can be challenging when trying to minimize operational impacts to the active airfield.
Whether performing survey activities, obtaining geotechnical borings or collecting sub-
surface utility information, proper airfield operational coordination and communications is
essential. Our team's prior experience at Fullerton allows us to recognize these challenges.
We will work closely with the Airport's leadership and airfield operations staff to perform
data collection inside/outside runway and taxiway safety areas as much as possible and
combine activities with other scheduled closures and airfield escorts whenever possible.
Schematic Design Development
Once the investigative services phase is complete, the schematic design effort begins as
a collaborative effort with the Airport. Schematic design commences with the analysis of
the feet mix and pavement section alternatives. Gaining both FAA and Airport approval of
the fleet mix to be used for each pavement is a critical first step. This provides the starting
point for pavement design options that maximize local materials and recycling options for
the new pavement sections and provides Value Engineering opportunities. Our approach
focuses on major topics that influence cost and schedule, as well as compliance with FAA
criteria and the agreement of eligible items that can be included.
Final Design Development
A key component is to design the entire program to a 100% level, and then determine with
the Airport, FAA, and program management team the need to bid in multiple packages
versus one large package for the projected length of construction. If the FAA requires, we
will prepare construction packages for each FAA grant. Close coordination with the FAA to
understand the amount of funding programmed by year, and best -case and worst-case
scenarios for funding (including timing of grants) are analyzed to confirm construction
packages meet each funding level potential. A discussion is held during 30% design, with
updates provided for final concurrence at the completion of the 60% design. This provides
the FAA with ample time to respond and gives our team time to accommodate any final
changes into the issue for bid documents. We will work with your local FAA representatives
to determine if one CSPP for the entire program will suffice, or if individual CSPPs for each
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project component are required. This understanding of your airfield operations will be lev-
eraged to assess phasing alternatives and minimize the impacts on the airfield with each
construction package.
Construction Administration Services
We believe that the design engineers should also be involved with the construction admin-
istration services phase of the contract to maintain consistency in design thought through
project completion. Our design team reviews all Requests for Information (RFI), submittals,
and shop drawings to verify the intent of the design is constructed in the field. Construc-
tion Administration Lead, Eric Garfield, engages in weekly meetings and is available to
assist the Airport and the program management team with increased resident engineering
services if required.
Creating a Collaborative Work Environment.
Accountability and open communication lead to project success. Our goal is tofoster a
safe environment conducive to clear, effective and well-documented communication. We
document decisions to keep the greater team informed on why a certain action or direc-
tion is being taken. This "big picture'approach is conducive to fostering a sense of invest-
ment and accountability for all team members. Our approach to management is simple
and streamlined. Through a series of structured best practices, our team:
Works with the Airport to clearly define the project scope
Outlines detailed project tasks and ties them to the project design schedule and bud-
get
Develops a project schedule that defines the various milestone dates for task comple-
tion, document submittal, Airport and FAA review period and design submittals
Schedules regular coordination meetings with the Airport to review project progress
and provide a forum for discussion of critical issues
Implements a quality review process that evaluates the project at various stages to
drive technical compatibility and integration
Planning Project Understanding and Approach
Over the past five years, the C&S team has had the opportunity to develop a unique under-
standing of your Airport, its opportunities and challenges. Acting as an extension of your
staff, we are able to seamlessly deliver a complete project package, from environmental
review through planning, design and construction. Working closely with Airport and City
staff, our cross functional team is able to efficiently advance your projects by coordinating
through every step of the process.This well rounded project delivery approach is currently
on display as our team has prepared both the environmental analysis and engineering
design for your proposed terminal expansion.
The projects listed for potential assignments— Update Airport Layout Plan, Aircraft Parking
Ramp Pavement and Markings Rehabilitation, Runway 06/24 Shoulder Enhancement Proj-
ect, Southeast Hangars Upgrade Project — will provide the short-, medium-, and long-term
vision for the Airport in the context of continuing to honor and serve the existing com-
munity while accommodating activity resulting from increased development in the City of
Fullerton. With our institutional knowledge, cross functional team and ability to act as an
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extension of your staff, we prepare airport development plans that consider the airport's
value to community prosperity, while remaining sensitive to effects on adjacent property,
the environment, and their relationship to the region's transportation network.
C&S has 30 years of experience preparing airport layout plan (ALP) updates consistent with
this vision and with FAA requirements (Advisory Circular 150/5070-6B Airport Master Plans).
Our planners have extensive experience in physical inventory, aviation forecasts, demand
capacity and facility requirement analyses, and plan formulation and implementation. C&S
places a strong emphasis on understanding the airport sponsor's vision for the airport
and melding that into a realistic approach to airport development. Our plans provide the
flexibility to address important issues and eliminate the low -value, high-cost products tra-
ditionally seen with overly optimistic planning studies. Our relationships with the FAA and
Caltrans mean that we can easily meet with their staff on behalf of the City. We will act as
an extension of your office, relaying to them the City's visions and goals, and we will keep
the planning process on track to minimize delays in its final approval.
Airport Layout Plan
C&S understands that the current Airport Layout Plan (ALP) was prepared in 2010 and is
in need of an update, which will likely involve an accompanying Narrative Report. This
provides a valuable opportunity to evaluate the Airport's needs and prioritize projects to
maintain and improve the facilities. This updated ALP will reflect both as -built conditions
and projects identified in the Airport Capital Improvement Program (ACIP) including the
recently developed and planned hangars facilities. C&S will also ensure that the ALP is pre-
pared in accordance to the most current design standards and the new Standard Operat-
ing Procedures (SOPS) for ALPs that were published by the FAA.
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At the onset of the planning process, C&S conducts an on-site inventory to establish a
comprehensive description of existing conditions. This step is crucial because it lays the
foundation for responsible planning and helps us understand the key issues facing the
airport. Now that the FAA ADO has emphasized planning before engineering, the estab-
lishment of an accurate baseline is a critical step to recognizing development needs.The
inventory phase includes discussions with airport tenants and provides a forum forthem
to share their concerns about the airport. C&S has been preparing airport planning docu-
ments for over 30 years and understands the value of this critical step.
The backbone of every planning document is a well-developed and justified forecast of
operations and based aircraft. We aim to develop forecasts that are realistic and based
on the Airport's historic activity; anticipated changes at the airport; and federal, state and
regional trends in the aviation industry. An overly ambitious forecast can lead to unjusti-
fied development and expenses, so we focus on making sure plans are realistic and imple-
mentable. C&S has completed ALP Updates at airports of all sizes, types, and activity levels.
Our products are concise and understandable so that they can be relied on in the future by
airport management and the FAA.
C&S understands that the FAA will not fund projects based on projected demand, but rath-
er requires evidence that existing demand and facility requirements warrant the project.
We have mastered the skills necessary to collect, analyze and deliver this data to the FAA in
an efficient manner that avoids time delays.
Recently, the FAA has funded additional efforts within the airport planning process that
were previously not included. These include the development of electronic ALPS (eALP)
and their upload to the FAA's Airport GIS (AGIS) system. C&S is currently assisting a number
of clients with this effort and have a strong understanding of the associated rules and steps
that are necessary to receive FAA approval. Other FAA funded services that C&S can provide
include obstruction analysis and mitigation plans, sustainability planning, and land use
compatibility plans. C&S maintains the expertise and full capabilities to perform these tasks
and any of those listed in this RFQ under short notice for the County.
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Section 3—Personnel
Experience, competence, teamwork—they are the means for success on your projects and
the ingredients we use in creating a project team that is right for you. C&S has carefully
assembled a team to provide Fullerton Municipal Airport with a unified group of highly
qualified professionals to complete your projects on time and on budget. Our team is de-
veloped to be streamlined and cost -sensible for all projects in the on-call period.The orga-
nizational chart below shows the key staff leads who will be dedicated to this assignment.
Your seasoned client manager, Cory Hazlewood, will be the dedicated principal for this
assignment. Working from our San Diego office, he will be your primary contact through-
out the course of this contract. Cory is committed to being available to serve your needs
throughout the duration of this contract. Cory brings a proven management approach
based on the philosophy that effective communication between the owner, consultant
team, stakeholders, and contractors will produce a quality project that is constructed on
time and within budget. He is also dedicated to serving clients through responsive and
clear communication while also providing regulatory and technical guidance.
Cory Hazlewood
Client Manager
Ken Gethers, Jr., PE Nick Alex CM, ENV SP
Project Manager, Engineering 0 Project Manager, Planning
Brian Saull, PE, ENV SP
QA/QC
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Lenny Guyett, PLS
Environmental Compliance
Construction Resident Engineer
Survey
Bryan Salt, SE, PE
Michelle Auge
Mike Navarro, PLS
Structural Engineering
Grant Administration, Labor
Survey
Compliance
Chris Brubach, PE
Pablo Naranjo, PE, GE
Pablo
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Geotechnical
Architecture
Bart Peters, PE
Airfield Electrical
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Frank Melo, Err
Architecture
Geotechnical
JR Cameron -Carter, Err
Project Engineer
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Cory Hazlewood I ClientMonoger
Cory Hazlewood has twenty one years of experience in the aviation
industry. His expertise includes the perspective of an aviation devel-
oper, airport sponsor, and licensed general aviation pilot. He specializes
In helping airports with their long-range planning, business goals and
construction oversight for both vertical and horizontal construction
projects. Cory has been very instrumental to airport sponsors with proj-
ect delivery, reviewing business and marketing strategies, coordinating
with funding agencies to maximize AIP opportunity and creating a
vision for increasing airport revenue and exposure.
