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HomeMy WebLinkAboutECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. (AEGIS, ITS) - 2009Team � ' Traffic r*i9 a�-�d Maixer-iax�, hc. An Econolite Group Company ITS 2011 QEC 2 0 PH �= 2 S CITY C � '� t`w + s �� �N,4 CL�'; � � �iU`s�°aC1L October 24, 2011 Attn: Mr. Vinh Nguyen Public Works Agency The City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702- 1988 Re: Econolite Traffic Engineering and Maintenance - Aegis, ITS Merger Dear Mr. Nguyen, As our previous letter explained, Econolite Traffic Engineering &Maintenance (TEAM Econolite) will be merging into our parent company, Aegis ITS, beginning January 1, 2012. Pursuant to Section 13 of the contract, enclosed please find one copy of the executed Assignment of Contract along with a Consent thereto. Please ensure that the Consent_is executed by an authorized sienatory and the ori>?inal returned to us in the self- addressed envelope provided. Any questions or concerns of a legal nature may be directed to our Associate Counsel, Karen L. Heffel, at 626 - 449 -1196. Respectfully, Econolite Traffic Engineering and Maintenance, Inc. Rodney Mathis, President Enclosures 3360 E. La Palma Ave. O Anaheim, CA 92806 -2856 Office: 714- 666 -2295 O Fax: 714- 666 -1123 O www.teameconolite . com Lic No. 807718. C -1 O Assignment of Contract For value received, ECONOLITE TRAFFIC ENGINEERING 8c MAINTENANCE, INC., a California corporation ( "Assignor "), hereby assigns all of Assignor's right, title, and interest in and to the contract entered into by and between Assignor and THE CITY OF SANTA ANA (Contract), to AEGIS ITS, INC., a California corporation ( "Assignee "). The subject matter of the Contract is traffic signal maintenance services. By this Assignment, Assignor delegates to Assignee all of Assignor's duties and obligations of performance of the Contract. By accepting this Assignment, Assignee agrees to assume and perform all duties and obligations that Assignor has under the Contract, as if Assignee had been an original party to the Contract. This Assignment shall be binding on and shall inure to the benefit of the respective heirs, devisees, legatees, executors, administrators, trustees, successors, and assigns of the parties to this Assignment. This Assignment shall be governed by and construed in accordance with California law. Executed � " J 201 1 at Anaheim, California. ASSIGNOR: ECONOLITE TRAFFIC ENGINEERING 8� MAINTENANCE. INC. ASSIGNEE: AEGIS ITS, INC. By: Douglas Terry, .E., Chi Opera � Officer Consent to Assignment THE CITY OF SANTA ANA hereby consents to the Assignment to AEGIS ITS, INC., a California Corporation, of the contract between THE CITY OF SANTA ANA and ECONOLITE TRAFFIC ENGINEERING & MAINTENANCE, INC. THE CITY OF SANTA ANA further agrees to hold Assignor harmless for any breach of the contract subsequent to the execution of this Assignment and shall look solely to Assignee for performance under the contract. Executed , Z —�� - � ( [date] at � �-��> -(�� , �_ [City, State]. By: PAUL M. WALTERS City Manager ATTEST: Maria D. Huizar Clerk oiE the Council RECOMMENDED FOR APPROVAL; n r.. � � =�-�3c� _ - - -_�� ..,7 ---- - - - - -- Raul Godinez, I Executive Director Public Works Agency �' ,rc �vt,2 � ��-� A- 2009 -124 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES L t _ ;) -7 .cDI-Q 1 0 CONTRACTOR AGREEMENT CLERK OF COUNCIL 1 WE -,0 01 THIS AGREEMENT, made and entered into this 17" day of August, 2009 by and between Econolite Traffic Engineering and Maintenance, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). / RECITALS S A. The City desires to retain a Contractor having special skill and knowledge in the field of traffic 9 signal and street light systems maintenance. B. Contractor represents that Contractor is able and willing to provide such services to the City. (� C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform preventive and extraordinary maintenance on the citywide traffic signal system and street light system, as set forth in City's Request for Proposal dated July, 2009, attached hereto as Exhibit A, and incorporated, in full, by this reference. Said work shall be completed in conformance with Contractor's Proposal, dated July 15, 2009, on file with the Public Works Agency, Traffic Engineering Division. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Proposal, attached hereto as Exhibit B. Rate increase for the first additional twelve -month period (September 1, 2010- August 31, 2011) shall be based on the year 2009's consumer price index (CPI) or 5 %, whichever is the lowest. Rate increase for the second additional twelve -month period (September 1, 2011- August 31, 2012) shall be based on the year 2010's consumer price index (CPI) or 5 %, whichever is the lowest. The total sum to be budgeted under this Agreement shall not exceed $650,000.00, annually, during the term of this Agreement. b. 1. Invoices for Traffic Signal System Contractor shall prepare separate invoices for routine maintenance and extraordinary maintenance. For extraordinary maintenance billings: i. The Contractor shall prepare a general invoice to include all extraordinary billings that is less than $500 per intersection. ii. The Contractor shall prepare a separate invoice for each location when extraordinary billing is in excess of $500 per intersection. iii. The Contractor shall prepare a separate invoice for intersections that are shared with other jurisdiction listed in Exhibit A, Appendix B, or as requested by the Traffic Engineer. 2. Invoices for Street Light System For routine maintenance billing, an itemized invoice per month will be required. Invoices shall be itemized as to address, dates worked, work performed and materials used as itemized in Exhibit A, Division III, Section e., "Street Light Routine Maintenance ". ii, For extraordinary maintenance billing, an itemized invoice per month will be required. Invoices shall be itemized as to, the purpose for the work, Date of repairs, addresses of repairs, a description of the repairs and a full itemized accounting of all material, equipment and labor costs. Each invoice shall be for one (1) days work, each day's work shall be on one (1) invoice. c. Payment by City shall be made within thirty (30) days following receipt of such invoice evidencing work performed, subject to normal City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. However, payment shall not be made to the Contractor until the required reports and As- Builts have been properly submitted for work completed. 3. TERM This Agreement shall commence on September 1, 2009 and will terminate August 31, 2012, unless terminated earlier in accordance with Section 13, below. Funding for the initial one -year period has been approved by the City Council. If the City Council fails to approve continued funding for this Agreement over the subsequent one -year periods from September 1 through August 31, said Agreement will automatically terminate on the expiration of the then current term. The term of this Agreement may be extended for up to two additional one -year periods, with the mutual consent of the parties. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall he responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor's comprehensive general liability insurance policy shall contain language substantially similar to the following clauses: (1) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. (2) With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. (3) This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with City prior to the effective date of this Agreement. This is a condition precedent to the formation of any obligation by City to compensate Contractor under this agreement. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the direct or indirect operations of the Contractor or its subcontractors, agents, employees or other persons acting on its behalf. City may make all reasonable decisions with respect to its representation in any legal proceeding. If City determines, in its sole discretion, that a conflict may exist between Contractor and City, Contractor will pay fees and costs for special counsel to be selected by the City. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 with courtesy copies to: For traffic signal system maintenance: For street light maintenance: Traffic Signal and ATMS Maintenance Street Light Maintenance City of Santa Ana City of Santa Ana 20 Civic Center Plaza, M -43 20 Civic Center Plaza, M -21 Santa Ana, CA 92701 Santa Ana, CA 92701 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6515 To Contractor: Econolite Traffic Engineering and Maintenance, Inc. 3360 E. La Palma Avenue Anaheim, California 92806 -2856 telefacsimile (714) 666 -1123 Attn: Rodney Mathis A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Contractor shall not assign or transfer any interest in this agreement, whether by assignment or novation, without prior written consent of City; provided, however, that claims for money due or to become due to Contractor from City under this agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to City. 12. REDUCTION IN SCOPE OF WORK The City reserves the right to reduce the scope of work for this contract at any time. In the event that the City determines to reduce the scope of work, there shall be no adjustment of unit prices for the remaining scope of work. The City also reserves the right to conduct any extraordinary maintenance of traffic signal, ATMS, and street light facilities without using the services of the Contractor, if it is in the City's best interest to complete the work. 13. TERMINATION hi the event that any of the provisions of this contract are violated by the Contractor, the City may terminate the contract by serving written notice upon the Contractor of its intention to terminate such contract and, unless within ten (10) days after the serving of such notice, such violation shall cease, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination for the reason mentioned above, the City may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor and his sureties shall be liable to the City for any excess cost occasioned in the event of any such termination. This clause shall not be construed to prevent the termination, for other causes, authorized by law or other provisions of this contract 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, including a California Class C10 Contractor's License, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault or negligence of said Contractor or its employees in connection with the performance of this work. 18. PERFORMANCE PROVISIONS If the Contractor should neglect to prosecute the work properly or fail to perform any provisions of this contract, the City shall provide written notice to the Contractor of such inadequacy. Three (3) days after delivery of such Notice to Contractor, if Contractor has failed to correct the inadequacy, the City may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Executive Director of the Public Works Agency of the City shall approve such action and certify the amount thereof to be charged to the Contractor. 19. RESOLUTION OF CONSTRUCTION CLAIMS Contractors claims of $375,000 or less shall be resolved in accordance with the provisions of Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public Contract Code. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: - ATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: l t Laura Sheedy Assistant City Attomey CITY OF SANTA ANA 't / l i c/ DA ID N. R9XM City Manager ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. RODNkrIOTrHIS President Tax ID# EXHIBIT A t. PURPOSE The purpose of this Request for Proposal (RFP) is to obtain a prime contractor to enter into a contract with the City to perform preventive and extraordinary maintenance on the citywide traffic signal system and street light system. 11. TRAFFIC SIGNAL SYSTEM MAINTENANCE a. Scone of Work The Contractor shall furnish all tools, equipment, apparatus, facilities, labors, services, training and materials to perform all work necessary to maintain all traffic signal facilities in a good and worker -like manner according to the proposal submitted and in accordance with these specifications. The traffic signal system maintenance portion of this contract does not cover safety light maintenance, except damage to the combination of traffic signal and safety light pole due to malicious mischief, traffic collision or nature causes. Maintenance of the traffic signal control system located at the City's Traffic Management Center will be done as part of extraordinary maintenance only. b. Service Personnel The Contractor shall provide qualified service personnel to maintain and to service all traffic signal equipments utilized by the City. Personnel shall have at least two years of experience maintaining and troubleshooting traffic signal equipment. Detailed knowledge of Type NEMA (G, M, P) and Type 170 (332, 334) Cabinets is required. The city utilizes a combination of Multisonics 820A, 870 controllers and 2070 controllers with Econolite's Firmware (ASC2 & ASC3). Personnel must be knowledgeable in the use of these controllers. All Lead Maintenance Personnel is required to have an IMSA Traffic Signal Level 2 Certification. In addition, all service personnel shall possess an NEC certification. The City reserves the right to refuse the use of any personnel whom in the City's sole opinion are not qualified to work on these systems. An agreed upon personnel list shall be maintained and only those listed are allowed to work in the city. Any changes needs to be authorized by the City. C. List of Signalized Intersections See Appendix "B" for the list of traffic signals, CCTV, flashing beacons, and flashing crosswalks. d. Additions to System ,, The Contractor shall maintain additional traffic signals and appurtenant devices as they arc installed and notified by the City to be included in the maintenance contract. Cost of the routine maintenance of the new addition will be per contract unit price and will be effective the 1" day of the following month unless stated otherwise in the notification. e. Routine Maintenance The routine maintenance shall be performed on a periodically basis based on type of equipment. (a) Traffic Signal: (i) Maintenance period: The Contractor shall perform a complete inspection and service of each signalized intersection once a month, not less than 25 days or more than 35 days apart, for safety, operation and cleanliness. (ii) Maintenance Tasks: • Cabinets: The Contractor shall clean the cabinets thoroughly on the inside, including all components. The Contractor shall remove all unauthorized external attachments such as notices, posters, signs, etc. and notify the City of any graffiti that is on the signal equipment. It is not the Contractor's responsibility to remove the graffiti o Ventilation system: The Contractor shall ensure that the cabinet's ventilation system is in working order. Ensure that the Thermostat and Fan operates properly. The air filter shall be replaced and dated every 90 days (regardless of condition). o Controller and Timing: The Contractor shall check controller timing against the timing sheet and notify the City on any deviation. No timing parameters shall be changed without explicit approval from the City. o Vehicle Detection System: The Contractor shall ensure that the vehicle detection system is fully functional. Maintenance Personnel must be well versed in the use of the different types used by the City. The City utilizes the following types of Detection: • Loop Detection - Detectors needs to be checked that it is properly detecting vehicles and able to apply calls to the controller. The Contractor shall adjust the sensitivity levels to tune out any stuck detectors or replace defective vehicle detector amplifiers as necessary. The Contractor shall meter loops individually when troubleshooting loop problems. The City shall be notified of all defective loops. 10 Video Detection — The system needs to be inspected to ensure normal operation. All detection zones needs to be checked for proper detection and the system needs to be verified that it is capable of applying calls to the controller. Wireless Detection — The City utilizes Sensys Network's Wireless Detection System. The system consists of Sensors, Repeater, Access Point, and Contact Closure Cards. Ensure that the system is fully functional. o Conflict Monitor Certification (yearly task): Once a year, the Contractor shall perform Certification Testing on Conflict Monitors used by the City. The Tester used must be capable of testing Conflict Monitors as defined by NEMA TS 1, NEMA TS2, FHWA/CalTrans System 170, and ODOT /TXDOT 2070. The Contractor shall submit the make and model of the Proposed Tester to be used for review by the City. A determination will be made by the City as to whether the Tester is acceptable. o Battery Backup System (If applicable): Some intersections are equipped with battery backup system. For these locations, the Contractor shall test and verify that the system is charged and in working order. o Ancillary Equipment: The Contractor shall check all ancillary equipment (load switches, power supply, flashers, Emergency Vehicle Pre - emption, ctc.) in the cabinet for proper operation. • Field Equipment: • The Contractor shall check all pedestrian push buttons for proper operation. • The Contractor shall check all vehicle and pedestrian signal heads for proper operation. • The Contractor shall check all poles and standards for damages. • Contractor shall clean Video Detection camera lens once a year • Contractor shall check and notify the City of any missing or damaged Internally Illuminated Street Name Signs (IISNS), Reflectorized Street Name Signs (RSNS) or traffic signs mounted on the traffic signal poles. • Maintenance of safety lights at traffic signal are done as part of Street Lighting System Maintenance only. • Maintenance Record: The Contractor shall maintain a record log in each controller cabinet showing the date and time of any service. It shall consist of: o Routine Maintenance c Extraordinary Maintenance All records shall be legibly written or printed. These record logs shall become property of the City. (b) Closed Circuit Television (CCTV): (i) Maintenance period: The Contractor shall perform a complete inspection and service of each CCTV once every three (3) months for proper operation and cleanliness. (ii) Maintenance Tasks: • Cabinets (if applicable): Some CCTV locations have dedicated type 332 cabinet. For these locations, the Contractor shall clean the cabinets thoroughly on the inside, including all components. The Contractor shall remove all unauthorized external attachment such as notices, posters, signs, etc. and notify the City of any graffiti that is on the signal equipment. It is not the Contractor's responsibility to remove the graffiti o Ventilation system: The contractor shall ensure that the cabinet's ventilation system is in working order. Ensure that the Thermostat and Fan operates properly. The air filter shall be replaced and dated every 90 days (regardless of condition). o Battery Backup System (if applicable): The Contractor shall ensure that the battery backup system is charged and in working order. • Field Equipment 1, The Contractor shall check all poles and standards for damages. 2. The contractor shall clean the camera's housing lens or dome as appropriate. (iii) Maintenance Record: The Contractor shall maintain a record log in each location (with or without dedicated cabinet) showing the date and time of any service. It shall consist of: a. Routine Maintenance b. Extraordinary Maintenance 12 All records shall be legibly written or printed. These record logs shall become property of the City. (c) Pre -timed Overhead Flashing Beacons: (i) Maintenance period: The Contractor shall perform a complete inspection and service of each Flashing Beacon once a month, not less than 25 days or more than 35 days apart, for safety, operation and cleanliness (ii) Tasks: • Cabinets: The cabinets for solar powered flashing beacons are small NEMA cabinet pole mounted at approximately 9'. The Contractor shall clean the cabinets thoroughly on the inside, including all components. The Contractor shall remove all unauthorized external attachments such as notices, posters, signs, etc. and notify the City of any graffiti that is on the signal equipment. It is not the Contractor's responsibility to remove the graffiti The air filter shall be replaced and dated every 90 days (regardless of condition). • Battery System: Contractor shall check system operating voltage and battery life. Notify the City if battery needs replacement. • Field Equipment The Contractor shall check all beacons, poles, and standards. Contractor shall check and notify the City of any missing or damaged traffic signs mounted on the traffic signal poles. Clean the solar panels in accordance to the manufacturer's recommendation. This is required to be done once every 6 months. • Maintenance Record The Contractor shall maintain a record log in each controller cabinet showing the date and time of any service. It shall consist of: a. Routine Maintenance b. Extraordinary Maintenance All records shall be legibly written or printed. These record logs shall become property of the City. t3 (d) Activated In -Road Warning Lights (IRWL or Flashing Crosswalk) and Activated Flashing Beacon: (i) Maintenance period: The Contractor shall perform a complete inspection and service once a month, not less than 25 days or more than 35 days apart, for safety, operation and cleanliness (ii) Tasks: • Cabinets: The cabinets for solar powered flashing beacons are small NEMA cabinet pole mounted at 9'. The Contractor shall clean the cabinets thoroughly on the inside, including all components. The Contractor shall remove all unauthorized external attachments such as notices, posters, signs, etc. and notify the City of any graffiti that is on the signal equipment. It is not the Contractor's responsibility to remove the graffiti The air filter shall be replaced and dated every 90 days (regardless of condition). o Detection System: The Contractor shall ensure that the pedestrian detection system is fully functional. Maintenance Personnel must be well versed in the use of the different types used by the City. The City utilizes the following types of pedestrian detection: • Push Button Detection • Video Detection — The system needs to be inspected to ensure normal operation. All detection zones needs to be checked for proper detection and the systems needs to be verified that it is capable of applying calls to the controller. • In- Ground Pedestrian Detection (Pressure Pad) — The City utilizes US Traffic Corp. X -FLO in- ground pedestrian detection pad. • Battery System: Contractor shall check system operating voltage and battery life. Notify the City if battery needs replacement. • Field Equipment The Contractor shall check all beacons, poles, and standards. The contractor shall check and ensure that push buttons, pressure pads or video detection equipments are in working order. 