Brian Saull, PE, ENV SP I Quality Assurance/Quality Control
Brian has managed a number of airport and site/civil related projects
from early program planning and design conception through final
bidding and construction. His design and construction experience
includes formulating project technical specifications, drafting contract
drawings, and completing related federal and state project forms and
documentation. Design experience includes aspects of 2D and 3D air-
port design using FAA advisory circulars, FAARFIELD pavement design
software, AASH pavement design, Microstation, AutoCAD, Inroads,
Civil 3D, soil erosion and sediment design, and layout of airfield lighting, signage, markings,
and navigational aids. Brian's construction experience spans heavy highway and runway
projects to pavement preservation, fuel facilities, and airfield electrical systems and lighting.
Ken Gethers,lr., PEI' !
Kenny is responsible for airport and site/civil related design from con-
ception through bidding and construction. His design and construc-
tion experience includes formulating project technical specifications,
drafting contract drawings, and completing related federal and state
project forms and documentation. Design experience includes aspects
of 2D and 3D airport design using FAA advisory circulars, environmen-
tal permitting, FAARFIELD pavement design software, Microstation,
AutoCAD, Inroads, Civil 3D, soil erosion and sediment design, and
layout of airfield lighting, signage, markings, and navigational aids. Experience in construc-
tion includes aspects of new airport pavement, airport lighting, airport rehabilitation and
signage, and engineered material arresting systems for airport runway safety.
Nick Alex, CM I Project Manager - Planning
Nick Alex has more than 10 years of aviation planning experience in
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both the private and public sectors. His technical experience includes
airport master plans, airport layout plans, land use and facility planning,
emerging technologies, environmental planning under NEPA & CEQA,
sustainability planning, noise monitoring and analysis, airline gate al
location planning, and airport capital improvement planning. Nick also
provides unique perspective and insight having worked on varying size
facilities, from desert airstrips to large hub airports.
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Sasha Schultz ( Environmental Compliance
Sasha Schultz is a planner for C&S's aviation group. She has three years
of airport planning experience working on everything from general
aviation to large hub airports. Her technical background includes air-
port master plans, airport layout plans, environmental planning under
NEPA & CECA, and sustainability planning.This includes data collec-
tion, client coordination and technical writing.
Bryan Salt SE, PE I Structural Engineerinc/
Bryan has more than 25 years of experience with structural and civil
engineering design. He has broad structural engineering experi-
ence in most major building types, and he is successful at delivering
design -build and EPC projects. Bryan has managed multi -disciplinary
teams, and he is excellent at communicating with clients and staff to
bring projects to a successful conclusion. Bryan's expertise includes
advanced topics of structural engineering such as historic preserva-
tion, flour vibration analysis, fire-resistant structures, seismic analysis
and design, long -span structures, tensile structures, blast-resistant/physical security de-
sign, and architectural concrete and metals design.
Chris Brubach, PE 1 NA IMM
Chris Brubach has managed and designed various types of airport and
/ roadway improvement projects, including security improvements,
4 lighting and signage improvements, navigational aid installations,
obstruction studies, runway safety area improvements, new pavement
construction, and airport pavement rehabilitation and reconstruc-
tions. Chris has nearly 20 years of experience with project manage-
ment, design, and construction inspection and specializes in airfield
electrical and navigational aids. His responsibilities include project
management and civil/electrical infrastructure design on both general aviation and
primary airports. Chris takes an active role in construction and his inspection and admin-
istration responsibilities include project startup, shop drawing and material certification
reviews, daily observation of the contractor's work and daily report preparation. Prior to
joining C&S, Chris was involved in construction inspection with the NYSDOT. He oversaw
the contractor's daily operations to ensure compliance with State standards and contract
specifications.
Bart Peters, PE I t le[ vital L noine�'W), i
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Bart has 14 years of experience with electrical engineering design,
which includes medium and low voltage power distribution, lighting
and fire alarm systems for campuses and most building types. He has
expertise and experience designing power and lighting for govern-
ment, commercial and industrial facilities. He has managed multidis-
ciplinary teams charged with implementing emergency and standby
power system designs, and he has served as the electrical lead on
major site, campus and building construction projects.
JR Cameron -Carter, EIT I Project Engineer
JR joined C&S in June, 2017 as an intern and was hired full time as a
Staff Engineer in October, 2017. Prior experience included a summer
Internship with the New York State Department of Transportation our -
if
Ing the summer of 2016. His responsibilities include the production of
final engineering plans, project specifications, civil design, as well as
AutoCad Civil 2D and 3D support. JR specializes in wet utility design
and grading. Other responsibilities include PCI (Pavement Condition
Index) Surveys and SWPPP production/inspections.
Eric Garfield, EIT I Cot uruction Resident Engineer
Eric is an accomplished resident engineer and construction manager
with 20 years of experience in the engineering and construction
industries. Eric has developed proven leadership abilities and a reputa-
tion of providing excellent customer service while serving as a resident
engineer, construction manager, senior construction inspector and
owner representative. Project construction supervision responsibilities
include developing a construction management plan as required by
the FAA for airport construction projects, supervision of the construc-
tion observation work force, client contact and coordination, implementation of project
plans and specifications, dispute resolution, facilitating and expediting the processing of
change orders and cost estimates, facilitating requests for information, supervision of proj-
ect record keeping, implementation of airport safety phasing plans, material quality control
and testing procedures, state SWPPP permit compliance, and acting as a liaison between
the project owner, state department of transportation, FAA and contractors.
Michelle Auge I Grants Administration/LoborCornplionce
Michelle assists airport sponsors and project managers with the
preparation of AIR grant applications, sponsor certifications, and proj-
ect closeout. Each fiscal quarter she prepares updated FAA quarterly
performance reports for open grants, as required. Annually, Michelle
coordinates with the project managers and airport sponsors to prepare
their airport capital Improvement plans (ACIP). Michelle also reviews
contractor certified payrolls for compliance with Davis Bacon and the
State of California Department of Industrial Relations wage require-
ments.
i. Bruce Camino, i. ?,R ARE{ j Architec
As an instrument rated pilot whose plane is hangared at Fullerton Air-
port, Mr. Camino understands an airfield from a pilot's perspective. This
unique combination of architecture and flying experience has shaped
the firm's identity as an expert in the aviation and aerospace industries.
Mr. Camino's rigorous dedication to quality control, sustainable solu-
tions, and innovative design practices has earned him an exceptional
reputation in the field of architecture. Mr. Camino does not believe in
forcing a design style on his clients. Instead, he believes in taking the
client's ideas, and refining them for the best and most affordable solution. His visionary
approach to design solutions and successful project management has earned him com-
mendations from his clients.
For more than 15 years, David Meider has managed a wide range of
government and public agency projects. He is a California Licensed ar-
chitect and a LEED Accredited Professional. David is intimately familiar
with the working environment of an airfield, having served as Project
Manager on a wide range of projects at Fullerton Airport, John Wayne
Airport, LAX, San Bernardino International Airport, Hollywood Burbank
Airport, NASA Armstrong Flight Research Center, and U.S. Air Force
bases.
Lenny Guyett, PLS I Survey
Lenny has more than 25 years of experience in the surveying and map-
ping industry and has been instrumental in planning, conducting or
overseeing, as licensed surveyor -in -charge, field surveys as part of small
and large scale commercial, industrial and public works projects.These
survey projects have included conducting and delivering topographic
design surveys, control surveys, boundary surveys, ALTA land title
surveys, as well as conducting and providing reports for settlement
monument surveys, and preparing calculations and conducting field
surveys for the layout of construction projects. He currently serves as principal in charge of
field surveying operations.
Mike Navarro, PLS I Survey
Mr. Navarro has over 25 years of experience, focusing mostly on the
property boundary and mapping aspects of the industry. Besides
overseeing Boundary Surveys, conducting the analysis of Boundary and
Right of Way Survey data for the preparation of Records of Surveys and
Right -of -Way maps, and preparation of Subdivision Maps (Tract Maps
and Parcel Maps), Mr. Navarro's experience also includes preparation of
legal descriptions and exhibits for easements and street dedications,
as well as street, easement and street or alley vacations associated with
projects, or for the stand-alone needs of utility companies and City or County agencies.
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Pablo Naranjo, PE, GE I Geoteci. '.cal
Pablo Naranjo has over 21 years of extensive experience in the materi-
als testing, inspection, and quality services industry. He has extensive
experience with soil subsidence and foundation settlement. He has
M been involved providing foundation repair recommendations in over
t 50 residential, five (5) commercial (hospital, warehouse, school) and
„ three (3) infrastructure (freeway, railroad, MSE wall) projects that had
t.
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ing experience including bridges, levees, mines, earthquake/seismic
design, slope stability analysis, temporary excavation support, rock stability, two (2) years
of experience with rails, and materials engineering. His current focus is on field testing,
site investigation, sampling, soil/rock classification, laboratory analysis, engineering analy-
sis, conclusions, recommendations, geotechnical report preparation, document review,
construction monitoring and post construction observations. His expertise in materials
testing and inspection extends to testing/characterization of materials following nationally
recognized methods of analysis and testing procedures published by ASTM, AASHTO and
Caltrans. He has also devised custom testing programs for validation/verification of materi-
als in accordance with performance/testing criteria established by a variety public agency.
Frank Melo, EIT I Geotechnical
Frank Melo brings over 17 years of experience with a solid background
in quality oversight services for the transportation sector. Extensive
technical background In construction engineering, including construc-
tion quality assurance / quality control, materials testing, geotechnical
engineering, construction materials engineering, structural inspection
and engineering design and analysis. Frank is also experienced with
providing materials reviews, materials designs, quality plan develop-
ment, and third party / referee testing. Frank has performed in-depth
laboratory and field testing of all roadway and structure materials including: Superpave
HMA, Jointed Plain Concrete Pavement, Rapid Strength Concrete, Rebar Splices, Base
Courses, and many other materials. Frank Melo has advanced proficiency with building
codes, agency specifications, government publications, and industry directives that deal
with nearly every type of vertical and horizontal construction project. He assists the MTGIs
Principal and Geotechnical Engineers for any related geotechnical and materials testing
services. He will be responsible for overseeing materials testing and inspection services.