14 Contractor shall check and notify the City of any missing or damaged traffic signs mounted on the traffic signal poles. Clean the solar panels in accordance to the manufacturer's recommendation. This is required to be done once every 6 months. Contractor shall clean Video Detection camera lens once a year • Maintenance Record The Contractor shall maintain a record log in each controller cabinet showing the date and time of any service. It shall consist of: a. Routine Maintenance b. Extraordinary Maintenance All records shall be legibly written or printed. These record logs shall become property of the City. f Extraordinary Maintenance Extraordinary maintenance includes work tasks to install new, replace or repair defective or obsolete equipment and perform modification work not directly covered by routine maintenance. Work shall be performed with prior City approval unless emergency or public safety conditions require immediate response. g. Emergency Service The Contractor shall provide emergency service to the City twenty -four hours a day, seven days a week upon City's request. Unless stated by the City at the time of request, the contractor will need to ascertain whether request is of an emergency nature requiring immediate response. Failure or malfunction of the traffic signal or interruption of normal operation as to create confusion or public hazard is considered emergency nature. (a) The contractor shall provide qualified personnel at the location within 30 minutes of receiving emergency request. (b) The Contractor shall immediately troubleshoot and restore the traffic signal to normal operations. If that is not possible due to the extent of the damage, sufficient temporary repairs shall be made to enable the intersection to operate safely. In no event shall the traffic signal be left overnight in dark mode (black out). (c) For intersections with power outages, The Contractor shall use the following procedure: (i) Setup temporary stop signs at all approach upon arrival at the site. 15 (ii) Turn off the traffic signal controller and place cabinet control to flashing operation. (iii) Once the power is restored, remove all stop signs and return the traffic signal to normal operation. h. Compensation For Routine And Extraordinary Maintenance (a) Routine Maintenance: Compensation for routine maintenance of traffic signal system shall be per contracted unit price. Said compensation shall include all labor, material, equipment and overhead /profits. (b) Extraordinary Maintenance: Compensation for extraordinary maintenance of traffic signal system shall be per contracted unit price. Said compensation shall include all labor, material, equipment and overhead/profits. For work not listed in the bid list, compensation shall be based on agreed lump sum price or time and material basis. (i) Materials: The City shall pay the Contractor for materials used in extraordinary maintenance, the Contractor's cost from the supplier plus the percentage specified in the Contractor's bid proposal. All materials and parts shall be new or have the approval of the Traffic Engineer. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance (ii) Direct Labor: The Contractor shall present with his monthly invoice a record of hours spent in extraordinary maintenance of traffic signals and appurtenances per intersection. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified on the Contractor's bid proposal. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, work for health and welfare, insurance, worker's compensation, pension, vacation, sick leave or any local, state, federal, or union tax or assessment. (iii)F,guipment: City shall pay the Contractor for equipment used in extraordinary maintenance on ajob -trip basis rate as specified in the Contractor's bid proposal. The Contractor's job -trip equipment rates shall constitute the rates to be paid by the City when the specified equipment is used for the extraordinary maintenance. As used herein, job -trip shall mean the furnishing of the required equipment at the site of extraordinary maintenance work for the duration of the work. No additional compensation shall be paid for transporting equipment to or from the job site i. Meeting 16 The City may call for meetings to be held with the Contractor, including personnel routinely assigned to work in Santa Ana, on an as needed basis without incurring additional cost to the City III. STREET LIGHT SYSTEM MAINTENANCE a. Scope Of Work Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services and materials, and perform all work necessary to maintain street lighting facilities in a good and professional manner in accordance with the specifications contained herein. All said labor, services, materials, and equipment shall be furnished and said work performed and completed by the Contractor as an independent contractor, subject to the inspection and approval of the City's Executive Director of Public Works Agency, or inspectors or their representatives b. Service Personnel The Contractor shall provide qualified service personnel to maintain and to service all series street lights and equipment described in Section 3. Work on the City's series street lighting circuits shall be supervised and performed by a lead street light technician with a minimum of five (5) years experience as a high voltage technician. The technician shall troubleshoot, diagnose and perform all electrical connections. The Contractor shall include series street lighting maintenance personnel's qualifications in the bid. During the term of the contract the City will notify the Contractor, in the City's sole opinion, if personnel proposed for any series high voltage maintenance are not qualified to work on these systems. Within thirty (30) days after the City makes the determination the Contractor shall hire qualified Sub- Contractor(s) specialized in series high voltage equipment troubleshooting and repair to handle both routine and extraordinary maintenance without any additional compensation from the City. c. List of Street Lighting Systems For the purpose of this maintenance contract, the City of Santa Ana series street light inventory is as follows: Number of Lamps Description 369 2500 Lumen Incandescent 6 6000 Lumen Incandescent Sec Appendix "C" for Street Light Map d. Modifications to System Contractor shall maintain additional or fewer street lights and appurtenant devices as they are installed or become a part of the maintenance requirements of the City, at the bid unit price. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor is notified 17 e. Routine Maintenance (a) Monthly Inspection and Reportin (i) Contractor shall perform a monthly drive by inspection by the end of the first week of the month and do necessary repairs of all series street lights within 24 hours of the night drive. A map report to the Enterprise Management Section on the results of the inspection shall be submitted the following day. The inspection shall be conducted during night time hours. (ii) Contractor shall clean the cabinet and test all disconnect and by -pass switches for series lighting once every month and provide a report to the Enterprise Management Section on the results of the inspection. Contractor shall maintain a record log at each disconnect and bypass switch cabinet showing initials of service technician, date and time of service. (iii)Contractor shall perform a monthly drive by inspection of all City -owned multiple street lights and safety lights by the end of the first week of the month and provide a map report to the Enterprise Management Section on the results of the inspection the following day. The inspection shall be conducted during night time hours. (iv)Contractor shall submit monthly reports, in a format approved by Enterprise Management, and shall be submitted on a CD disk (in addition to hard copy). Format to be MS Windows Excel spreadsheet. Reports shall include dates of repairs and address of the repairs, types of repair made, and all materials and equipment used. Monthly reports shall be submitted by the 15`h day of the following month. Separate reports shall be provided for extraordinary maintenance. (b) Repair and Replacement Requests Contractor shall replace any and all burned out lamps and cut out disks within 24 hours of the request by the City (c) Lamp Replacement Contractor shall replace all lamps and cut out disks in all series street lights once per year. Within thirty (30) days of the award, the Contractor shall provide the City with a lamp replacement schedule. At least 25% of all lamps shall be relamped per quarter during the course of this contract. Contractor shall use only the following lamp types; 2500 lumen type 250066G; 6000 lumen type 6M66G. Contractor shall provide the City with a monthly report and map showing the number of lamps that have been replaced, the type of lamp, and the address for each lamp. The City has the right to inspect the Contractors records to verify any material costs used in lamp replacement Contractor shall have the option of replacing all lamps at the same time in a group re- lamping each year. (d) Globe Replacement Contractor shall clean all globes at the time the lamps are replaced. At this time, all broken or deteriorated parts shall be replaced, by the contractor, or 19 changed as necessary. Contractor shall use only the Santa Ana Acorn globe manufactured by J & J Roto - Plastics, 2308 S. Anne Street, Santa Ana, California 92704, phone (714) 557 -1171, or approved equal. Submit to the City for approval (e) Emergency Services Twenty -four hours per day, seven days per week, emergency service shall be provided by Contractor upon City's call with a response time of less than two hours under normal circumstances, to make immediate or temporary repairs to City owned series and multiple street light pole or service knock downs or damage caused by vehicle collision, acts of God, vandals, or as required because of a public safety hazard. The Contractor shall respond to emergency calls when directed by the City and dispatch high voltage technician and equipment. The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. Contractor shall maintain and make available to the City, a local telephone number where Contractor can be contacted twenty -four hours per day. f Extraordinary Maintenance (a) The failure or malfunction of street lights may be considered extraordinary maintenance. (b) Any upgrading, repair work, or any installation solicited by the City, shall be considered as extraordinary. Any extraordinary maintenance requests from the City shall be confirmed by the Contractor as to the time of and number of personnel dispatched. The Contractor shall contact the Enterprise Management Section regarding any extraordinary maintenance work found to be beyond requested repairs and seek prior approval before the work is scheduled. Contractor shall notify Public Works Agency (PWA) Dispatch Office at 647 -3380 each day prior to crews being dispatched by Contractor (i) No underground work shall be performed prior to completion of Underground Service Alert (USA) markings. (ii) An electrical permit shall be obtained from the City's Planning & Building Department prior to any additions to the City's street light or other electrical system. (iii)AII extraordinary work completed by Contractor shall be invoiced time and material as specified on Contractor's bid proposal (c) Contractor shall respond to requests by City for extraordinary work within 24 hours of the request. Work shall start in a timely manner. Contractor shall dispatch personnel, materials and equipment on a daily basis until work is completed unless conditions do not allow work to be performed. (d) City shall pay for such extra ordinary repairs required as follows: (i) Materials. The City shall pay to the Contractor for any materials used in extraordinary maintenance at Contractor's cost from the supplier Z plus the percentage specified in the Contractor's bid proposal. All materials and parts shall be new or have the approval of the Enterprise Management Section if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. The City may provide replacement poles and fixtures. (ii) Direct Labor: Contractor shall furnish a monthly report of hours spent in extraordinary maintenance of street light and appurtenances per address. City shall pay the Contractor for such hours of extraordinary maintenance performed at the job site address at the rates specified on the Contractor's bid proposal. Crews shall be dispatched so as to maximize work performed. Said hourly rates shall be the total cost to the City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of worker for health and welfare, insurance, worker's compensation, pension, vacation, sick leave or any local, State, Federal or union tax or assessment. (iii)Equipment. City shall pay Contractor for equipment used in extraordinary maintenance on a per day basis rate as specified in the Contractor's bid proposal. Equipment shall be dispatched so as to maximize work performed • The Contractor's listing of per day equipment rates shall constitute total rates to be paid by City when specified equipment is used. • As used herein per day shall mean the furnishing at the site of extraordinary maintenance work the equipment specified. The per day rate shall be independent of the length of time the equipment is in the City. No additional compensation shall be paid for transporting the equipment to or from the job site (e) The Contractor shall submit weekly reports, when repairs are in progress, in a format approved by Enterprise Management, and shall be submitted on a 3.5" disk (in addition to hard copy). Format to be MS Windows Excel spreadsheet. Weekly reports shall include arrival and departure times, dates and addresses of the repairs, service personnel dispatched, types of repairs made, and all materials and equipment used for each day worked. Weekly reports shall be submitted by Monday the following week. (f) The Contractor shall provide to the Enterprise Management Section As -Built Maps of all work performed on a form approved by the City. As Builts shall indicate the address and description of all repairs made including installation of pull boxes, splices and connections, etc. As Builts shall be submitted following each day's work performed. 1V. SUMMARY REPORTS Contractor shall furnish the following reports but not limited to: 20 A. Traffic Signal System Routine and Extraordinary Maintenance Monthly Report This report shall state the location in alphabetic order (north -south street first and then east - west street), date of the work (including the day of the week) performed in chronological order, arrival and departure time, and detailed description of work performed. B. Street Light System Monthly Reports Monthly reports shall include the following reports: a. Monthly re -lamp report with maps b. Monthly map report of night drives of series lighting c. Monthly map report of night drives of multiple and safety lights d. Monthly routine maintenance report of repairs with As -built maps for series street lighting. c. Monthly extraordinary maintenance report of repairs with As -built maps for series street lighting. C. Semi- annual Report of Series Street Lighting and Safety Lighting a. Twice a year provide a report indicating total number of series street lights by address, highlighting any changes or additions to the system. b. Twice a year provide a report indicating total number, and lamp size of safety lights by intersection and corner, and street, highlighting any changes or additions to the system. Show service point location on street and address. V. STANDARD SPECIFICATIONS All work on traffic signal system and safety lights on traffic signal shall conform to the City's current standard plans and specifications. See Appendix D for the current standard specifications for Signing, Striping and Traffic Signal 2 EXHIBIT B Addendum No. I July 9, 2009 FEE PROPOSAL AND CONTRACT AGREEMENT Fee Proposal The undersigned declares that he /she has carefully examined the location of the proposed work, that he /she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any), specifications and special provisions, for the unit prices) or lump sum(s) set forth in the following schedule: L Routine Maintenance A. Monthly Service Item # Bid Item 1. Traffic Signal 1) Pre -timed Flashing Beacon Activated Flashing Crosswalk/Beacons 4. 2500 Lumen Lamp 5. 6000 Lumen Lamp Unit Quantit EA 284 EA 5 EA 7 EA 369 EA 6 Unit Price (monthly) $ ?5 93 �3 s-35 $ -'3(00 $ 4 `!o Sub -Total (monthly) $1 iz $ 175 2-45 $ i3�33 7i B. Quarterly Service Item 4 Bid Item Unit Quantit Unit Price Sub -Total (quarterly) uarterl 6. Closed Circuit Television System EA 52 s—(95 $_33eO C. Alternate Routine Maintenance – Bi- Monthly Service Item # Bid Item Unit Quanti Unit Price Sub -Total (Bi- monthly) (Bi- monthly) Ia. Traffic Signal EA 284 $ 7'JT $ ZiF D l to 2a Pre -timed Flashing EA 5 $ 37 $ "'� 5 Beacon — -- -- 3a. Activated Flashing EA 7 $ 3-7 $ 195 Crosswalk/Beacons Page 'I of 16 Addendum No. 1 July 9, 2009 11. Extraordinary Maintenance A. Material: Contractor's cost for the supply plus ( +) 15 %. B. Labor: Contractor's rates (including all fringe benefits, markup, over heads, etc.) for all job classifications involved in extraordinary maintenance. Item # 7. K 9. 10 12. 13. 14. 15. 16. Title Superintendent Engineering Technician Laboratory Technician Maintenance Technician -- Lead Maintenance Technician Utility Technician — Lead Utility Technician Lead High Voltage St. Light Tech. Street Light Technician Service Laborer C. Labor and Material: Straiaht Time $(0 !q /hr $ V4 /hr $ S& 3't /hr $ NO 3'Y /hr $ W /hr $ NO apt /hr. $ (P 10 /hr. $ 9 0 /hr. $ 6634 /hr. $ WO `hr. Item # Bid Item Unit 17. Install 6' diameter circular loop (1 - 5 loops) EA 18. Install 6' diameter circular loop (6 — 10 loops) EA 19. Install 6' diameter circular loop (1 I — 20 loops) EA 20. Install 6' diameter circular loop (over 20 loops) EA 21. Install City famished NEMA Conflict Monitor EA 22. Install City furnished P44 Cabinet EA 23. Install City furnished type 332 Cabinet EA 24. Adjust PPB Assembly height EA 25. Install /Replace complete PPB Assembly EA Overtime $ 1 Z( _/hr. $ 1 ZtV /hr. S__/ i (P /hr. $ MO /hr. S /hr. $ l 1(v /hr. S 89 /hr. $ / Z3 /hr. $ 1 t (P /hr. $ 99 /hr. Unit Price $__3c— $ 2-6816" $ 244— 60 e zit tz —o $ 700 S /zoo $ /Z00 $ b6 $ i 4Z DA,ritr= /77 177 / &-7 10-7 129 / (0l 129 17.3 1(P 7 1Z9 Page 2 of 16 Page 3 of 16 Addendum No. I July 9, 2009 $ (05 26. Replace PPB with ADA PPB EA 27. Replace Ped Head & Countdown Module EA $ t 28. Replace Ped Module w/ Countdown Module EA 29, Instal IfReplace IISNS w/ Reflectorized Street Name EA $ 1060 Sign 30. Conduct Signal Cabinet Operational Test EA 31. Conduct Night Survey upon request EA $ 32. Paint Traffic Signal Cabinet EA $ 3217 31 Paint Vehicle Head EA $ 34. Paint Pedestrian Head EA S 0� /Dl `T1) 35. Paint single -globe theme street light pole EA S _ 36. Paint double -globe theme street light pole EA $ 27o 37. Paint 30 ft. steel street light pole EA $ 3 {7✓ Ill. Equipment Item # Type of Equipment Cost 38. Pick -up Truck $ZJr _ijob trip 39. Service Truck $ 4_t 3 /job trip 40. Service Ladder/Truck//N/job trip 41. Boom Ladder /Truck $ '45 /job trip 42. 50' Height Boom Truck $6)0,____ /job trip 43. Crane Truck $ 3 S /job trip 44. Water Truck $ —_N lA /job trip 45. Dump Truck $_ 50___ /job trip 46. Big Concrete Saw $_ �/job trip 47. Complete Paint Rig $_ Sco /job trip 48. Jack Hammer /Compressor S 105 /job trip 49. Trencher and Backhoe $ flnv. ,job trip Page 3 of 16 Addendum No. I July 9, 2009 50. Vacuum Truck $ N _ /job trip W. Cellular Phone / Radio Equipment The Contractor shall provide four (4) cellular phone for City staff's use during this contract (two for traffic signal maintenance and two for street light maintenance) to facilitate communication with the Contractor at the Contractor's cost. V. Bid Scenario — Street Light For comparison purposes please bid the repair scenario utilizing the previous bid prices. The City of Santa Ana has experienced a street lighting outage in a neighborhood with series high voltage street lighting. The outage encompasses several streets in the neighborhood affecting 24 cast iron double king street lights with 2500 lumen lamps. A night drive was required to identify the scope of the outage. The lighting repairs required three (3) working days to complete the repairs. After completion of USA markings, the following personnel, equipment and materials were dispatched to repair the lighting, Two service personnel: Lead High Voltage Street Light Technician and a Service Laborer for three days. Cost: 3, 211f V 2. Night Drive: Cost: —i9'- 3. Equipment: Service truck with a compressor for three days. Cost: 141-3 4. Materials Used: 300 If of #18 neoprene high voltage wiring 2 ea. #5 pull boxes, 3 ea. #3 pull boxes 19 ea. compression fittings 15 ea. bags of rock 6 ea. 2500660, 2500 lumen lamps 6 ea. Cut out disks i32'+ Supplier Cost: Markup: 7 7 L 3 Total Material Cost: 12 Total Cost (item 14): S �/ _ ` t Z 55 Page 4 of 16 Addendum No. 1 July 9, 2009 TRAFFIC SIGNAL SYSTEM BIDDER AND STREET LIGHT SYSTEM Firm ct'c aAF `jPAH:�!C MAINTENANCE aj4joja3?/^14 a") AMR - "IA(Qcr-,B\k' Address 33(X E, LA RV-MA AVF-, 4NW-4vA CA Phone(s) (it �t)10w-2 -zw Bidder Signature Page 5of16 List Of Sub - Contractors Addendum No. I July 9, 2009 Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: - Streets, highways including bridge projects; %z% of the bid or $10,000, whichever is greater Buildings, parks, or other projects: '/2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name ELr7aaG Name Location _ j 3gE r1giE(kA -7 Location Phone ry) q17 - 5510 Phone Type of Work Type of Work Contract Amount NIA Contract Amount Name Name Location Location Phone Phone Type of Work Type of Work Contract Amount Contract Amount Name Name Location Location Phone Phone Typie of Work Type of Work Contract Amount Contract Amount Mn AUWENArJ[E, ZjyC Name of Firm Submitting Bid Page 6 of 16 Addendum No. 1 July 9, 2009 Bidder's Statement BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Administrative Services Manager or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this doctanent, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and AGENCY'S legal holidays), or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name ofFirm F4 % i: 17VAt;q& A.tjo A 4,vTEAh4NCe, jyyc„ Signature of Bidder J Title P,551 DJ i (if an individual, so state) Page 7of16 Bidder's Statement (continued) Addendum No. I July 9, 2009 (If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) F-y MAt iHt s - IZ12a5-10a1 i VA04E UvNo - A.S� , - %g2o-pwLy R1* DLIW-A,-J - ACTION OF COUNCIL: Date 20 ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: ACCEPTED FOR THE CITY OF SANTA ANA: CITY ATTORNEY ADMINISTRATIVE SERVICES MANAGER FINANCE & MANAGEMENT AGENCY Page 8 of 16 Addendum No. I July 9, 2009 Certification Of Nondiscrimination By Contractor The undersigned contractor or corporate officer, during the performance of this contract. certifies as follows: L The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or tens nation; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places. available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shalt, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin, 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965. and of the rules, regulations, and relevant orders of the Secretary of Labor. 