He will also be responsible for preparing and submitting completed reports of all on-site
activities on a daily basis. His work in materials and testing extends to materials evaluation
of structural materials, design/characterization of materials, non-destructive methods of
examination, field "mock-up"con struction evaluation, destructive testing, and materials
suitability analysis.
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Section 4—Experience
Few firms have as much experience with diverse airport projects as C&S. Our staff have
handled almost every type of airport project.The projects included in this section illustrate
our valuable experience on similar on-call and general consultant contracts as well as indi-
vidual projects we've completed recently. All of these projects have been conducted within
the applicable FAA and state -level agency regulations. Our goal is to act as an extension of
your staff so that you can continue to focus on the day-to-day safe operation of your facili-
ties knowing that your important engineering and planning projects are being taken care
of by a trusted partner.
Runway and Taxiway Rehabilitation
Oceanside Municipal Airport I Oceanside, California
C&S designed a rehabilitation to Runway 6-24 and Taxiway A at Oceanside Municipal
Airport.The existing runway surface—a 2 -inch asphaltic pavement overlay on the
original asphalt pavement—showed signs of block cracking, indicating that the as-
phalt binder was failing.There were several ponding areas along the runway caused
by minimal longitudinal and cross slopes on the pavement.The crown of the runway
was about 11 feet south of the centerline, which would affect stability of aircraft
during takeoff and Ianding.The parallel taxiway was also showing signs of distress,
particularly along the joint between the southern taxiway edge and the apron pavement.
Ponding areas caused by the flat slope along thisjoint deteriorated the subgrade under the
pavement.The runway was milled and a new asphaltic pavement overlay placed; however,
the milling was tapered from zero inches along the centerline to two inches at the edge
of pavement and the new overlay thickness varied from three inches at the centerline to
two inches at the edge of pavement.This significantly increased the cross slope, effectively
draining water to the infield areas.The crown of the runway was shifted backto the center-
line, creating a much more predictable surface for operating aircraft. Millings were spread
in the infield areas to provide erosion protection.The runway numbers were also changed
to 7-25 because of a change in magnetic declination.The taxiway received a crack seal and
seal coat treatment, with pavement patching along failing areas of the pavement joint to
the apron. Pavement markings were replaced in their current locations.
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On -Call Aviation Engineering and Planning
Los Angeles County I Los Angeles County, California
C&S was selected in 2011 by the Los
Angeles County Department of Public
Works Aviation Division as one of their
on-call consultants for aviation planning
and engineering. In 2016, the County re -
selected C&S as one of two engineering
firms and the sole consultant for plan-
ning. The County operates Whiteman,
Compton/ Woodley, San Gabriel Valley,
Brackett Field, and General William J. Fox
airports, which serve the general avia-
tion needs of the Los Angeles region.
To date, C&S has completed or initiated
several assignments under the 2016
contract.
Most recently, the planning team concluded a Title VI Program for the five County airports
to ensure compliance with federal and state non-discrimination regulations. C&S is cur-
rently developing a sustainability management plan for the airport system that will guide
the holistic operation and development of the facilities. C&S is applying the Institute for
Sustainable Infrastructure's Envision guidance to this planning process to help integrate
sustainability into future infrastructure projects, consistent with the County's recent adop-
tion of the rating system.
Lastly, C&S is providing the County with support for its development and tracking of its
capital improvement program.The previous term contract involved a number of tasks
orders, including:
Whiteman—An environmental assessment to relocate the airport's terminal building
among other improvements. This project included a variety of planning and envi-
ronmental services as well as preliminary engineering and geotechnical studies. The
County elected to defer the project due to the opening of an existing facility that could
be repurposed.
Compton/Woodley—C&S designed a complete rehabilitation for the parallel runway
and taxiways consistent with updated FAA standards and involving the replacement of
edge lighting.
Brackett Field—Given the high volume of helicopter traffic that the airport handles,
C&S designed three helicopter parking aprons. C&S completed the design on budget
and schedule in which bids were received below the assumed engineers opinion of
cost.
Multiple Airports—C&S reviewed solar opportunities at the five County airports.The
study included a review of potential locations, land use concerns and revenue resourc-
es for each airport. C&S also performed a rules and regulations update and study of all
County airports.
General Aviation Terminal
Springerville Municipal Airport I Springerville, Arizona
Springerville Municipal'Airport's existing general aviation terminal building
was located within the runway visibility zone, so to bring it into compliance
with FAA standards, it had to be removed and a new terminal built in a new lo-
cation on thgairfield. C&S provided programmatic planning, architectural, MEP
design site civil design, and constructability review for the new 4,300 -square -
foot terminal building. The design for this public use facility creates an inviting
entrance and outdoor gathering space for public aviation airport users and the
local flying community.
The design solution required working within several critical constraints, including height
restrictions based on FAA regulations, knowledge and prevention of wildlife hazards, and
developing a design that was sustainable for the area.Though funds were not available to
pursue formal LEED certification, C&S developed the most practical and sustainable design
elements possible for this region, including:
Materials that have high recycled content or are recyclable
Windows that maximize daylight, while controlling heat load
Materials made in northeast Arizona that minimized transportation impacts and reflect
the region's character
Re -use of gray water for landscape water needs
Native, non-invasive landscaping that
Construction recycling for materials and debris
Natural gas fireplace and energy-efficient lighting
These design elements were selected because they contributed to the project's environ-
mental, social, and economic goals.The new facility has a lower impact on the environ-
ment, showcases local resources, and will cost the town less to own and operate than a
conventionally designed facility. The terminal building complements architecture found
in the region, maintaining the character of the town and surrounding environment.The
interior features a wooden open -beam ceiling and elements that reflect a Northern White
Mountain style. The design for this public -use facility also creates an inviting entrance and
outdoor gathering space for public aviation airport users and the local flying community.
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Verminal and Landside Modernization
Charles M. Schulz -Sonoma County Airport I Santa Rosa, California
Sonoma County Airport is currently in the process of a modernization program
for the overall airport. A recent runway extension and taxiway improvements
have allowed airlines to increase operations and aircraft Fleet size. This has novo
impacted the terminal throughput capacity and landside parking/rental car
areas. C&S was selected as the on-call construction and program manager for
a 5 -year term to assist with the overall modernization program. C&S designed
new ADA -compliant sidewalks, signage, and landscaping, which have greatly
improved the passenger experience.
C&S performed construction ob-
servation and inspection on a new
285 -stall parking lot with charg-
ing stations for electric vehicles,
landscape improvements, a bus
stop, and infrastructure for a future
photovoltaic array for the airport.
The next phase will include the
terminal hold room and baggage
area modernization. The project is
being considered for construction
management at risk delivery, which
C&S will lead with the architectural
consultant and future selected
general contractor. This project is
anticipated to be over $25 million.
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Master Water Quality Management Plan
Fullerton Municipal Airport I Fullerton, California
C&S prepared a master water quality management plan that identified best
management practices (BMPs) for future improvements at Fullerton Municipal
Airport. BMPs must typically be implemented for development or redevelop-
ment projects in accordance with state and local water quality regulations.
Fullerton Municipal Airport is owned and operated by the City of Fullerton, and
primarily supports general aviation (business/corporate as well as recreational
aviation) activities on 53 acres of Iand.The landside facilities are limited to the
terminal parking lot, and the airside facilities include a single asphalt runway. Runway 6-24
is approximately 3,121 feet long and 75 feet wide, with parallel taxiways along both sides of
the runway, and helipads.
Airside facilities also include ground-based services that serve aircraft and pilot/passenger
needs, including an administration/terminal building, aircraft storage and maintenance
hangars, aircraft parking aprons, fuel storage, automobile parking, and roadways. Additional
airside facilities include buildings used by various private aviation -related businesses.
C&S conducted a field evaluation/inventory of existing site conditions and identified poten-
tial pollutant sources.The site evaluation included hydrologic delineation to determine flow
patterns and discharge locations, and identify the locations of aboveground storage tanks
and underground storage tanks. C&S reviewed available geotechnical reports, facility maps
with storm drain and drainage information, planned capital improvement projects and ten-
ant improvement projects, the geotracker database, and the airport's water quality data.
The water quality master plan identifies potential BMPs for the airport master plan, new
development areas and implementation strategies that may be necessary for water quality
concerns, and the pollutants of concern. The water quality master plan will provide guid-
ance on the steps necessary for the future implementation of BMPs and low impact devel-
opment techniques.
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Taxiway Safety Area and Infield Improvements
Fullerton Municipal Airport I Fullerton, California
Fullerton Municipal Airport routinely experienced standing water throughout
the infield areas, and flooding into hangar buildings on the north side of the
airfield. C&S prepared a drainage study to analyze existing patterns at the air-
port and, under a previous contract, a master water quality management plan,
(WQMP) that identifed best management practices (BMPs) to be implemented
for development or redevelopment projects in accordance with state and local
water quality regulations.
C&S identified several possible project alternatives to relieve the drainage issues on the
north side of the airfield. Ultimately, an open -graded gravel drainage surface layer was
chosen to increase the natural water infiltration and decrease the size of engineered BMPs
for low -impact development. While the use of an open -graded gravel layer for airfields is a
proven alternative, it is not widely accepted by the FAA, who funded the project through
AIR. C&S provided coordination with the FAA to secure project funding and acceptance of
the cost-effective and sustainable solution for the drainage issues. An expedited design
schedule was required to secure FAA funding schedule deadlines. Bid documents included
revised grading to comply with latest advisory circular requirements and weed abatement
measures.
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Fullerton Municipal Airport Terminal Expansion
Fullerton Municipal Airport I Fullerton, California
The City of Fullerton Selected C&S Companies to render programming and
bridging documentation design services for a General Aviation Terminal Expan-
sion. The project will consist of modernization features for the existing terminal
building along with an expansion and several necessary site improvements.
The key to this design was to keep the unique Fullerton style in tact while still
maintaining the future growth and expansion of the airport.
C&S led the programming efforts and developed a bases of design in order for bridging
documents to be used for RFP.The City will then create an RFQ/RFP process and select a
design builder to design and construct the facility. C&S will then assist in design builder
selection and assure compliance with FAA procurement requirements. The City has also
considered C&S for both construction management of the proposed project and the initial
study efforts. The project selection process will take place in spring of 2020.
C 5
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FUL CEQA Initial Study -New Terminal Building
Fullerton Municipal Airport I Fullerton, California
The C&S Companies was contracted by the City of Fullerton to assist with
the California Environmental Quality Act (CEQA) compliance for the Fullerton
Municipal Airport's (Airport) New Terminal Building project (proposed project).
Specifically, C&S assisted in the preparation of an Initial Study — Negative Decla-
ration including the necessary technical studies specific to the Airport and the
proposed project The technical studies prepared by C&S included analyses for
vehicular traffic, temporary construction noise, and air quality.
The proposed project consists of the construction of a new 7,950 square foot (SF) two-story
terminal building with the associated site and parking lot modihcations.The purpose of the
proposed project is to expand the capacity of the current terminal building to accommo
date the existing needs of the Airport as well as provide revenue generation opportunities
through three new multipurpose rooms that will be available to the public to rent.The first
Floor of the proposed project will contain offices that will be utilized by existing staff The
second Floor will hold three multipurpose rooms (1,600 SF) that will be used for meetings
and/or events. Additionally, the proposed project will involve relocating the existing drive-
way as well as installing additional parking spaces, remarking existing parking spaces, and
modifying the sidewalks.
— ------ ----- -- —
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Runway Rehabilitation
Imperial County Airport I EI Centro, California
C&S designed pavement improve-
ments to Runway 14-32 and the
connector taxiways at Imperial
County Airport.
An airport pavement management
update report performed in 2014
indicated that the pavement had
a PCI value of 66. Pavements with
a PCI value above 65 are recom-
mended for a maintenance treat-
ment. Based on a site visit in 2017,
a crack seal/repair and seal coat
was determined to be the appro-
priate treatment method. The seal
coat meets FAA P-608 specifica-
tions and is polymer modified to
extend the life of the seal coat.
Friction testing was performed on
the new seal coat to ensure the
surface roughness was sufficient
to meet specifications and allow
aircraft to operate safely. The main-
tenance treatment was placed up
to the hold bars on the connec-
tor taxiways to prevent having to
close the runway again for a future
project to rehabilitate the parallel
taxiway. New pavement markings
were applied after the seal coat
cured. The runway markings were
also adjusted to meet current FAA
spacing requirements.
I��
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Section 5—Subconsultants
For this contract, C&S has teamed with three Southern California-based partners who will
bring important skills that complement our in-house team of experts.These partners in-
clude Development One, Inc. For architecture services, GGI Survey and Mapping for survey
services, and MTGL, Inc. for geotechnical and environmental services.
Development One, Inc. is an architecture and project management firm based in Orange
County, California. The firm specializes in the design, repair, and remodel of mission critical
facilities. For over 30 years, Development One has offered a wide range of services, includ-
ing architecture, project management, building information modeling (B.I.M.), feasibility
Studies & Master Planning, geographical Information Systems (G.I.SJ, space planning,
sustainable design/ LEED, quality control /change order prevention, construction admin-
stration, airfield experience. Development One has completed a wide range of projects
that take place either on, or adjacent to an active airfield. a sampling of these project types
includes: air traffic control towers, mission control buildings, air operations facilities, hangar
design and repairs, runway and taxiway repairs, aircraft refueling stations, support facilities.
These projects have been for clients such as the City of Fullerton, NASA, the U.S. Air Force,
John Wayne
Guyett Geomatics, Inc. (GGI) .Survey
Guyett Geomatics, Inc. (GGI) understands that a key element to designing a successful
project is the delivery of complete and accurate survey data to serve as the foundation of
the design. With over 20 years of surveying experience in commercial, industrial/office and
public works projects, as well as private land development projects, GGI is qualified to pro-
vide a complete range of surveying services.Their combination of state-of-the-art technol-
ogy and a well-trained and experienced staff gives GGI the ability to deliver accurate and
professional surveying products such as boundary surveys, topographic surveys, design
surveys, aerial topographic surveys, control surveys, settlement -monitoring surveys, as -
built surveys and construction layout. GGI Is also well versed in generating ALTA/land title
surveys, subdivision maps such as parcel maps or final (tract) maps, condominium plans, lot
line adjustments, lot mergers, certificates of compliance, records of surveys, as well as legal
descriptions/exhibits for street and/or easement dedications or vacations.
MTGL, Inc. I Geotechnical
MTGL has over 26 years of extensive experience in providing an array of quality and over-
sight services including: geotechnical engineering, environmental engineering, materials
testing, special inspection and laboratory testing services to public and/or private sector
projects throughout the Southern California. MTGL and its staff have experience providing
the services described in the RFQ. Their experience includes numerous landside and airside
projects for nearly every major airport in Southern California. Their experience also includes
landside and airside defense projects. MTGL has extensive history with providing geo-
technical engineering, materials testing and inspection to numerous neighboring airports
including Los Angeles International Airport (LAX), John Wayne Airport, and Burbank Airport.
MTGILs largest and most accomplished airport project was theTom Bradley West Interna-
tional Terminal expansion project that occurred between 2010-2013.
I iViiUPMFNTONE INC
99/
EXHIBIT C
CERTIFICATES OF INSURANCE
A(..CJKLJ CERTIFICATE OF LIABILITY INSURANCEDATE IMMIDDIYYYYI
Il6/2412019
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 rlqhts to the certificate holder in lieu of such endorsementisi.
PRODUCER
Haylor, Freyer & Coon, Inc.
231 Salina Meadows Parkway
P.O. Box 4743
Syracuse NY 13221
INSURED CSENGINEER
C&S Engineers, Inc., C&S Architects
Engineers & Landscape Architect, PLLC
499 Col Eileen Collins Blvd.
Syracuse NY 13212
COVFRCQFS !`GOTICI!`ATC AIIIM[3COnennaroov �
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NAME:- 1-Isa Sllpertic
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,
PHO
, no, Earl: 315453-2177 (N , No):
HAVE BEEN REDUCED BY PAID CLAIMS.
INSR - 'ADDVSU6R - - -
L,TR._. TYPEOFINSURANCE : PDLILYEFF POMDMY(P
PODLY NUMBER _ _ILMMIDDIYYYY1LMMIDO%YYY LIMITS
aoosesS: Istipetic ri:haylor.com
_
7/1/2019 7/1/2020 1 TACH OCCURRENCE $1,000,000
. CLAIMS -MADE 1XI OCCUR
INSURERS) AFFORDING COVERAFG�E
NAICM
/ PREMISES;Ea ocr a,,re, $ 300,000
MED EXP (Any cne P ,son) $10,G00
[/�j/_
INSURER A: Travelers Indemnity Company )/"-Y- ,f
25658
GEN'L AGGREGATE LIMIT APPLIES PER:
INSURER B; Travelers Indemnity Co of Connecticut /
25682
/�( UL< V
INSURER C; Tra velers Casualty Ins Co of America �x, V
19046
OTHER:
INSURER D:
8 AUTOMOBILE LIABILITY !. Y Y BA2N15925219AG
--_7IV2079 7!112020 ;COMBINED SINGLE IIMrt
INSURER E :
'Ea00 sccidenU $1,000,000
COVFRCQFS !`GOTICI!`ATC AIIIM[3COnennaroov �
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 - 'ADDVSU6R - - -
L,TR._. TYPEOFINSURANCE : PDLILYEFF POMDMY(P
PODLY NUMBER _ _ILMMIDDIYYYY1LMMIDO%YYY LIMITS
A j X COMMERCIAL GENERAL LIABILITY I Y Y P6307E8743771ND19
_
7/1/2019 7/1/2020 1 TACH OCCURRENCE $1,000,000
. CLAIMS -MADE 1XI OCCUR
DAMAGE T,. RENTS]
_
- Y` Conlradual
/ PREMISES;Ea ocr a,,re, $ 300,000
MED EXP (Any cne P ,son) $10,G00
LiabiL, _..—.... _. I
PERSONAL 6ADV INJURY $1000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERALAGGREGATE $2000,000
PRO-
' POLICY LOG
/�( UL< V
JECT
t 4 PRODUCTS - COMP/OPAGG $2,000,000
OTHER:
S
8 AUTOMOBILE LIABILITY !. Y Y BA2N15925219AG
--_7IV2079 7!112020 ;COMBINED SINGLE IIMrt
'Ea00 sccidenU $1,000,000
X 'ANY AUTO
_
1 BODILY INJURY (Perperson) $
OWNED SCHEDULED
.AUTOS ONLY I AUTOS
BODILY INJURY (Per aeadent) $
HIRED NON -OWNED I
AUTOS ONLY '... AUTOSONLY
PROPERTY DAMAGE
'., Pera¢idont{ $
-
$
A UMBRELLALIAB X OCCUR Y Y ZUP15S4388119NF
- 7/1/2019 711/2020 EACH OCCURRENCE - $25,000,000
X EXCESS AB CLAIMS -MADE j
LIDRETENTION
.-
FAGGREGATE $25000000
S
C WORKERS COMPENSATION Y D137K6963971943G
7/112019 711/2020 X STATUTE
AND EMPLOYERS' LIABILITY
11
YINOFFICE
ERH
ANYPROPRIETORPARTNCMEXECUTIVE 1
RCXCLUDEDP FN 1 N/A
EL EACHACCIDENT $7000,000_-_
(Mandatory inN
Use, dtpry in NH)
UseDyes, describe under
,
EL. DISEASE - EA EMPLOYEE..$ 1,000,000
OF OPERATIONS helow _
E.L. DISEASE -POLICY LIMIT $1,000,000
I
I
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORO 101, Additional Remarks Schedule, may he attached if more space Is required)
See Attached Acord 101
Project: Fullerton Airport - General Services Agreement
JAN0
3 12020 202U
HUMAN RESOURCES
City of Fullerton
4011 W. Commonwealth Ave
Fullerton CA 92833
AGVKU YD tYU1tUU3)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD
The ACORD name and logo are registered marks of ACORD
reserved.