5 The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules. regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said Hiles. regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. Page. 9 of 16 Certification Of Nondiscrimination By Contractor (continued) Addendum No. I July 9, 2009 7. The Contractor shall include the portion of the sentence immediately preceding paragraph ( I ) and the provisions of paragraphs (I ) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735. as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed Title P265� . kj Firm "14&;4A AJO A444AJ71&J4N4E _DIt Dale JVVY /5-f'l 2-oa9 Page 10 of 16 Addendum No. 1 3uly 9. 2009 Workers' Compensation Insurance Certification As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of the Code. and I will comply with such provisions before commencing the performance of the work of this contract. If 1, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by said Labor Code, 1 shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. Signed TitleLiF,�" Firm r CD CI 1� ?LNG EN�)t NFEl2! nlE� AND MAa,t1`IF/vA/JCF_ tNG Date .1(/L`/ IS ZOD`j Page I1 of 16 References Addendum No. I July 9, 2009 The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. Li Ty of 774 c5w6 CA Name and Address of Owner. Name and Telephone Number of person familiar with project. * 2ooy-a5z Yz- "T 15 MAINT&NMCf- Contract Amount Type of Work iy cm- 913&L, ON - C7ol &A(q Date Completed z C11 oA 4aZEAJ 61WE-1 /1222 A64om PmxuAy g2f3�tt7 Name and Address of owner. . 711t ) i4(- Name and Telephone Number of person familiar with project. 4 -15 V- Ite y- /cr. -uP 51WAt- Ma, NT, o>J q OI &VA Contract Amount Type of Work Date Completed OTY Dr' FVLLZ" Name and Address of owner. 1t1r LASS r� Fr- Name and Telephone Numbc Contract Amount ,3o3 Q. comM6 )"EAta-t Ag 9Z�33L b14> 738-6858 r of person familiar with project. T/5 /OA t nl"tEn7A4Cf ON 40( NCB Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. b� ArJ CC SNSVP -NAZ 59"10E.5 OF 04u600JIA0 2N6 (084 1.ANUSOO" Q2. 50(M 100 ruukTVII , Mw:- g Z S 3 ( __L7IL+) 578--704-0 % CFmx bZ(c -75167 Page 12 of 16 Addendum No. I July 9, 2009 BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned Bidder is familiar with the requirements of Section 1777.5 of the State labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. Contribute to the fund or funds in each craft or trade in which he employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed Title tWE5l QEAf i' Firm 6 —t-4 -4 AF. —1 G EO§I Nr Et , d! fl_ &-D MAt dMAIMCEI SNC Date -Tyu f 15 L" 2cu9 Page 13 of 16 Non - Collusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, Partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Subscribed and sworn to before me this - 1,4 tfr. day of Signed Notary Public Notary Seal: LIAR 4� [ COMmk lao 11"IftV s I! " W "� Addendum No. I July 9, 2009 Bidder's Statement Regarding "Anti- Kickback" Requirements The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti- Kickback" Act (1 S USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. -- Signed Title Firm 'Irk ENC�iti1. =r kIUEI Rol) MAI�ITt✓IANIF_ TIC. Date ffL/ 4 15 7" 2009 Page 15 of 16 Contractor's Licensing Statement Addendum No. I July 9, 2009 The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: ECOAIOUTE. T A46- -1 e- Enitat nl EEelr4L3 *0 A44mr NA',E 1 IW . Business Address: 33W E. LA PAL4w AvE A`IAHEJMt U g2bNo Telephone: 01±1 106* -22175 I 7l4-Ej (06to-/(2-3 State Contractor's License No. and Class: [30%71 d-i 0 Expiration Date: j /3j /2�7 Signed: Title: PIOC-7S 106M— Page 16 of 16 A �2GC s. 1 5-(o sns u arnnrao 1 ACORD,w CERTIFICATE OF LIABILITY INSURANCE oaiisa00W09 YY' PRODUCER BUT Insurance Services of Orange County 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # WSURED Econolite Traffic Engineering & Maintenance, Inc. 3360 E. La Palma Ave. Anaheim, CA 92806 INSURER Travelers Property Casualty Co 25674 INSURERS: St Paul Fire & Marine Ins Compa 24767 INSURER Travelers Casualty Company of C 36170 WSURER o. EACH OCCURRENCE 1$1.000,000 INSURER E. DAMAGE -9 RENTED y TI Ra ED 1$1.000.000 LUvc.VCJ 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR HSR TYPE OF INSURANCE POLICY NUMBER P DATPIMMID THE DIM PO Y PIRATION DATE TMNWIQ�l LIMITS A GENERAL UAE:UTY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX1 OCCUR 6303193N$00 04127109 04127118 EACH OCCURRENCE 1$1.000,000 DAMAGE -9 RENTED y TI Ra ED 1$1.000.000 MEDEXP(M memm ) IS5.000 PERSONAL 6 ADV INJURY $1.000.000 GENERAL AGGREGATE s2.000.000 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGO s2000000 POLICY P'T F7 LOC A AUTOMOBILE LIABILITY ANY AUTO 8103193N600 04127109 04127110 COMBINED SINGLE LIMIT (EA aCGEent) $1,000,000 X X X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -0WNEO AUTOS �/ �T!� APPR A� Y I'+ ,L C AS TQ RM BODILY INJURY (Per PeIHI^) S BODILY INJURY (Pr. .t) $ ) // I PROPERTY DAMAGE (Per ..d O S AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY ANY AUTO LauI ASSISCa t ,ty Attorn Y EA CC OTHER THAN A AUTO ONLY: AGG s I B EXCESSNMSRELLALIABILITY QK04500579 04127109 104127110 EACH OCCURRENCE 1$2.000.000 AGGREGATE 52000000 X OCCUR �CLAIMS MADE $ s DEDUCTIBLE X IT, NC SrATU- C X l RETUATI J»: $ 10000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB2802N94609 _ 04101109 04101/10 E.L. EACH ACCIDENT $1 DBB OOO E.L. DISEASE - EA EMKOYEE $1,000,000 ANY PROPRIETOPoPARTNER'EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - POLICY LIMIT $1000000 Ryes0 P"'cnJW SPECIAL PRO`/1 IONS Below OTHER DESCRIPTION OF OPERAMNS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is added as Additional Insured per policy form #CGD2470805 & Waiver of Subrogation per policy form #CGD1871103 both a part of policy # 6303193N600TIL09. RE: Traffic Signal System, Advanced Traffic Management System, and Street Light System Maintenance in and for the City of Santa Ana. Certificate (See Attached Descriptions) City of Santa Ana Attn: Vinh Nguyen P.O. Box 19881 M043 Santa Ana, CA 92702 -1988 25 (2001108) 1 of 3 #534711271M3471077 LID ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUWG INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN :E TO THE CERTWICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL W NO OBLWATION OR LUIBWTY OF ANY KIND UPON THE INSURER. ITS AGENTS OR CLRAG o ACORD CORPORATION 198E IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 2es 120011081 2 f 3 US3471127IM3471077 DESCRIPTIONS (Continued from Page 1) Holder is amended to read: The City, its officers, employees, agents, volunteers and representatives AMS 25.3 Q001 IDS) 3 of 3 YS34711271M3471077 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6303193N600TIL09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S). As per Certificate Holder Name on the attached Certificate of Insurance. PROJECT /LOCATION OF COVERED OPERATIONS: As per project description on the attached Certificate of Insurance. 1. WHO IS AN INSURED — (Section 11) is amended b) The Insurance provided to the additional in- to include the person or organization shown in the sured does not apply to "bodily injury', "prop - Schedule above, but: erty damage" or "personal injury" arising out a) Only with respect to liability for "bodily injury° of the rendering of, or failure to render, any "property damage- or "personal injury'; and professional architectural, engineering or sur- services, Including: to the extent that, the injury or b) If, and only to 1. The preparing, approving, or failing to damage is caused by acts or omissions of prepare or approve, maps, shop draw - you or your subcontractor In the performance ings, opinions, reports, surveys, field or- of "your work" on or for the project, or at the ders or change orders, or the preparing, location, shown in the Schedule. The person or organization does not qualify as an addi- approving, or failing to prepare or ap- tional insured with respect to the Independent prove, drawings and specifications; and acts or omissions of such person or organiza- it. Supervisory, inspection, architectural or tion. engineering activities. 2. The insurance provided to the additional insured c) The insurance provided to the additional in- by this endorsement is limited as follows: sured does not apply to "bodily Injury" or a) In the event that the Limits of Insurance of 'property damage' caused by "your work' 'products this Coverage Part shown in the Declarations and Included in the - completed op- erations hazard" unless a "written contract exceed the limits of liability required by a requiring Insurance' specifically requires you "written contract requiring insurance" for that to provide such coverage for that additional additional insured, the insurance provided to insured, and then the insurance provided to the additional insured shall be limited to the the additional insured applies only to such limits of liability required by that written con- "bodily injury" or 'property damage' that tract requiring insurance'. This endorsement curs before the end of the period of time for shall not increase the limits of insurance de- which the 'written contract requiring scribed in Section III — Limits Of Insurance. erage ance" requires you to provide such coverage CG D2 47 08 06 0 2005 The St. Paul Travelers Companies, Inc. Page t of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement, However, if a "written contract requiring insurance' for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non - contributory basis, this insurance is pri- mary to 'other insurance" available to the addi- tional insured which covers that person or organi- zation as a named insured for such loss, and we will not share with that 'other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance ", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured under such 'other insurance ". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional ensured must give us written notice as soon as practicable of an 'occur- rence' or an oflense which may result in a claim. To the extent possible, such notice should include: I. How, when and where the 'occurrence" or offense took place; II. The names and addresses of any injured persons and witnesses; and III. The nature and location of any injury or damage arising out of the "occurrence' or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and II. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and Indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring Insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury' and "property damage' oc- curs 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 2 of 2 ® 2005 The St. Paul Travelers Companies, Inc. CG D2 47 08 05 COMMERCIAL GENERAL LIABILITY The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit, 4. Under DEFINITIONS (Section V), Paragraph a. of the definition of "insured contract" is amended so that it does not include that por- tion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with perinir sion of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. 5. This Provision D. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. E. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that oerson or organization; "your work'; or 'your products'. We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. F. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the fol- lowing provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The Insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. �. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, urdess you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. G. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured') with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such additional in- sured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any 'occurrence" that takes place after the equipment lease expires; or b. "Bodily injury' or 'property damage" aris- ing out of the sole negligence of such ad- ditionallnsured. 3. The Insurance afforded to the additional In- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a ph- mary or contributory basis. H. INCIDENTAL MEDICAL MALPRACTICE 1. The definition of 'bodily injury" in DEFINI- TIONS (Section V) is amended to include 'in- cidental Medical Malpractice Injury'. Page 4 of 7 Copyright, The Travelers Indemnity Company, 2003 CG D1 8711 03 ACORDTM CERTIFICATE OF LIABILITY INSURANCE (MMIDD/Y YY) POLICY NUMBER POLICY EFFECTIVE T M 04DATE /27/2010 PRODUCER A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB &T Insurance Services 6303193N600TIL10 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of Orange County EACH OCCURRENCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 680 Langsdorf Drive Suite 100 DAMAGE TO RENTED Fullerton, CA 92831 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Property Casualty Co 25674 nolite Traffic Engineering & PERSONAL & ADV INJURY INSURER B: St Paul Fire & Marine Ins Compa 24767 Mai Maintenance, Inc. INSURER c: Travelers Indemnity Company of 25682 3360 E. La Palma Ave. GENERAL AGGREGATE Anaheim, CA 92806 INSURER D: GL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE T M POLICY EXPIRATION A LIMITS A GENERAL LIABILITY 6303193N600TIL10 04/2712010 04127/2011 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL L ABILITY DAMAGE TO RENTED $1,000,000 CLAIMS MADE 51 OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2 OOO 000 IR- JEOCT LOC A AUTOMOBILE LIABILITY ANY AUTO 8103193N600TIL10 04127/2010 04/27/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON -OWNED AUTOS APPROVED AS TO FORM BODILY INJURY (Per accident) $ X . 7_..___._.-_,.w PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO r- ESlssistaII 1 iGC•_., . City AEtur's;C AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC $ $ AUTO ONLY: AGG B EXCESS / UMBRELLA LIABILITY QK04500824 04/27/2010 04127/2011 EACH OCCURRENCE s2,000,000 X OCCUR FI CLAIMS MADE AGGREGATE s2,000,000 $ DEDUCTIBLE $ X RETENTION $ 10000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY _ UB2802N94610 04/01/2010 04/01 /2011 X WC LIMIT OTH- E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE t�FFICER/M�MBER EXCLUDED? (mmandatory In ) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is added as Additional Insured per policy form #CGD2470805 & Waiver of Subrogation per policy form #CGD1871103 both a part of policy #6303193N600TIL09. RE: Traffic Signal System, Advanced Traffic Management System, and Street Light System Maintenance in and for the City of Santa Ana. Certificate (See Attached Descriptions) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN Attn: Vinh Nguyen NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL P.O. Box 1988 / M043 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92702 -1988 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) 1 of 3 #S4926205/M4926088 © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CLRAG IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) 2 of 3 #S4926205/M4926088 DESCRIPTIONS (Continued from Page 1) Holder is amended to read: The City, its officers, employees, agents, volunteers and representatives AMS 25.3 (2009/01) 3 of 3 #S4926205/M4926088 POLICY NUMBER: 6303193N600TIL 10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): As per Certificate Holder Name on the attached Certificate of Insurance. PROJECTILOCATION OF COVERED OPERATIONS: As per project description on the attached Certificate of Insurance. 1. WHO IS AN INSURED — (Section II) is amended b) The insurance provided to the additional in- to include the person or organization shown in the sured does not apply to "bodily injury" "prop - Schedule above, but: erty damage" or "personal injury" arising out a) Only with respect to liability for "bodily injury", of the rendering of, or failure to render, any "property damage" or "personal injury"; and professional architectural, engineering or sur- veying services, including: b) If, and only to the extent that, the injury or damage is caused by acts or omissions of i. The preparing, approving, or failing to you or your subcontractor in the performance prepare or approve, maps, shop draw - of "your work" on or for the project, or at the ings, opinions, reports, surveys, field or- location, shown in the Schedule. The person ders or change orders, or the preparing, or organization does not qualify as an addi- approving, or failing to prepare or ap- tional insured with respect to the independent prove, drawings and specifications; and acts or omissions of such person or organiza- III. Supervisory, inspection, architectural or tion. engineering activities. 2. The insurance provided to the additional insured c) The insurance provided to the additional in- by this endorsement is limited as follows: sured does not apply to "bodily injury" or a) In the event that the Limits of Insurance of "property damage" caused by "your work" this Coverage Part shown in the Declarations and included in the "products - completed op- exceed the limits of liability required by a erations hazard" unless a "written contract "written contract requiring insurance" for that requiring insurance" specifically requires you additional insured, the insurance provided to to provide such coverage for that additional the additional insured shall be limited to the insured, and then the insurance provided to limits of liability required by that "written con- the additional insured applies only to such tract requiring insurance ". This endorsement "bodily injury" or "property damage" that oc- shall not increase the limits of insurance de- curs before the end of the period of time for scribed in Section III — Limits Of Insurance. which the "written contract requiring insur- ance" requires you to provide such coverage CG D2 47 08 05 ® 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if a "written contract requiring insurance" for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non - contributory basis, this insurance is pri- mary to "other insurance" available to the addi- tional insured which covers that person or organi- zation as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance ", whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured under such 'other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and Ill. The nature and location of any injury or damage arising out of the 'occurrence' or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: 1. Immediately record the specifics of the claim or "suit" and the date received; and IL Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of 'other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs 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 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 47 08 05 COMMERCIAL GENERAL LIABILITY The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (Section V), Paragraph a. of the definition of "insured contract" is amended so that it does not include that por- tion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permis- sion of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. S. This Provision D. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. E. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work "; or 'your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. F. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the fol- lowing provisions: its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. G. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured') with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such additional in- sured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after the equipment lease expires; or b. "Bodily injury" or "property damage" aris- ing out of the sole negligence of such ad- ditional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. H. INCIDENTAL MEDICAL MALPRACTICE 1. Limits of Insurance. The limits of insurance 1. The definition of 'bodily injury" in DEFINI- afforded to the additional insured shall be the TIONS (Section V) is amended to include "In- limits which you agreed to provide, or the lim- cidental Medical Malpractice Injury". Page 4 of 7 Copyright, The Travelers Indemnity Company, 2003 CG D1 87 11 03 rlee..rec. � ACORO,a CERTIFICATE OF LIABILITY INSURANCE v DD""'"' NSR ;;;;20; PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BBST Insurance S @rvices ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of Orange County 680 Langsdorf Drive Suite 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LU\BIDTV Fullerton, CA 92831 INSURERS AFFORDING COVERAGE NAIC # INSURED Aegis ITS, Inc- 3360 E. La Palma Ave. Anaheim, CA 92806 INSURER A: Tray @I@r!i Prope Casualt CO 25674 INSURER B: St Paul Fire $Marine Ins Comps 24767 INSURER a Travelers Indemnity Company of 25682 INSURER D: S1 OOO OOO MED EXP (M one person) INSURER E' PERSONAL 6 ADV INJURY 31 OOO OOO THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR n,IAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 04/27!2012 DMIT8 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL �O_ DAYS WRITTEN A GENERAL LU\BIDTV 6303193N600TIL11 04/27/2011 EACH OCCURRENCE s1 000 000 REPRESENTATIVES. COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR AUTyH�ORIZED REPRE'SENOTATIVE� DAMAGE TO RENTED S1 OOO OOO MED EXP (M one person) S$ DDD PERSONAL 6 ADV INJURY 31 OOO OOO GENERAL AGGREGATE S2 DOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG 52 OOO OOO POLICY PROT LOG A AUTOMOBILE X LIABILITY ANY AUTO 8103193N600TIL11 04/27/2011 04/27/2012 COMBINED SINGLE LIMIT (Ea ecdaent) x1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per parson) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per acGtlan[) S PROPERTY DAMAGE (Par errJaant) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC E ANY AUTO S AUTO ONLY: qGG B EXCESS / VMBRELLA LIABILITY X OGCVR � CLAIMS MADE QK04501090 04/27/2011 04/27/2012 EACH OCCURRENCE s2 ODD 000 AGGREGATE 52 OOO OOO S 5 ❑EDUCTIBLE X RETENTION S 10000 y C WORKERS COMPENSATION AND EMPLOYERS' LUIBI LITY U62802N94611 04/01/2011 04/01/2012 X WC srATU- DTI+ E.L. EAGHAGGIDENT 51 DDD DDD ApNYGP`ROPRIETORIPARTNEWEXEGUTIVE w� FIB 9FJ3 EXGLU DEDY E.L. DISEASE - EA EMPLOYEE 51 DOD OOD (IaF✓•,lid� If yas, tlescribe untler SPECIAL PROVISIONS DeIOw E.L. DISEASE - POLICY LIMIT S1 DOD OOO OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES / EXOLUSION9 ADDED BY ENDORSEMENT /SPECIAL PROVISIONS `� Certificate Holder is added as Additional Insured per policy form #CGD2470805 &Waiver of Subrogation /- -�� /�� / / � per policy form #CGD1871103 both a part of policy #6303193N600TIL09. � � ! �—nC� n��: y RE: Traffic Signal System, Advanced Traffic Management System, and Street � � ��` � '��.t r" � " *' (See Attached Descriptions) -- --- — -- — w+Ilvry Iv a,e s for rlon -ra mom SHOULD ANY OF THE ABOVE DESCRIHEO POLIOIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL �O_ DAYS WRITTEN Attn: Vinh Nguyen NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL P.O. BOX 1988 / M043 IMPOSE NO OBLIGATION OR LIABILITY OF ANY NIND UPON THE INSURER n3 AGENTS OR Santa Ana, CA 927D2 -1986 REPRESENTATIVES. AUTyH�ORIZED REPRE'SENOTATIVE� I/ �/ �Q�/ AGORD 25 (2009/07) 1 Of 3 #S7835457/M6602656 m 1988 -2009 ACORD CORPORATION. All Nghts reserved. The ACORD name and logo are registered marks of ACORD CLRAG IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements ). DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. .�aa..vnu co l «+�+y /�+�I 2 of 3 liS7835457/M6602656 DESCRIPTIONS (Continued from Page 1) Light System Maintenance in and for the City of Santa Ana. Certificate Holder is am¢nded to read: The City, its officers, employees, agents, volunteers and representatives AMS 25.3 !2009 /O� 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6303193N600TIL 11 THIS ENDORSEMENT CHANGES THE PpLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSONS) OR ORGANIZATION(S): As per CertifCate Holder Name on the attached Certificate or Insurance. PROJECT /LOCATION OF COVERED OPERATIONS: As per project description on the attached Certificate of Insurance. 1, WHO IS AN INSURED — (Section II} is amended to include the person or organization shown in the Schedule above, but: a) Only with respect to liability for "bodily injury ", "property damage" or "personal injury "; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the pertormance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not qualify as an addi- tional insured with respect to the independent acts or omissions of such person or organiza- tion. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability requiretl by a "written contract requiring insurance" for that additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by that "written con- tract requiring Insurance ". This endorsement shall not increase the limits of insurance de- scribed in Section 111 — Limits OI Insurance. b) The Insurance provided to the additional in- sured does not apply to "bodily injury ", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any processional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or falling to prepare or ap- prove, drawings and specifications; and il. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily Injury" or "property damage" caused by "your work' and included in the 'products - completed op- erations hazard" unless a "written coniract requiring Insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage' that oc- curs before the end of the period of time for which the 'written contract requiring insur- ance" requires you to provide such coverage CG D2 47 08 OS m 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL t_IABILITY or the end of the policy period, whichever is earlier. 3. The insurance provkted to the additional insured by this endorsement is excess over any valid and collectible "other insurance', whether primary, excess, contingent or on any other basis, that is available to the additional Insured for a loss we cover under this endorsement. However, if a "written contract requiring insurance" for that 8d- ditional insured specifically requires that this in- surance apply on a primary baste or a primary and non - contributory basis, th[s insurance is pri- mary to 'other insurance" available to the addi- tional Insured which covers that parson or organl- zation as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance', whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional In- sured under such "other insurance'. 4. As a condition of coverage providetl to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice shouki include: i_ How, when and where the 'occurrence' or offense took place; if. The names and addresses of any injured persons and witnesses; and III. The nature and location of any injury or damage arising out of the "occurrence' or off ®nee. b) if a claim is made or "suit' is brought against the additional insured, the additional insured must: 1. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured mtast see to it that we receive written notice of the cisim or 'suit as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connectbn with the claim or `suit', cooperate with us in the Investigation or settlement of the claim or defense against the 'suit ", and otherwise comply with all policy oondftions. d) The additional insured must tender the de- fense and indemnity of any claim ar "suit' to any provider of "other insurance` which would cover the addttional insured for a foss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFiN1T10NS: 'Written contract requiring insurance' means that part of any wriMen contract or agreement under which you are required to include a person or organization as an additional in- sured on this Goverage Part, provided that the 'bodily injury' and "property damage" oc- curs 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 2 of 2 � 2l]05 The St. Paul Travelers Companies, Inc- CCi Q2 4T Ot3 OS COMMERCIAL GENERAL LIABILITY The Damage To Premises Rented To You Limit will be the higher ol: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (Section V), Paragraph a. of the definition of "insured contract" is amended so that it does not include that por- tion of the contract fora lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permis- sion of the ow,•ner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or a. Water. 5. This Provision D. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 — Coverages) is excluded by endorsement. E_ 6LANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work'; or 'your products'. We waive this right where you have agreed to do so as paK of a written contract, executed by you prior to loss. F. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as 'additional insured ") with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the fol- lowing provisions: 7. Limits of Insurance. The limits of insurance af/orded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations perionned by or on behalf oT such additional insured_ 3. The Insurance afforded to the additional In- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. G. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include a5 an insured any person or organization (referred to below as "additional insured'} with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such additional in- sured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provid ®, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after the equipment lease expires; or b. "Bodily inJury" or "property damage" aris- ing out of the sole negligence of such ad- ditional insured. 3. The Insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply one pri- mary or contributory basis. H_ INCIDENTAL MEDICAL MALPRACTICE �. The definition of "bodily injury" in DEFINI- TIONS (Section V) is amended to include "In- cidental Medical Malpractice Injury'. Page 4 of 7 Copyright, The Travelers Indemnity Company, 2003 CG D1 67 y1 03 Client#: 1260332 305ECOI+iOGRO DATE=. (MwoomYn ACORD- CERTIFICATE OF LIABILITY INSURANCE 04/27/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORM N ONLY A D F S RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THEN THE 18SU NG NSUR . S), AUTHOLRMED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT STITUTE A CONTRACT �E REPRESENTATIVE OR PRODUCER, AND THE CERTIFICHOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(i63) must be end: orsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTA PRODUCER NAME: 6681T Insurance Services I (° Eg; 714 578 -7000 Alc, No AIL of Orange County aooRESS_ _- __.— _------- __ - - -- -- -- f----- F2674 680 Langsdorf Drive Suite 100 (NSURER(S) AFFORDING COVERAGE Fuller url, C►. X2831 logs €'rupoiy (casualty Co tNSUREQ INSURER B : Liberty Insurance Un.! irwriters Aegis ITS, Inc. (� ,RERc ; RSUi Indemni Com an rust _'_ x -- 3360 E. i_a Palma Ave. t — INSURER D Anaheim, CA 92806 a00Of "� INSURER E: N2URER F; COVERAGES CERTIFICATE NUMBER: .��o -• _____ 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE tCPY 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. ..— .._._.__ p�LICY EFF POLICY EXP— T - -_ —_ U _ lNSR AO 6 POLICY NUNBER I (NM1ODMYY MMlDOIYYYYii —_- rar5 T�7� OF fN.4tJRANCE I R VfVD — LTR �.---_- 7/2012 01!27/201 F•acwoccuRRENCE $1,000,000 NERAL 1;ASI LITY 16303193N600TIL12 /2- {, COMMERCIAL GENERAL LIABILITY CIA',.v.s.;v GE n OCCUR GEN-L AGGREGATE LIMIT APPLIES PER: f ._ .� PRO - -- , -'P C'i L__ . ,_SECT —1 �0= A AUTOMOEIL F t 1 11311- TY XI ANY AUTO 7 ALL O\NNE? CHEDULED I__� AUTOS — NOtJ -0WNEO 1�� ,IRED AUi OS X AUTOS 8103193N600TIL12 g X� I)M3RF LA uAB X occuR UMBLA2559181 EXCESSLJAB .._ CLAIMS -MADE j �-1-- --- T- -_. OED __i RFTENI IONS I WORKERS Co11TF �XSIITION U B9501 BO9612 A AND EMPLOYCRS' LIABILITY Y! N ANY PROP RIE7 ORIFART NER/EX "CUTIVE❑ INIA OFFICERIMEMBER EXC�_UDEO9 tuwwatory In NH.' if vas— ies:n`.a "; *'d r C (Auto Excess Liability NHA230367 i ME-j:' tXP (Any one Person) I. D I= �.:;7NALH AOV INJURY S1 PRODUCTS. COMPIOP AGG $ 2 S 94/2712012 041271201 � NdEe�tSINGLE LIMIT 51 "4-It soon.Y INJURY (Per person) $ P�BODILY INJURY (Per accident) S OPERTY DAMAGE $ Pg� e�id�`I - $ 9412 12012 (Ai27/2013! E,-.(:F OCC_JRRENCE $i I � $ aru- OT+ 42712012 04/27/2013 X l Q _ - E.L EACH ACCIDENT 151 E.L. DISEASE - EA EMPLOYEE $1 El '31 SENSE - POLICY LIMIT 1 $1 $5 ,;f0i),000 DESCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks S;N wq, if mow space is required) Certificate Holder is added as Additional Insured per policy form #CGD2470805 & Waiver of Subrogation per policy Sol-in #CGD4581008 both a part of policy #6303193N600TIL12. Certificate Holder is amended to read: The City, its officers, employees, agents, volunteers and representatives RE: Traffu $#iprai 5ustem, Advanced Traffic Management System, and Street Light System Maintenance in and for the City of Saiita Ana. L � I; o i- LJ -'i 10 t [ 4 1 u SHOULD ANY OF THE ABOVE D£S-;ftiFiEJ POLICIES BE CANCELLED BEFORE City of Santa Ana �, //' i E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Affin: V•tnh Nguyen ACCORDANCE WITH THE POLICY PROVISIONS. P.FJ. Box 1988 / Lib043 Lr c�.il:"1!d Ane, CA 42702 -1988 t A' t1TFfoRIZED REPRESENTATIVE C 1988 -2010 ACOR.0 CORPORATION. All rights reserved., ACORD 25 1 of 1 The ACORO name and logo are registered m -irks of ACORD #S854386dAi85d3853 CLRAG Client #: 1260332 305ECONOGRO ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIYYY 04/09/201? 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 be endorsed. If SUBROGATION IS WAIVED, subject 40 the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER �NAMEACT BB &T Insurance Services PHONE - of Orange County e n Lo Ext : 714 578 -7000 ! ( Ne): 877.297 -1116_ 680 Langsdorf Drive Suite 100 A DDRESS: Fullerton, CA 92831 INSURERS) AFFORDING COVERAGE �- NAIC # - -- NSURE INSURED _ INSURER A: Travelers Property Casualty Co 25674 Aegis ITS, Inc. I INSURER B: 3360 E. La Palma Ave. I INSURER C : Anaheim, CA 92806 I INSURER D : _ . INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: R REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N NOTWITHSTANDING ANY REQUIREMENT, TI_RM OR CONDITION O OF ANY CONTRACTOR OTHER DOCUMENT WITH R CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B RESPECT TO WHICH THIS TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. — — - _ _ INSR -- - -..... _ r M - - -- - - -- EACH OCCURRENCE $ MMERCIAL GENE I - -T — -- ._ DAMAGE TO RENTED - IR�AL L PREMISES (Ea occurrence . C MED EXP (Any one person) $ —_ " -- P PERSONAL 8 - --_ADV DV-- IN-J---_ URY $ _.._.. -- - - - - - G GENERAL AGGREGATE $ - - -- PRO- PRODUCTS - COMP /OP AGG $ P POLICY P AUTOMOBILE LU161UTY - $ ANY AUTO (Ea acatL__ den g ALL OWNED _I SCHEDULED B BODILY INJURY (Per person) $ HIRED AUTOS N -- 1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more s RE: Traffic Signal System, Advanced Traffic Management System, and Street °"° le required) Light System Maintenance in and for the City of Santa Ana. Certificate > Pi' a�' '' -' 1:� f +� FQR1Vj Holder is amended to read: The City, its officers, employees, agents, volunteers and representatives r•coT�on wTr u... .....� ,ni: , ._,�. � �tIUr. ^, JV City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Vinh Nguyen THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 1988 / M043 Santa Ana, CA 92702 -1988 1 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD fICRAA9nQ7rmRAASndn GAGAB COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6303193N600TI1_ 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): As per Certificate Holder Name on the attached Certificate of Insurance. PROJECTILOCATION OF COVERED OPERATIONS: As per project description on the attached Certificate of Insurance. 1. WHO IS AN INSURED — (Section II) is amended b) The insurance provided to the additional in- to include the person or organization shown in the sured does not apply to "bodily injury", 'prop - Schedule above, but: arty damage' or "personal injury" arising out a) Only with respect to liability for "bodily injury', of the rendering of, or failure to render, any "property damage" or 'personal injury'; and professional architectural, engineering or sur- b) If, and only to the extent that, the injury or veying services, including: damage is caused by acts or omissions of 1. The preparing, approving, or failing to you or your subcontractor in the performance prepare or approve, maps, shop draw - of "your work' on or for the project, or at the ings, opinions, reports, surveys, field or- location, shown in the Schedule. The person ders or change orders, or the preparing, or organization does not qualify as an addi- approving, or failing to prepare or ap- tional insured with respect to the independent prove, drawings and specifications; and acts or omissions of such person or organiza- ii. Supervisory, inspection, architectural or tion. engineering activities. 2. The insurance provided to the additional insured c) The insurance provided to the additional in- by this endorsement is limited as follows: sured does not apply to "bodily injury" or a) In the event that the Limits of insurance of "property damage" caused by "your work" this Coverage Part shown in the Declarations and included in the 'products - completed op- exceed the limits of liability required by a erations hazard" unless a "written contract 'written contract requiring insurance" for that requiring insurance" specifically requires you additional insured, the insurance provided to to provide such coverage for that additional the additional insured shall be limited to the insured, and then the insurance provided to limits of liability required by that "written con- the additional insured applies only to such tract requiring insurance". This endorsement "bodily injury' or 'property damage' that oc- shall not increase the limits of insurance de- curs before the end of the period of time for scribed in Section III — Limits Of Insurance. which the "written contract requiring insur- ance' requires you to provide such coverage CG D2 47 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 3. 4, or the end of the policy period, whichever is earlier. The insurance provided to the adtrrtiDnai insured by this endorsement is excess over, any valid and collectible "other insurance', whet primary, excesN contingent or on any other basis, that is avallWO. to the add tiortal insured for a loss' wo cover under this endorsement. However, if a 'written contract requiring. insurance" for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non- coritributory bass% "this inswmce pri- mary to 'orlher Insurance mrailable to the addi- tional insured which covers that person or organi- zation as a named insured far such loss, and we will not sham rpith that "other insurance': But the insurance provided to the addIftnal insured _by this endorsement still' is exams coyer' arry vaitd and ooUectible 'oltw insurance"; whether pri- mary, excess, contstgent or on any other basis, that Is available to the additional Insured' when that person car organization is an additional In sured-under such 'other iriffifianca`. As a condkion. of coverage provided. to the addblconad insured by this endorser a) The additional instt'md must give us written notice as soon as. $wWable of art, *occur - rence' or an offense which may result in a claim. To the extent possible,- such notice should fntkude: I. How. when and .where the *occurrences or offense tool per; IL The names and addresses of any Injured persons and witne4ses; and Ill. The nature and location of any injury or dwnage arising out of the'occurMW or by if a claim is made or `suit' is orought against the additlonal insured, the additional`lnstrred must: i. Immediately re=d the specifics of the claim or 'suit' and the date received; and ii. Notify us as soon as practicable. The apnal insured must see to it that we receive written notice of the claim or'suiY as soon as practicable. c) The additionai_ insured must immediately send us cope of all legal papers received in connection with the claim or 'suit•, coopensf$ with us in the Investigation . or settlement of the claim or defense against file 'suit', and otherwise comply with all policy conditions. d) The I additional insured must tender the de- fenst! and indemnity of any claim. or "suit' to � y provider of 'other insurance'' which would cover. the additional' insured for a loss we cover under this endorsement. Flowever, this condition does not affect whether the inw- awec provided to the addItIMAl insured by this endor9ectwt. is primary to_ "other _incur- anoe" avail" to the. additional insured which. covets that person or organization as a named insured ad descried in paragraph & above. S. The following, defirlition is added to SECTION V. DEFINITIONS Witten contract requiring insurance' means that part of any► written contract or agreement under which you are required to include a Person or organization as an additional fn- srenad on the Coverage Part, provided that the 'bodily Injury" and 'property damages oc- cure and the `personal injury" is coed by an offense committed a. After the signing and execution of the contract o r agreement by you; b. While that paint of the contract or agreement is In effect; and o. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CQ D2 47 08 05 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, tote Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A far damages because of "property damage" to any one premises While rented to you, oc temporarily occupied by you with permission of The owner, caused by fire; explosion; lightning; smoke resulting frotrt such .fire, explosion, or Ngtioing; or wa- ter. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrt+nee ", whether such damage results from fr're; explosion; lightdtV smoke resulting from 41kh fire, ex- ploslon; or iigttdtir g; water; or arty c 0ribina- don of any or these: The Damage To Premises Rented To You Limit wig be the hIgher of a. $300,000; or b. The amount shown on the Dedprations of this Coverage Part for Dpriage To Prem- ises Rented To You Lhrdt, 4. The following replaces Paragraph a. of too definition of "Insured contract" in the DEFER" TIONS Section: a. A contract fora lease of premises. Flow" ever, that portion of tho, contract for a lease of premises (teat k4ernnifies any person or organlzaoon for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused ter: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from such fire, ex- plosion, or lightning; or (5) Water, is not an 'Insured contract`; 5. The following replaces Paragraph 4.b.(1)(b) Of SECTION N — COMMERCIAL GENERAL LIABILITY CONDITIONS: (Ib) That is insurance for premises rented to you, or temporarily occupied by you with the permis0ion of owner, E: 6LANKET WAIVER OF SUBROGATION The following is added to Paragraph S., 'Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL L1- ABILITY CONDITIONS: We waive any right of recovery, we may have against any person or organization because of paymersts we make for injury or damage arising out of premises: owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work "; or 'your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. F. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS QR LQRS. OF PREMISES The.follow ng is addled to SECTION 0 — WHO 1S AN,iNSURED; Any person: or orgaphtOgn t1 at is a premises owner, manager or lessor and. that you Faye agreed in. a! written cozitVad or agreement to name as an additional insured on tilts Coverage Part is an'insuYed', but only with respect to liability far "bodily injury", "property damage`,. "personal injury" or " advertising injury" than a. Is "bocb'iy injury'" or "property damage;" caused by an•'006utrence" that takes plate, or "per - sonal, injury" �or °advertising injury" caused by an offense that is committed., after you have signed and executed that contract or agree- ment; and b. Arises out of the ownership, maintenance or use of than park of any premises leased to you. The insurance provided to such premises owner, manager 0c lessor is subject to the following pro- visions; a. The limits of insurance providers to such premises owner, manager or fess+a>• wf# be the limits which you agreed to provide irr ft written contract or agreement, or the limits shown on the Deldwations of this Co verage Part, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) "Bodily injury" or "property damage" caused by an *occurrence" that takes place, or 'p'ersonal injury" or "advertising injury" caused_ by an offense that is com- mitted, after you cease to be a tenant in that premises;. or (2) Structural alterations, new construction or demolition operations performed by or on Page 4 of 9 02008 The Travelers Compon6a. Inc CG D4 5810 08