AGENCY CUSTOMER IO: CSENGINEER
LOC R:
ADDITIONAL REMARKS SCHEDULE Pagel of
AGENCY N EDMSURED
Haylor, Freyer&Coon, Inc. _ C&S Engineers, Inc.
POLICY NUNSER C&S Architects Engineers & Landscape Architect, PLLC.
____T ODE 499 Col Eileen Collins Blvd., Syracuse, NY 13212
CARRIER
EFFEFFECTNE DATE:-__�--�- -
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
Forms Enclosed:
General Liability:
CG T8 xx (10/14) - Blanket Additional Insured (Contractors) - New York
CG F4 89 (10/08) - Architects, Engineers and Surveyors IndustryEdge Endorsement - New York
IL T4 05 (03/11) Designated Entity Notice of Cancellation Provided By Us
Automobile:
CA T4 74 (02116) - Blanket Additional Insured- Primary and Non -Contributory with Other Insurance
CA T9 60 (06105) - New York Business Auto Coverage Extension Form
Workers Compensation:
WC 00 03 13 (00) - Waiver of Our Right to Recover from Others Endorsement
Umbrella:
XP 0165 (02114) - Amendment - Other Insurance - Designated Persons or Organizations
XP 00 91 (10116) - Waiver of Rights of Recovery From Others
XP 01 53 (02/14) - Aggregate Limit Applies on a Per Project Basis
101
B 2000 ACORD CORPORATION. All rights reserved.
I ne ACORO name and logo are registered marks of ACORD
P6307E8743771 N D 19
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS) - NEW YORK
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED — (Section II) is amended
to include any person or organization you are re-
quired to include as an additional insured on this
policy by a written contract or written agreement
in effect during this policy period and signed and
executed by you prior to the loss for which cover-
age is sought The person or organization does
not qualify as an additional insured with respect to
the independent acts or omissions of such person
or organization. The person or organization is on-
ly an additional insured with respect to liability
caused by "your work" for that additional insured.
2. The insurance provided to the additional insured
is limited as follows:
a) In the event that the limits of liability stated in
the policy exceed the limits of liability required
by a written contract or written agreement in
effect during this policy period and signed and
executed by you prior to the loss for which
coverage is sought, the insurance provided
by this endorsement shall be limited to the
limits of liability required by such contract or
agreement. This endorsement shall not in-
crease the limits stated in Section III — LIMITS
OF INSURANCE.
b) The insurance provided to the additional in-
sured does not apply to "bodily injury", "prop-
erty damage", "personal injury" or "advertising
injury" arising out of an architect's, engineer's
or surveyor's rendering of or failure to render
any professional services including:
1. The preparing, approving or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders, or drawings and specifica-
tions; and
It. Supervisory or inspection activities per-
formed as part of any related architectural
or engineering activities.
c) This insurance does not apply to "bodily inju-
ry" or "property damage" caused by "your
work" included in the "products -completed
operations hazard" unless you are required to
provide such coverage for the additional in-
sured by a written contract or written agree-
ment in effect during this policy period and
signed and executed by you prior to the loss
for which coverage is sought and then only
for the period of time required by such con-
tract or agreement and in no event beyond
the expiration date of the policy.
3. Subpart (1)(a) of the Pollution exclusion under
Paragraph 2., Exclusions of Bodily injury and
Property Damage Liability Coverage (Section I —
Coverages) does not apply to you if the "bodily in-
jury" or "property damage" arises out of "your
work" performed on premises which are owned or
rented by the additional insured at the time "your
work" is performed.
4. The insurance provided to the additional insured
by this endorsement is excess over any valid and
collectible other insurance, whether primary, ex-
cess, contingent or on any other basis, that is
available to the additional insured for a loss we
cover under this endorsement. However, if a writ-
ten contract or written agreement in effect during
this policy period and signed and executed by you
prior to the loss for which coverage is sought
specifically requires that this insurance apply on a
primary basis or a primary and non-contributory
basis, this insurance is primary to other insurance
available to the additional insured which covers
that person or organization as a named insured
for such loss, and we will not share with that other
insurance. But the insurance provided to the addi-
tional insured by this endorsement still is excess
over any valid and collectible other insurance,
whether primary, excess, contingent or on any
other basis, that is available to the additional in -
CG T8 xx 10 14 Copyright 2014 The Travelers Indemnity Company. All rights reserved. Page 1 of 2
COMMERCIAL GENERAL LIABILITY
sured when that person or organization is an ad-
ditional Insured under such other insurance.
S. As a condition of coverage, each additional
insured must:
a.) Give us written notice of any "occurrence" or
offense which may result in a claim and writ-
ten notice of "suit" as soon as reasonably
possible.
b.) Immediately forward all legal papers to us,
cooperate in the Investigation or settlement of
the claim or defense against the "suit," and
otherwise comply with policy conditions.
c.) Tender the defense and indemnity of any
claim or "suit" to any other insurer which also
insures against a loss we cover under this
endorsement. This includes, but is not limited
to, any insurer which has issued a policy of
insurance in which the additional insured
qualifies as an insured. For purposes of this
requirement, the term "insures against" refers
to any self-insurance and to any insurer which
issued a policy of insurance that may provide
coverage for the loss, regardless of whether
the additional insured has actually requested
that the insurer provide the additional insured
with a defense and/or Indemnity under that
policy of insurance.
d.) Agree to make available any other insurance
that the additional Insured has for a loss we
cover under this endorsement.
However, paragraphs 5.c.) and d.) above do not
affect whether the insurance provided to the addi-
tional insured by this endorsement is primary to
other insurance available to the additional insured
which covers that person or organization as a
named insured as described in paragraph 4.
above.
Page 2 of 2 Copyright 2014 The Travelers Indemnity Company. All rights reserved. CG 18 xx 10 14
COMMERCIAL GENERAL LIABILITY
Policy# P6307EB74377IND19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ARCHITECTS, ENGINEERS AND SURVEYORS
INDUSTRYEDGEsm ENDORSEMENT — NEIN YORK
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any
injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover-
age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. Broadened Named Insured
B. Incidental Medical Malpractice
C. Reasonable Force — Bodily Injury Or Property
Damage
D. Non -Owned Watercraft — Increased To Up To 75
feet
E. Aircraft Chartered With Pilot
F. Extension Of Coverage — Damage To Premises
Rented To You
G. Personal Injury—Assumed by Contract
H. Increased Supplementary Payments
I. Additional Insured — Owner, Manager Or Lessor
Of Premises
J. Additional Insured — Lessor Of Leased Equipment
K. Additional Insured — State Or Political Subdivi-
sions — Permits Relating To Premises
L. Additional Insured — State Or Political Subdivi-
sions — Permits Relating To Operations
PROVISIONS
A. BROADENED NAMED INSURED — UNNAMED
SUBSIDIARIES
The Named Insured in Item 1. of the Declarations
is amended as follows:
The person or organization named in Item 1. of
the Declarations and any organization, other than
a partnership, joint venture, limited liability Com-
pany or trust, of which you are the sole own?r nr
in which you maintain the majority ownership in-
M. Who Is An Insured — Newly Acquired Or Formed
Organizations
N. Injury To Co -Employees And Co -Volunteer Work-
ers
O. Medical Payments Limit
P. Knowledge And Notice Of Occurrence Or Offense
Q. Other Insurance Condition
R. Ufilntentionai Omission
S. Waiver Of Transfer Of Rights Of Recovery
Against Others To Us When Required By Con-
tract
T. Amended Bodily Injury Definition
U. Amended Insured Contract Definition — Railroad
Easement
V. Additional Definition — Written Contract Requiring
Insurance
terest on the effective date of the policy. How-
ever, coverage for any such additional organiza-
tion will cease as of the date, if any, during the
policy period, that you no longer are the sole
owner of, or maintain the majority ownership in-
terest in, such organization.
B. INCIDENTAL MEDICAL MALPRACTICE
1. The following is added to the definition of "oc-
currence" in the DEFINITIONS Section:
Unless you are in the business or occupation
of providing professional health care services,
CG F4 8910 08 ® 2008 The Travelers Companies, Inc. Page 1 of 8
COMMERCIAL GENERAL LIABILITY
violations arising out of the use of any
vehicle to which the Bodily Injury Liability
Coverage applies. We do not have to fur-
nish these bonds.
2. The following replaces Paragraph i.d. of
SUPPLEMENTARY PAYMENTS — COVER-
AGES A AND B of SECTION 1 — COVER-
AGES:
d. All reasonable expenses incurred by the
insured at our request to assist us in the
Investigation or defense of the claim or 3
"suit", including actual loss of earnings up
to $500 a day because of time off from
work.
1. ADDITIONAL INSURED — OWNER, MANAGER
OR LESSOR OF PREMISES
1. The following is added to SECTION II — WHO
IS AN INSURED:
Any person or organization that you have
agreed in a "written contract requiring Insur-
ance" to include as an additional insured on
this Coverage Part is an'ihsured, but:
a. Only with respect to liability for "bodily in-
jury" or "property damage" that occurs, or
"personal injury" caused by an offense
committed, after you have entered into
that "written contract requiring insurance";
and
b. Only if the "bodily injury", "property dam-
age" or "personal injury" is caused, in
whole or in part, by acts or omissions of
you or any person or organization per-
forming operations on your behalf, and
arises out of the ownership, maintenance
or use of that part of any premises leased
to you under that "written contract requir-
ing insurance".
2. The insurance provided to such additional in-
sured under this Provision t. is subject to the
following provisions:
a. The limits of insurance afforded to such
additional insured shall be the limits
which you agreed to provide in the "writ-
ten contract requiring insurance", or the
limits shown in the Declarations for this
Coverage Part, whichever are less; and
b. The insurance afforded to such additional
insured does not apply to:
PDlicy# P6307E8743771ND19
caused by an offense committed, af-
ter you cease to be a tenant In that
premises;
(2) Any structural alterations, new con-
struction or demolition operations
performed by or on behalf of such
additional insured; or
(3) Any premises for which coverage is
excluded by another endorsement to
this Coverage Part.
This Provision 1. does not apply on any basis
to any person or organization for which cov-
erage as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
J. ADDITIONAL INSURED —LESSOR OF LEASED
EQUIPMENT
1. The following is added to SECTION II —WHO
IS AN INSURED:
Any person or organization that you have
agreed in a 'written contract requiring insur-
ance" to include as an additional insured on
this Coverage Part is an insured, but:
a. Only with respect to liability for "bodily in-
jury" or "property damage" that occurs, or
"personal injury" caused by an offense
committed, after you have entered into
that "written contract requiring insurance";
and
b. Only if the "bodily injury", "property dam-
age" or "personal injury" is caused, In
whole or in part, by acts or omissions of
you or any person or organization. per-
forming operations on your behalf, in the
maintenance, operation or use of equip-
ment leased to you by such additional in-
sured.
2. The insurance provided to such additional in-
sured under this Provision J. is subject to the
following provisions:
a. The limits of insurance afforded to such
additional insured shall be the limits
which you agreed to provide in the 'writ-
ten contract requiring insurance", or the
limits shown in the Declarations for this
Coverage Part, whichever are less; and
b. The Insurance afforded to such additional
Insured does not apply:
";-Any "bodily injury" or "property dam- 1 To an "bodily injury" or"property
age" that occurs, or "personal injury" O y y ur , o .
damage" that occurs, or "personal in -
Page 4 of 8 9 2008 The Travelers companies, Inc. CG F4 89 10 08
jury' caused by an offense commit-
ted, after the equipment lease ex-
pires; or
(2) If the equipment is leased with an
operator.
3. This Provision J. does not apply on any basis
to any person or organization for which cov-
erage as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
K. ADDITIONAL INSURED — STATE OR POLITI-
CAL SUBDIVISIONS — PERMITS RELATING TO
PREMISES
The following is added to SECTION II — WHO IS
AN INSURED:
Any state or political subdivision that has issued a
permit in connection with premises owned or oc-
cupied by, or rented or loaned to, you, is an in-
sured, but only with respect to "bodily injury",
"property damage", "personal injury" or "advertis-
ing injury" arising out of the existence, ownership,
use, maintenance, repair, construction, erection
or removal of advertising signs, awnings, cano-
pies, cellar entrances, coal holes, driveways,
manholes, marquees, hoist away openings, side-
walk vaults, elevators, street banners or decora-
tions for which that state or political subdivision
has issued such permit.
L. ADDITIONAL INSURED — STATE OR POLITI-
CAL SUBDIVISIONS — PERMITS RELATING TO
OPERATIONS
The following is added to SECTION 11— WHO IS
AN INSURED:
Any state or political subdivision that has issued a
permit is an insured, but only with respect to "bod-
ily injury", "property damage", "personal injury" or
"advertising injury" arising out of operations per-
formed by you or on your behalf for which that
state or political subdivision has issued such
permit. However, no such state or political subdi-
vision is an insured for:
1. "Bodily injury", "property damage", "personal
injury" or "advertising injury" arising out of op-
erations performed for that state or political
subdivision; or
COMMERCIAL GENERAL LIABILITY
P0licy # Ps 7Ee743mND19
M. WHO IS AN INSURED — NEWLY ACQUIRED
OR FORMED ORGANIZATIONS
The following replaces Paragraph 4.a, of SEC.
TION If — WHO IS AN INSURED:
a. Coverage under this provision Is afforded only
until the 180th day after you acquire or form
the organization or the end of the policy pe-
riod, whichever is earlier. Any such newly ac-
quired or formed organization that you report
in writing to us within 180 days after you ac-
quire or form the organization will be covered
under this provision until the end of the policy
period, even if there are more than 180 days
remaining until the end of the policy period.
N. INJURY TO CO -EMPLOYEES AND CO -
VOLUNTEER WORKERS
The following is added to SECTION II — WHO IS
AN INSURED:
1. Your "employees" are insureds with respect
to "bodily injury' to a co -"employee" in the
course of the co"employee's" employment by
you, or to your 'volunteer workers" while per-
forming duties related to the conduct of your
business, provided that this coverage for your
"employees" does not apply to acts outside
the scope of their employment by you or while
performing duties unrelated to the conduct of
your business.
2. Your "volunteer workers" are insureds with
respect to "bodily injury" to a co -"volunteer
worker" while performing duties related to the
conduct of your business, or to your "employ-
ees" in the course of the "employee's" em-
ployment by you, provided that this coverage
for your "volunteer workers" does not apply
while performing duties unrelated to the con-
duct of your business.
3. Subparagraphs 2.a.(1)(a), (b) and (c) and
3.a. of SECTION II — WHO IS AN INSURED
do not apply to "bodily injury" for which insur-
ance is provided by paragraph 1. or 2. above.
4. This coverage does not apply to the extent
that the insured is covered under the New
York Workers Compensation Law.
O. MEDICAL PAYMENTS LIMIT
2. "Bodily injury" or "property damage" included The following replaces paragraph 7. of SECTION
within the "products — completed operations III —LIMITS OF INSURANCE:
hazard" Subject to 5. above, the Medical Expense Limit is
the most we will pay under Coverage, C,,. for aq
medical expenses because of "bodily injury" sus -
CG F4 89 10 08 ® 2008 The Travelers Companies, Inc. Page 5 of 8
COMMERCIAL GENERAL LIABILITY Policy # P8307E8743771ND19
tained by any one person, and will be the higher
cover under Coverages A or B of this
of:
Coverage Part, our obligations are limited
a. $10,000; or
as follows:
b. The amount shown on the Declarations
a. Primary Insurance
for Medical Expense Limit.
This insurance is primary except
P. KNOWLEDGE AND NOTICE OF OCCUR-
when b. below applies, if this insur-
RENCE OR OFFENSE
ance is primary, our obligations are
not affected unless any of the "other
The following is added to Paragraph 2. Duties In
insurance" Is also primary. Then, we
The Event of Occurrence, Offense, Claim Or
will share with all that "other insur-
Suit of SECTION IV— COMMERCIAL GENERAL
ance" by the method described in c.
LIABIUTY CONDITIONS:
below.
Notice of an "occurrence" or of an offense which
b. Excess Insurance
may result in a claim must be given as soon as
practicable after knowledge of the "occurrence" or
This Insurance is excess over any of
offense has been reported to you, one of your
the "other insurance", whether pri-
"executive officers" (if you are a corporation), one
mary, excess, contingent or on any
of your partners who is an individual (if you are a
other basis:
partnership), one of your managers (if you are a
(1) That is Fire, Extended Coverage,
limited liability company), one of your trustees
Builder's Risk, Installation Risk,
who Is an Individual (if you are a trust), or an
or similar coverage for "your
"employee" (such as an insurance, loss control or
work";
risk manager or administrator) designated by you
{2} That is Fire insurance for prem -
to give such notice.
ises rented to you or temporarily
Knowledge by any other "employee" of an "occur-
occupied by you with permission
rence" or offense does not imply that you also
of the owner;
have such knowledge.
(3) That is insurance purchased by
Notice of an "occurrence" or of an offense which
you to cover your liability as a
may result in a claim will be deemed to be given
tenant for "property damage" to
as soon as practicable to us if it is given in good
premises rented to you or tempo -
faith as soon as practicable to your workers' com-
rarily occupied by you with per-
pensation, accident, or health insurer. This ap-
mission of the owner; or
plies only if you subsequently give notice of the
(4) If the Toss arises out of the main -
"occurrence" or offense to us as soon as practi-
tenance or use of aircraft,
cable after you, one of your "executive officers" ('If
"autos", or watercraft to the ex -
you are a corporation), one of your partners who
tent not subject to Exclusion g, of
is an individual (if you are a partnership), one of
Section I — Coverage A — Bodily
your managers (if you are a limited liability com-
Injury And Property Damage Li-
pany), one of your trustees who is an individual (if
ability; or
you are a trust), or an "employee" (such as an in-
surance, loss control or risk manager or adminis-
(5) That is avatlable to the insured
trator) designated by you to give such notice dis-
when the insured is an additional
covers that the "occurrence" or offense may in-
insured under any other policy,
volve this policy.
including any umbrella or excess
policy,
Q. OTHER INSURANCE CONDITION
1. The following replaces Paragraph 4., Other
When this insurance is excess, we
will have no duty under Coverages A
Insurance of SECTION IV — COMMERCIAL
or 8 l defend the insured against
GENERAL LIABILITY CONDITIONS:
any "suit" if any provider of "other in -
4. Other Insurance
surance" has a duty to defend the in -
If valid and.collectible "other insurance" is
sured,against.that "suit". If no pro -
available to the -insured for a loss we
Jider of "other insurance" defends,
Page 6 of 8 0 2008 The Travelers Companies, Inc. CG F4 89 10 08
we will undertake to do so, but we will
be entitled to the insured's rights
against all those providers of "other
insurance".
When this insurance is excess over
"other insurance", we will pay only
our share of the amount of the loss, If
any, that exceeds the sum of:
(1) The total amount that all such
"other insurance" would pay for
the loss in the absence of this in-
surance; and
(2) The total of all deductible and
self-insured amounts under that
"other insurance".
We will share the remaining loss, if
any, with any "other insurance" that is
not described in this Excess Insur-
ance provision.
c. Method Of Sharing
If all of the "other insurance" permits
contribution by equal shares, we will
follow this method also. Under this
approach each provider of insurance
contributes equal amounts until it has
paid its applicable limit of insurance
or none of the loss remains, which-
ever comes first.
If any of the "other insurance" does
not permit contribution by equal
shares, we will contribute by limits.
Under this method, the share of each
provider of insurance is based on the
ratio of its applicable limit of insur-
ance to the total applicable limits of
insurance of all providers of insur-
ance.
2. The following definition is added to SECTION
V — DEFINITIONS:
"Other insurance":
a. Means insurance, or the funding of
losses, that is provided by, through or on
behalf of:
(1) Another insurance company;
(2) Us or any of our affiliated insurance
companies, except when the Non
cumulation of Each Occurrence Limit
section of Paragraph 5. of. LIMITS OF
;,
DURANCE (Sebtiori ItI) or the Non
cumulation of Personal and Advertis-
COMMERCIAL GENERAL LIABILITY
Policy# P6307E8743771ND19
Ing Injury limit sections of Paragraph
4. of LIMITS OF INSURANCE (Sec-
tion til) applies;
(3) Any risk retention group;
(4) Any self-insurance method or pro-
gram, other than any funded by you
and over which this Coverage Part
applies; or
(5) Any similar risk transfer or risk man-
agement method.
b. Does not include umbrella insurance, or
excess insurance, that you bought spe-
cifically to apply in excess of the Limits of
Insurance shown on the Declarations of
this Coverage Part.
R. UNINTENTIONAL OMISSION
1. The following is added to Paragraph 6. Rep-
resentations of SECTION IV — COMMER-
CIAL GENERAL LIABILITY CONDITIONS:
The unintentional omission of, or uninten-
tional error in, any information provided by
you which we relied upon in issuing this policy
shall not prejudice your rights under this in-
surance.
2. This Provision R. does not affect our right to
collect additional premium or to exercise our
right of cancellation or nonrenewal in accor-
dance with applicable insurance laws or regu-
lations.
S. WAIVER OF TRANSFER OF RIGHTS OF RE-
COVERY AGAINST OTHERS TO US WHEN
REQUIRED BY CONTRACT
The following is added to Paragraph 8. Transfer
of Rights of Recovery Against Others to Us of
SECTION IV — COMMERCIAL GENERAL Lk
ABILITY CONDITIONS:
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage", "personal injury" or "advertising injury"
arising out of:
1. Premises owned by you, temporarily occu-
pied by you with permission of the owner, or
leased or rented to you;
2. Ongoing operations performed by you, or on
your behalf, under a contract or agreement
with that person or organization;
3. "Your work"; or
4. "Your products".
CG F4 89 10 08 02008 The Travelers Companies, Inc. Page 7 of 8
COMMERCIAL GENERAL LIABILITY
We waive these rights only where you have
agreed to do so as part of a "written contract re-
quiring insurance" entered into by you before, and
in effect when, the "bodily injury" or "property
damage" occurs, or the "personal injury" offense
or "advertising injury" offense is committed.
T. AMENDED BODILY INJURY DEFINITION
The following replaces the definition of "bodily
injury" in the DEFINITIONS Section:
"Bodily injury" means bodily injury, mental an-
guish, mental injury, shock, fright, disability, hu-
miliation, sickness or disease sustained by a per-
son, including death resulting from any of these at
any time.
U. AMENDED INSURED CONTRACT DEFINITION
—RAILROAD EASEMENT
1. Subparagraph c. of the definition of 'Insured
contract" in the DEFINITIONS Section is re-
placed by the following:
c. Any easement or license agreement;
Policy# P6307E8743771ND19
2. Subparagraph f.(1) of the definition of 'in-
sured contract" In the DEFINITIONS Section
is deleted.
V. ADDITIONAL DEFINITION — WRITTEN CON-
TRACT REQUIRING INSURANCE
The following definition is added to the DEFINI-
TIONS Section:
"Written contract requiring insurance" means that
part of any written contract or written agreement
under which you are required to include a person
or organization as an additional insured on this
Coverage Part, provided that the "bodily injury"
and "property damage" occurs, and the "personal
injury" is caused by an offense committed:
a. After the signing and execution of the contract
or agreement by you;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period
Page 8 of 8 0 2008 The Travelers Companies, Inc. CG F4 89 10 D8
P6307E8743771ND19
POLICY NUMBER: & UBTK6963971943G
,BA2N15925219AG
ISSUE DATE: 07/01/2019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED ENTITY - NOTICE OF
CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice of Cancellation:
PERSON OR
ORGANIZATION:
ANY PERSON OR ORGANIZATION THAT IS A CERTIFICATE HOLDER OF A
CERTIFICATE OF INSURANCE ISSUED FOR YOU THAT:
1. REFERS TO THIS POLICY AND STATES THAT NOTICE OF CANCELLATION OR
NONRENEWAL OF THIS POLICY WILL BE PROVIDED TO THAT PERSON OR
ORGANIZATION; AND
2. IS IN EFFECT, AND IS ON FILE AT THE OFFICE OF YOUR AGENT OR
BROKER FOR THIS POLICY, AT THE TIME OF THE CANCELLATION OR
NONRENEWAL.
ADDRESS:
THE ADDRESS SHOWN FOR THAT PERSON OR ORGANIZATION IN THAT CERTIFICATE
OF INSURANCE.
PROVISIONS:
If we cancel this policy for any statutorily permitted
reason other than nonpayment of premium, and a
number of days is shown for cancellation in the
schedule above, we will mail notice of cancellation to
the person or organization shown in the schedule
30
above. We will mail such notice to the address shown
in the schedule above at least the number of days
shown for cancellation in the schedule above before
the effective date of cancellation.
IL T4 05 03 11 02011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1
COMMERCIAL AUTO
Policy # BA21\115925219AG
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily Injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person'sor organization's liability for the
conduct of another "insured".
2. The following is added to Paragraph B.S., Other
Insurance of SECTION IV — BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury' or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.
CA T4 74 02 16 ® 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance services Office, Inc. with its permission.
COMMERCIAL AUTO
Policy# BA21\115925219AG
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NEW YORK BUSINESS AUTO COVERAGE
EXTENSION FORM
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement,
the provisions of the Coverage Form apply unless modi-
fied by the endorsement.
A. BROAD FORM NAMED INSURED
earnings up to $500 a day because of time off
SECTION 11 — LIABILITY COVERAGE, A. 1.
from work.
Who Is An Insured provision is amended by add-
D. HIRED CAR— WORLDWIDE COVERAGE
Ing the following:
SECTION 11 — LIABILITY COVERAGE, A.2.
d. Any business entity newly acquired or formed.
Coverage Extensions is amended by adding the
by you during the policy period, provided you
following extension:
own 50% or more of the business entity and
c. Hired Car— Worldwide Coverage
the business entity is not separately insured
for Business Auto Coverage. Coverage is ex-
(1) We will pay all sums an "insured" legally
tended up to a maximum of 180 days follow-
must pay as damages because of "bodily
ing acquisition or formation of the business
injury" or "property damage" to which this
entity.
insurance applies, caused by an "acci-
B. EMPLOYEES AS INSURED
dent" which occurs outside the United
States of America, the territories and
SECTION 11— LIABILITY COVERAGE, A.I. Who
possessions of the United States of
Is An Insured is amended by adding the follow-
America, Puerto Rico, and Canada result-
ing:
ing from the operation, maintenance, or
e. If you are not a sole proprietor, any "em-
use of any covered "auto" of the private
ployee" of yours is an "insured" while using, in
passenger type you lease, hire, rent, or
the course and scope of your business at the
borrow without a driver for 30 days or
time of an "accident", a covered "auto" you
less.
don't own, hire or borrow.
(2) With respect to any daim made or "suit"
If you are a sole proprietor, any "employee" of
instituted outside the United States of
yours is an "insured" while using, in the
America, the territories and possessions
course and scope of your business or per-
of the United States of America, Puerto
sonal affairs at the time of an "accident", a
Rico, and Canada:
covered "auto" that you don't own, hire or bor-
(a) You shall undertake the investigation,
row.
settlement, and defense of such
C. COVERAGE EXTENSIONS — SUPPLEMEN-
claims and "suits" and keep us ad-
TARY PAYMENTS
vised of all proceedings and actions.
SECTION If — LIABILITY COVERAGE, A. 2. Cov-
(b) You will not make any settlement
erage Extensions, a. Supplementary Payments
without our consent.
subparagraphs (2) and (4) are deleted and re-
(c) We will reimburse you:
placed by the following:
(1) For the amount of damages be -
(2) Up to $3,000 for cost of bail bonds (including
cause of liability imposed upon
bonds for related traffic law violations) re-
you by law on account of "bodily
quired because of an "accident" we cover.
injury" or "property damage" to
We do not have to furnish these bonds.
which this policy applies, and
(4) All reasonable expenses incurred by the "in-
(it) For all reasonable expenses in-
sured" at our request, including actual loss of
curred with our consent in connec-
CA T9 60 06 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 3
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERCIAL AUTO
tion with the investigation, settle-
ment or defense of such claims or
"suits". Reimbursement for ex-
penses will be part of the Limit of
Insurance for Liability Coverage
shown in ITEM TWO of the
BUSINESS AUTO COVERAGE
PART DECLARATIONS, and not
in addition to such limits.
(3) The Limit of Insurance for Liability Cover-
age shown in ITEM TWO of the BUSI-
NESS AUTO COVERAGE PART DEC-
LARATIONS is the most we will reim-
burse you for the sum of all damages im-
posed on you, as set forth in c.(2)(c)
above, and all expense incurred by you
arising out of any single "accident" or
"loss".
(4) You must maintain the greater of the fol-
lowing primary auto liability insurance lim-
its:
(a) Compulsory admitted insurance with
limits required to be in -force to satisfy
the legal requirements of the jurisdic-
tion where the "accident" occurs; or
(b) Insurance limits required by law and
issued by a governmental entity or by
an insurer licensed or permitted by
law to do business in the jurisdiction
where the "accident" occurs; or
(c) Auto liability insurance limits of at
least $300,000 Combined Single
Limit or $100,000 per person/
$300,000 per accident Bodily injury,
$100,000 Property Damage.
If you fail to comply with the above, this
Insurance is not invalidated. However, in
the event of a "loss", we will pay only to
the extent that we would have been liable
had you so complied.
(5) The insurance provided by HIRED CAR –
WORLDWIDE COVERAGE is excess
over any other collectible insurance avail-
able to you whether on a primary, excess
contingent or any other basis.
E. HIRED CAR PHYSICAL DAMAGE — LOSS OF
USE
SECTION II – LIABILITY COVERAGE, A. 2.
Coverage Extensions is modified by adding the
following:
d. Notwithstanding SECTION 11, LIABILITY B.
Exclusions 2. and 6., we will. pay sums which
Policy# BAM5925219AG
you legally must pay to the lessor of a cov-
ered "auto" which you have leased without a
driver for 30 days or less for the lessor's loss
of use of the covered "auto", provided:
1. This insurance provides comprehensive,
specified causes of loss or collision cov-
erage on the covered "auto";
2. The loss of use results from the covered
"auto" being damaged in an "accident"
while you are leasing it.
We will pay up to $65 per day subject to a
maximum limit of $750 for any one "accident".
F. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSE
SECTION III – PHYSICAL DAMAGE COVER-
AGE, A. 4. Coverage Extensions, subparagraph
a. is deleted and replaced by the following:
a. Transportation Expenses
We will pay up to $50 per day to a maxi-
mum of $1,500 for temporary transporta-
tion expense incurred by you because of
the total theft of a covered "auto" of the
private passenger type. We will pay only
for those covered "autos" for which you
carry either Comprehensive or Specified
Causes of Loss Coverage. We will pay for
temporary transportation expenses in-
curred during the period beginning 48
hours after the theft and ending, regard-
less of the policy's expiration, when the
covered "auto" is returned to use or we
pay for its "loss"_
If the temporary transportation expense
incurred arises from your rental of an
"auto" of the private passenger type, the
most we will pay is the amount it costs to
rent an "auto" of the private passenger
type which is of a like kind and quality as
the stolen covered "auto".
G. PERSONAL EFFECTS COVERAGE
SECTION III – PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions is
amended by adding the following:
c. Personal Effects Coverage
We will pay to $400 for loss to wearing
apparel and other personal effects which
are:
(1) owned by an insured; and
(2) in or on your covered "auto".
Thfs rnv_;age applies only in the event of
a total theft of your covered "auto".
Page 2 of 3 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. CA T9 60 06 05
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERCIAL AUTO
Policy # BA2N 1 5925219A
No deductibles apply to Personal Effects Cov- Recovery Against Others To Us is deleted and
erage. replaced by the following:
H. NOTICE OF AND KNOWLEDGE OF OCCUR- S. Transfer Of Rights Of Recovery Against
RENCE Others To Us
SECTION IV — BUSINESS AUTO CONDITIONS,
A. 2. Duties In The Event Of Accident, Claim,
Suit Or Loss, subparagraph a. is deleted and re-
placed by the following:
a. In the event of "accident", claim, "suit" or
"loss", you must give us or our authorized
representative prompt notice of the "accident"
or "loss" including:
(t) How, when and where the "accident" or
"loss" occurred;
(2) the "insured's" name and address; and
(3) to the extent possible, the names and ad-
dresses of any injured persons and wit-
nesses.
Your duty to give us or our authorized repre-
sentative prompt notice of the "accident" or
"loss" applies only when the "accident" or
"loss" is known to:
f. You, if you are an individual;
2. A partner, if you are a partnership; or
3. An executive officer or insurance man-
ager, if you are a corporation.
L PLr,iv FT WAIVER OF SUBROGATION
SECTION IV — BUSINESS AUTO CONDITIONS,
A. Loss Conditions, 5. Transfer Of Rights Of
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract exe-
cuted prior to any "accident" or "loss", pro-
vided that the "accident" or "loss" arises out of
operations contemplated by such contract.
The waiver applies only to the person or or-
ganization designated in such contract.
J. UNINTENTIONAL ERRORS OR OMISSIONS
SECTION IV — BUSINESS AUTO CONDITIONS,
B. General Conditions; 2. Concealment, Mis-
representation, Or Fraud is amended by adding
the following:
The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. How-
ever this provision does not affect our right to col-
lect additional premium or exercise our right of
cancellation or non -renewal.
K. MENTAL ANGUISH
SECTION V — DEFINITIONS, Definition C. is
amended by adding the following:
"Bodily injury" also includes mental anguish but
only when the mental anguish arises from other
bodily injury, sickness, or disease.
CA T9 60 06 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 3 of 3
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
EXCESS (FOLLOWING FORM)
POLICY NUMBER: ZUP15S4388119NF ISSUE DATE: 07/0112019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT - OTHER INSURANCE - DESIGNATED
PERSONS OR ORGANIZATIONS FOR WHOM YOU
HAVE AGREED IN A WRITTEN CONTRACT TO
PROVIDE INSURANCE
This endorsement modifies insurance provided under the following:
EXCESS (FOLLOWING FORM) LIABILITY INSURANCE
SCHEDULE OF DESIGNATED PERSONS OR
Person or Organization:
ANY PERSON OR ORGANIZATION THAT YOU AGREE IN A WRITTEN CONTRACT TO INCLUDE AS
AN ADDITIONAL INSURED ON THIS POLICY PROVIDED THAT SUCH WRITTEN CONTRACT:
1. WAS SIGNED AND EXECUTED BY YOU BEFORE, AND IS IN EFFECT WHEN, THE DAMAGES
OCCUR; AND
2. SPECIFICALLY REQUIRES THAT THE INSURANCE PROVIDED BY THIS POLICY FOR THAT
PERSON OR ORGANIZATION APPLY ON A PRIMARY BASIS OR A PRIMARY AND
NON-CONTRIBUTORY BASIS.
Project or Location:
ANY PROSECT TO WHICH SUCH WRITTEN CONTRACT DESCRIBED IN THE NAME OF PERSON(S)
OR ORGANIZATION(S) SECTION OF THIS SCHEDULE APPLIES.
PROVISIONS
The following is added to Paragraph 10., OTHER
INSURANCE, of SECTION IV - CONDITIONS:
However, for any person or organization
shown in the Schedule Of Designated Per-
sons Or Organizations that qualifies as an
insured under SECTION II - WHO IS AN
INSURED for the project or location shown in
that schedule, if the written contract in
which you have agreed to provide insurance
for that person or organization specifically
requires that this insurance apply on a
primary basis or a primary and non-
contributory basis, this insurance will apply
as if other insurance available to that per-
son or organization under which that person
or organization qualifies as a named insured
does not exist, and we will not share with
that other insurance. But this insurance still
is excess over any valid and collectible
other insurance, whether such insurance is
stated to be primary, contributing, excess,
contingent or otherwise, which covers that
person or orgy iZsiJii'' zs art additional
insured or as any other insured that does
not qualify as a named insured.
XP 01 65 02 14 0 2014 The Travelers Indemnity Company. All rights reserved. Page 1 of 1
EXCESS (FOLLOWING FORM)
POLICY NUMBER: ZUP15S4388119NF ISSUE DATE: 07/01/2019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF RIGHTS OF RECOVERY FROM OTHERS
This endorsement modifies insurance provided under the following:
EXCESS (FOLLOWING FORM) LIABILITY INSURANCE
SCHEDULE OF DESIGNATED PERSONS OR ORGANIZATIONS
Name of Person or Organization:
ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR
AGREEMENT TO WAIVE YOUR RIGHT OF RECOVERY
PROVISIONS
The following is added to Paragraph 11., OUR RIGHT TO RECOVERY FROM OTHERS, in SECTION IV
— CONDITIONS:
It the insured has rights to
recover all or part
of any payment
we have made under
this
insurance, those rights are
transferred to us unless
the insured
has waived its rights
of
recovery against a person or
organization shown
in the Schedule
Of Designated Persons
Or
Organizations above in a contract or agreement
that is executed
before loss. In that case,
we will waive any right of
recovery we would
otherwise have against such person or
or-
ganization.
XP 00 91 10 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1
EXCESS (FOLLOWING FORM)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AGGREGATE LIMIT APPLIES ON A PER
PROJECT BASIS
This endorsement modifies insurance provided under the following:
EXCESS (FOLLOWING FORM) LIABILITY INSURANCE
PROVISIONS
1. The following is added to paragraph 2.
of SECTION III — LIMITS OF INSURANCE:
For damages because of bodily injury or
property damage, if any "controlling un-
derlying insurance" applies a separate
aggregate limit in the same policy for
each "project', other than a products -
completed operations aggregate limit,
then the Aggregate Limit will apply in
the same manner as such aggregate limit
in that "controlling underlying insurance".
For the purposes of determining the
applicable aggregate limit of insurance,
each "project' that includes premises in-
volving the same or connecting lots, or
premises whose connection is interrupt-
ed only by a street, roadway, or
waterway, or by a right-of-way of a
railroad, will be considered a single
"project".
2. The following is added to SECTION V -
DEFINITIONS:
"Project" means any area away from
any premises, site, or location that you
rent or lease from others, or own, and.
at which you are performing operations
pursuant to a contract or agreement.
XP 01 53 02 14 0 2014 The Travelers Indemnity Company. All rights reserved. Page 1 of 1
TRAVELERS J WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 13 (00) -
POLICY NUMBER: UB7K6963971943G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
SCHEDULE
DESIGNATED PERSON:
Any person or organization for which the insured has agreed to by written contract
executed prior to loss to furnish this waiver.
DESIGNATED ORGANIZATION:
DATE OF ISSUE: - - STASSIGN: