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HomeMy WebLinkAboutCALIFORNIA PROFESSIONAL ENGINEERING, INC. (5)Recording Requested By, And When Recorded Mail To: Clerk of the Council, City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702 5 F%:" ! , } C L} Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder Iillllillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll10 FEE *$ R 0 0 0 7 9 8 4 7 6 8$* 201500060254610:17 am 11124115 63413N12F13 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused construction of Traffic Signal Raitt St & Adams St., and Class II Bike Lanes on First St. and C g Newhope St. under contract entered into on March 17, 2015, with California Professional w Engineering, Inc. on which contract The Hanover Insurance Company is surety. The property U on which such work improvement was placed is in the City of Santa Ana, County of Orange, C)State of California, and described as Project Nos. 12-6761, 14-6814, 14-6818 located at: Raitt aSt. & Adams St., First St., and Newhope St. The work improvement on said property was caccepted as completed on October 16, 2015. xo W p �GF-TFJ4ANA, A MUNICIPAL CORPORATION z E by Dated: % ' Z �� v� Pria al Civil Engineer- Tyrone Chesanek a TITLE W ______________________________ VERIFICATION I, the undersigned, say: I am the City Engineer - Edwin "William" Galves of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on , at SantaAna Califo i (Signature of in—di duaLewearing that the contents of Notice of Completion are true.) el oy REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: AWARD CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNAL AT RAITT & ADAMS, AND CLASS II BIKE LANES ON NEWHOPE STREET AND FIRST STREET (PROJECTS 126761, 146814, & 146818) (STRATEGIC PLAN NO. 6, 1, B & G) / CITY MAWAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED MAR 1 7 2015 )-3A R(As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $110,700 in Bicycle Transportation Account grant funds into the Select Street Construction revenue account and appropriating the same to the Select Street Construction Expenditure account. 2. Award a contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the bid in the amount of $684,671 for the construction of a traffic signal at Raitt Street and Adams Street; a Class II bike lane on First Street from Newhope Street to Harbor Boulevard; and a Class II bike lane on Newhope Street from Westminster Avenue to Fifth Street. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $855,800. DISCUSSION The recommended actions are needed for the City to proceed with construction of a new traffic signal at the intersection of Raitt Street and Adams Street, and Class 11 bike lanes on First Street and on Newhope Street in accordance with the Bikeway Master Plan. The new traffic signal at Raitt Street and Adams Street (Project 12-6761) includes dedicated left turn lanes. Class 11 bike lanes will be installed on First Street from Newhope Street to Harbor Boulevard (Project 14-6814), and on Newhope Street from Westminster Avenue to Fifth Street (Project 14-6818) (Exhibit 1). Once completed, these improvements will help to improve mobility and safety of bicyclists and pedestrians, while also accommodating traffic flow. Funds for the traffic signal and bike -related improvements in the amount of $745,100 were originally budgeted in the FY 2011-12, FY 2013-14, and FY 2014-15 Council -approved Capital Improvement Programs (CIPs). When it was determined that additional pavement work would be needed, staff submitted an application for Bicycle Transportation Account (BTA) funding. These Contract Award For Traffic Signal at Raitt/Adams & Bike Lanes on Newhope and First Streets March 17, 2015 Page 2 State funds are provided for eligible projects that improve safety and convenience for bicycle commuters. The BTA application was accepted and the City was awarded $110,700 (Exhibit 3). The added funding will be used to provide for a smooth Class 11 bike lane on First Street between Newhope Street and Harbor Boulevard. The following table summarizes the available funds and proposed expenditures for this project: Available Funds Prior Years & Current CIP $745,100 (various sources) BTA (Newly Added Amount) $110,700 Total Available $855,800 Proposed Expenditures $855,800 Project Cost Analysis In addition to the BTA Improvement Program Measure M2 funds. grant, project funding from the prior year CIPS include Bicycle Corridor (BCIP) funds, Highway Safety Improvement Program (HSIP) funds, and A Notice Inviting Bids was advertised on January 14 and 15, 2015, and bids were opened on February 4, 2015. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 13 Contractors requesting bidding documents 13 Bids received 4 Bids received from Santa Ana contractors 0 Contract Award For Traffic Signal at Raitt/Adams & Bike Lanes on Newhope and First Streets March 17, 2015 Page 3 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 California Professional Engineering La Puente $684,671 2 Elecnor Belco Electric, Inc. Chino $717,185 3 Select Electric, Inc. Poway $740,000 NR VT Electric, Inc. Ontario $614,623 A total of four bids were received, with the initial apparent low bidder requesting relief of their bid due to a major clerical error, rendering the bid nonresponsive (NR). The error was in the asphalt unit price; the bid reflected a unit price $15 per ton, whereas the unit price should have been $150 per ton. Staff reviewed the request and deemed it reasonable, since the other competitive bidders' unit prices ranged from $176 to $282 per ton. The Public Contract Code Section 5103 allows a bidder to be disallowed based on this type of error in their bid. A review of the remaining bids determined that California Professional Engineering submitted the lowest responsive bid in the amount of $684,671, which is consistent with the engineer's estimate of $641,480. Therefore, staff recommends award of this contract to California Professional Engineering. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2011-79, 2012-35 and 2012-38 were filed for this project. FISCAL IMPACT The Project Cost Analysis has estimated project expenditures to be $855,800, which includes the construction contract, construction administration and inspection, as well as contingencies. Bicycle Transportation Account grant funds in the amount of $110,700 will be deposited into the Contract Award For Traffic Signal at Raitt/Adams & Bike Lanes on Newhope and First Streets March 17, 2015 Page 4 Select Street Construction revenue account (05917002-52025) and appropriated into the Select Street Construction Expenditure account (05917660-66220) for Project 14-6818. Sufficient funding for the remaining $745,100 in project costs is available in the following project accounts: Project Account 12-6761 03217662-66220 - Measure M2 Local Fair Share 05917660-66220 - Select Street Construction Fund 05917663-66220 - Traffic Congestion Relief Fund HUT 2013 14-6814 03217662-66220 - Measure M2 Local Fair Share 05917660-66220 Select Street Construction Fund 14-6818 03217662-66220 - Measure M2 Local Fair Share 05917660-66220 - Select Street Construction Fund Public Works Agency FM/EWG/ET Exhibits: 1. Location Map 2. Cost Analysis 3. BTA Grant Award Notification 4. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez r" Executive Director Finance & Management Services Agency SAMA AHA City Council Project No. 12-GT58: Traffic Signal at. }.p • Agenda Date Raitt Street[Adams Street Project No. 14-6814: Class It Bike Lane on First St, March 3, 2015 Project No. 14-6818: Class It Bike Lane on Newhope St. EXHIBIT 1 COST ANALYSIS PROJECT NOS. 12-6758,14-6814 & 14-6818: TRAFFIC SIGNAL AT RAITT STREEVADAMS STREET; CLASS II BIKE LANES ON FIRST STREET AND CLASS II BIKE LANCE ON NEWHOPE STREET Exhibit 2 SC TC OF CAL OR - PQRTAUQN ANDr(OUSQFaCY EDMUND BROWN 1%. O DEPARTMENT OF TRANSPORTATION DIVISION OF LOCAL ASSISTANCE P.O. Box 942874, MS -83 SACRAMENTO, CA 94274-0001 PHONE (916) 653-0036 FAX (916) 654-6826 TTY 711 v m,.dotca.gov October 23, 2012 City of Santa Ana, Zed Kekula Senior Civil Engineer 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Zed Kekula, Congratulations! Flazyrompomerl Be energy efj]Nenll The following project has been approved for 2012-13 Bicycle Transportation Account (BTA) funding. BTA 1213-12.ORA-04 First Street Class II Bikeway BTA awards now provide recipients with up to six years (through 20 18) to complete projects. Recipients have one year to allocate (7/1/2012-6/30/2013), and up to five years (7/1/2012- 6/30/2018) to encumber and liquidate the fimds. Final invoices are due 4/1/2018 with funds lapsing 6/30/2018. This change in legislation provides local agencies plenty of time to complete projects, avoiding the need for cooperative work agreements or time extensions. Please note as stated in the application in order for the fmrds to be encumbered you must provide the longitude and latitude of your project along with the two signed original agreements. Early completion of projects is encouraged. Attached is the Local Agency — State Agreement (Agreement) for the approved project. This document identifies important dates for awarding contracts, submitting invoices and completing projects. Please abide by the terms of the Agreement to ensure your agency is reimbursed for the full award amount. Please see the BTA web pages for more detailed information on BTA allowable charges and invoicing instructions at: httn://www.dot. ea. gov/Irg/LocalProarams/bta/btawebPa ge.htm, After reviewing the Agreement, please print two copies, sign, and mail both to the address below by November 28, 2012. Once the Agreement has been fully executed, I will send an original to you for your records. You will then be able to submit invoices for reimbursement. When inquiring about the project, always include the BTA number found on the upper right of the first page of the Agreement. "Cmlann r improves nrobllh, ac . Callfomta " EXHIBIT 3 Senior Civil Engineer, Zed Kekula October 23, 2012 Page 2 Mail two signed originals along with the longitude and latitude by November 28, 2012 to: Deborah Lynch Bicycle Facilities Unit, MS -83 Division of Local Assistance California Department of Transportation P. O. Box 942874 Sacramento, CA 94274-0001 The District Local Assistance Engineer (DLAE) for your agency is your first contact on questions regarding the project. The DLAE can help your agency ensure the project is constructed to standards required for bicycle transportation projects. The DLAE can also help with solutions if unexpected problems arise. The Division of Local Assistance website has a list of DLAEs and contact information at: hfti)://www.dot.ca.gov/hq/LocadPrograins/dlae.titin. I am your contact for the BTA in Headquarters and can be reached by phone at (916) 653-0036 or e-mail at deborah lynch a dot. ca. gov. Again, congratulations on receiving a BTA award for an excellent project and submitting a well- prepared application. Sincerely, DEBORAH LYNCH Bicycle Program Coordinator Division of Local Assistance Attachment: cc: Caltrans District Local Assistance Engineers (DLAEs) Caltrans District Local Assistance BTA Coordinators "Ca11ra a Improves moblfhy oe. Cdif.mia" A-2012-223 LOCAL AGENCY - STATE AGREEMENT For BICYCLE TRANSPORTATION ACCOUNT PROJECT 12 City of Santa Ana Agreement No, BTA 12!13 -12 -ORA -04 District Local Agency THIS AGREEMENT, made in duplicate entered into effect as of this Ist day of July 2012, by and between the political entity identified above, a political subdivision of the State of California, hereinafter referred to as "LOCAL AGENCY", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and together referred to as "PARTIES' or individually as a "PARTY". WITNESSETH: WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and Sections 990 through 994.2, as implemented by regulations in Title 21, Division 2, Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds (herein referred to as STATE FUNDS) have been allocated to LOCAL AGENCY for the Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and hereafter referred to as "PROJECT'; and Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW THEREFORE, the PARTIES agree as follows: ARTICLE I - Project Administration I. This AGREEMENT shall have no force or effect with respect to PROJECT unless and until it has been fully executed by both STATE and LOCAL AGENCY, 2. EXHIBIT A designates the party responsible for implementing PROJECT, type of work, and location of PROJECT. 3. LOCAL AGENCY agrees to execute and return AGREEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may void AGREEMENT if not returned within the ninety (90) day period unless otherwise agreed by STATE in writing. 4. LOCAL AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply with the terms and conditions of this AGREEMENT. 5. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed AGREEMENT. 6. Projects allocated with STATE FUNDS from the Bicycle Transportation Account (BTA) will be administered in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 7. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, LOCAL AGENCY shalt provide a full-time employee to be in responsible charge of PROJECT. 8, LOCAL AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 9. The cost of maintenance, security, or protection performed by LOCAL AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 10. LOCAL AGENCY shall design and construct PROJECT in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. Ll. LOCAL AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 12. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. LOCAL AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM attached hereto as Exhibit B and further agrees that any agreement entered into by LOCAL AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit B (with third party's name replacing LOCAL AGENCY) as parts of such agreement. 13. LOCAL AGENCY shall include in all subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirement that all workers employed on public works aspects of any project (as defined in California Labor Code § 1720.1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the LOCAL AGNECY. ARTICLE II - Rights of Way I. No contract for the construction of PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, LOCAL AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of right of way by LOCAL AGENCY as provided for herein includes, and is limited to, the following: a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by LOCAL AGENCY. b) The cost of furnishing of right of way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners or remainder real property not actually taken but injuriously affected by PROJECT. c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code Sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d) The cost of demolition and/or the sale of all improvements on the right of way after credit are recorded for sale proceeds used to offset PROJECT costs. e) The cost of unavoidable utility relocation, protection, or removal. f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which LOCAL AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. LOCAL AGENCY agrees to indemnity and hold STATE harmless from any liability that may result in the event the right of way for PROJECT, including, but not limited to, being clear as certified, or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with federal and state laws. LOCAL AGENCY shall pay from its own non-matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to LOCAL AGENCY for the orderly prosecution of PROJECT work. 4. If PROJECT is not on STATE. -awned right of way, PROJECT shall be designed and constructed in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 5. If PROJECT involves work within or partially within STATE -owned right of way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual, Highway Design Manual, and California Manual on Uniform Traffic Control Devices and where appropriate, an executed cooperative agreement between STATE and LOCAL AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. LOCAL AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE right of way or work which affects STATE facilities. ARTICLE III - Engineering 1. LOCAL AGENCY eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. 2. LOCAL AGENCY eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense of personnel working on PROJECT, required materials, and automotive expense provided, however, LOCAL AGENCY shall contribute its general administrative and overhead expense. 4. LOCAL AGENCY employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. 5. LOCAL AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. 6. LOCAL AGENCY shall certify compliance or documentation of Categorical Exemption determination with the applicable provisions of the California Environmental Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act, ARTICLE IV - Maintenance and Management 1. LOCAL AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, LOCAL AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon LOCAL AGENCY acceptance of the completed construction contract, or upon the contractor(s) being relieved of the responsibility for maintaining and protecting PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership, liability, and expense thereof for PROJECT in a manner satisfactory to the authorized representative of STATE, and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of LOCAL AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, LOCAL AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representative of the STATE. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians, as PROJECT reasonably requires. Said operations and maintenance staff maybe employees of LOCAL AGENCY, another unit of government, or contractor under agreement with LOCAL AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the completed PROJECT improvements. ARTICLE V - Fiscal Provisions 1. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT. 2. STATE shall have the right to terminate this AGREEMENT if a contract for construction of PROJECT has not been awarded by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated. 3. STATE shall have the right to terminate this AGREEMENT if PROJECT costs have not been invoiced by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated, and as a minimum, to submit invoices at least once every six (6) months thereafter. 4. LOCAL AGENCY may submit signed invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the AGREEMENT has been executed by STATE. 5. LOCAL AGENCY agrees to submit a status report within thirty (3 0) days upon STATE'S request for the report. The PARTIES agree that STATE may void AGREEMENT if the status report is not returned within the thirty (30) day period unless otherwise agreed by STATE in writing. 6. LOCAL AGENCY agrees to complete PROJECT and submit a final invoice by April 1, 2018. STATE shall pay to LOCAL AGENCY the STATE FUNDS share of the actual cost of the PROJECT prior to June 30, 2018, the expiration date of STATE FUNDS included in this PROJECT. 7. Invoices shall be submitted on LOCAL AGENCY letterhead that includes the address of LOCAL AGENCY and shall be formatted in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by LOCAL AGENCY. All costs charged to this AGREEMENT by LOCAL AGENCY shall be costs allowable under the California Bicycle Transportation Act. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of canceled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 9. Payments to LOCAL AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by LOCAL AGENCY. 10. State will withhold ten (10) percent of the total of all STATE FUNDS for each progress invoice until LOCAL AGENCY submits the final invoice. IL The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, the required matching funds, and the ratio of STATE FUNDS to LOCAL AGENCY funds may not be adjusted to cover PROJECT cost increases. LOCAL AGENCY agrees that any increases in PROJECT cost must be defrayed with LOCAL AGENCY'S own funds. 12. LOCAL AGENCY shall use its own non -STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make a final determination of LOCAL AGENCY cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. 13. STATE FUNDS encumbered for PROJECT are available for liquidation only for three (3) years from the beginning of the State Fiscal Year in which the funds were appropriated in the State Budget. STATE FUNDS not liquidated within this period will be reverted unless a Cooperative Work Agreement (CWA) is submitted by LOCAL AGENCY and approved by the California Department of Finance in accordance with Government Code Section 16304. 14. The estimated costs of PROJECT are shown in EXHIBIT A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood that the allocation of STATE FUNDS shall not exceed that shown in EXHIBIT A. 15. In the event LOCAL AGENCY'S final costs of PROJECT are less than said estimate by reason of low bid or otherwise, the allocation of STATE FUNDS will be decreased in relationship to the percent funded by STATE as shown in EXHIBIT A. 16. Exhibit C defined as the "Certification of State Funding" template, shall be made a part of, and completed by STATE, prior to execution of this agreement. 17. Upon written demand by STATE, any overpayment to LOCAL AGENCY of amounts invoiced to STATE shalt be returned to STATE. ARTICLE VI - Audits, Third Party Contracting, Records Retention and Reports 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and LOCAL AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article VI. 2. LOCAL AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of LOCAL AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles; enable the determination of incurred costs at interim points of completion; and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 et seq., when applicable, and other matters connected with the performance and costs of LOCAL AGENCY'S contracts with third parties pursuant to Government Code Section 8546.7, LOCAL AGENCY, LOCAL AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above -referenced parties shall make such AGREEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to LOCAL AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and LOCAL AGENCY shall furnish copies thereof if requested. 4. 1 Any subcontract entered into by LOCAL AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article V, FISCAL PROVISIONS, and this ARTICLE VI, AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 5. To be eligible for local match credit, LOCAL AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE V in the same manner that is required of all other PROJECT expenditures. 6. In addition to the above, the pre -award requirements of third -party contractor/consultants with LOCAL AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. ARTICLE VTI - Miscellaneous Provisions 1. LOCAL AGENCY agrees to use all PROJECT funds reimbursed hereunder only for Bicycle Transportation Account purposes that are in conformance with Streets and Highways Code Sections 890 through 894.2 and other applicable California laws. 2. LOCAL AGENCY shall conform to all applicable state and federal statutes and Local Assistance Program Guidelines (LPGL) and Local Assistance Procedures Manual (LAPM) as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. Minor changes may be made in the PROJECT as described in Exhibit A upon notice to STATE. No major change, however, may be made to said PROJECT except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. 5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees, or agents of STATE. 6. LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. LOCAL AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by LOCAL AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE'S discretion, to deduct from the price of PROJECT, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code, section 10296, LOCAL AGENCY hereby certifies under penalty of perjury that no more than one final unacceptable finding of contempt of court by a federal court has been issued against LOCAL AGENCY within the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to comply with an order of a federal court that orders LOCAL AGENCY to comply with an order of the National Labor Relations Board. 9. LOCAL AGENCY shall disclose any financial, business or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL AGENCY shall also list current contractors who may have financial interest in the outcome of PROJECT undertaken pursuant to this AGREEMENT. 10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT initiated under this AGREEMENT. IL LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only for PROJECT work actually performed; or to deduct from PROJECT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE'S Contract Officer, who may consider any written or verbal evidence submitted by LOCAL AGENCY. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer. 13. Neither the pending of dispute nor its consideration by Contract Officer will excuse the LOCAL AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under; or in connection with any Work, authority orjurisdiction of LOCAL AGENCY arising under this AGREEMENT. It is understood and agreed that LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT. 15. Neither LOCAL AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under, or in connection with any work, authority orjurisdiction of STATE arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the LOCAL AGENCY and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) LOCAL AGENCY failing to timely proceed with effective PROJECT work in accordance with this AGREEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT, STATE reserves the right to terminate funding for PROJECT upon thirty (30) days written notice to LOCAL AGENCY. 17. No termination notice shall become effective if within thirty (30) days after receipt of a Notice of Termination, LOCAL AGENCY either cures the default involved, or if the default is not reasonably susceptible of cure within said thirty (30) day period the LOCAL AGENCY proceeds thereafter to complete that cure in a manner and timeline acceptable to STATE. 18. Any such termination shall be accomplished by delivery to LOCAL AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt; specifying the reason for the termination; the extent to which funding of work under this AGREEMENT is terminated, and the date upon which such termination becomes effective if beyond thirty (30) days after receipt During the period before the effective termination date, LOCAL AGENCY and STATE shall meet to attempt to resolve any dispute. I£ STATE terminates funding for PROJECT with 10 LOCAL AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY under this AGREEMENT prior to termination, provided; however, LOCAL AGENCY is not in default of the terms and conditions of this AGREEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due LOCAL AGENCY. 19. The "PROJECT" shall be constructed as provided in this AGREEMENT and in accordance with those laws applicable to LOCAL AGENCY. In the case of inconsistency or conflicts, the terms of this agreement shall prevail. 20. Without the written consent of STATE, this AGREEMENT is not assignable by LOCAL AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation By o f DEBORAH LYNCH, BTA Coordinator Bicycle Facilities Unit Division of Local Assistance LOCAL AGENCY City of Santa Ana By —--- Name: _TI Title: Ems, Lir O i� & Wi ,g Date: z?,� f ?, r G..-'` Date: ATTT. F Y MARIA D. HUIZAR CLFRK OF THE COUNCIL APPROVED AS TO FORM 11 ' ., Lsura Snle�t heedy� Assistant City Attorney, EXHIBIT A 12 xor�ctxan�sc a = t;>�$TSt': Local Agency: Ci of Santa Ana Agreement No. BTA 1213 -12 -ORA -04 Project Location: First Street from harbor Boulevard to Newho e Avenue Type of Work: Resign and construct a Class 11 Bikeway Len the 0.50 miles Funding' Source -preliminary;, En sneering Copstivctian EnRincerina RightafWay A uisition Cotistruotion Contract 1Totai Cost 'Pescont BTA $10,570 $15,855 $0 $102,275 $128,700 90% Local $0 $0 $0 $14,300 $14,300 $143,000 107o 100% Other Total $0 $10,570 $0 $0 $0 $15,855 $0 $116,575 12 EXHIBIT B FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM 1. In the performance of this AGREEMENT, LOCAL AGENCY will not discriminate against any employee for employment because of race, sex, sexual orientation, religion, age, ancestry, national origin, pregnancy leave, or disability leave. LOCAL AGENCY will take affirmative action to ensure that employees are treated during employment, without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical or disability leave. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. LOCAL AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided STATE setting forth the provisions of this Fair Employment section. 2. LOCAL AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 1290-0 et $eq.), and the applicable regulations promulgated thereunder (Cal, Code Regs. Title 2, §7285.0, et seq.) The applicable regulations of the Fair Employment and Housing Commission Implementing Government Code, section 12900(a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the LOCAL AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. LOCAL AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. The Contractor will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for purposes of investigation to ascertain compliance with the Fair Employment section of this AGREEMENT. 5. Remedies for Willfu] Violations: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which LOCAL AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that LOCAL AGENCY has violated the Fair Employment Practices Act and has issued an order under Labor Code, section 13 1426 which has become final or has obtained an injunction under Labor Code, section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this AGREEMENT either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services hereunder shall be borne and paid for by LOCAL AGENCY and by the surety tinder the performance bond, if any, STATE may deduct from any moneys due or thereafter may become due to LOCAL AGENCY, the difference between the price named in the AGREEMENT and the actual cost thereof to STATE to cure LOCAL AGENCY'S breach of this AGREEMENT. 14 EXHIBIT C MAY 7 2095 OPWA /EATovres (1) CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 12-6761:Traffic Signal Raitt St & Adams St PROJECT N0, 14-6814: Class II Bilre Lane on First St PROJECT NO. 14-6818: Class II Bike Lane on Newhope St This CONSTRUCTION CONTRACT is made and entered into this 3rd day of March, 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and California Professional Engineering, Inc,_ hereinafter referred to as "CONTRACTOR". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Traffic Signal at Raitt and Adams and Class II Bike Lanes on Newhope Street and First Street Improvements ("Work of Improvement") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following: • ..Notice Inviting Bids • ..Instructions to Bidders • ...Bid Proposal • ..Bid Bond • ..Contract Forms • ..Contract Bonds • ..General Provisions • ...Special Provisions • ...Technical Provisions • ..Project Plans • ...Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete Work of Improvement the sum total amount not to exceed $684,670.17, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A". The BID PROPOSAL contains a schedule of unit price(s) or lump sums) based on Page 1 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 12-6761: Traffic Signal Rett St & Adams St PROJECT NO. 14-6814: Class II Bike Lane on First St PROJECT NO. 14-6818: Class II Bike Lane on Newhope St approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, famish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10%) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). 7. CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25%) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. H H Page 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROTECT NO, 12-67fj�;T#fflc Signal RaRt St & Adams St PROJECT N0. 14�V Class II Bike Lane on First St PROJECT NO. 12§7.61Y Class II Bike Lane on Newhope St "19 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: 444A).D MARIA D. HUIZARR Clerk of the Council APPROVED AS TO FORM: SONIA R. CAR ALHO City tjttoyrrey\ Storck` Stant City Attorney Awarded to 'a5 �/a d on the basis of low t responsible nd responsive bidder in the amount of $ l 84/ w/ '71 CITY O ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: t� w Frec Mousavipour, P.E. Executive Director, Public Works Agency Page 3 of 3 Inc. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Los Angeles } On A rin i1 29, 2oi 5 before me , Diem Chu Notary Public, Date personally appeared Van Nguyen (here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Description of Attached Document .Title or Type of Document: Document Date: Other: DIEM 42 COMMS 20HU U1 'NOTARY PUALiC-OALIfORN[A N OPTIONAL Number of Pages: BOND N0, 1971689 BOND PREMIUM: $8,744.00 WHICH IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT ISSUED IN TRIPLICATE CITY yq c DUPLICATE ORIGINAL CIT A�y OF SANTA ANA California Professional Engineering, Inc. KNOW ALL MEN BY THESE PRCSENTSth at dba California Professional Electrical Engineering as CONTRACTOR and The Hanover Insurance Com an a corporation organized and existing under the laws of the State, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal SUM of Six Hundred Ei htv Four Th Dollars ($ 6a4, 670.17 }, which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound,jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agsreement with AGENCY dated Traffic Signal t Raitt and Adams and Class 22 Hike Lanes on Newhops March 3, 2015 —for , if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise It shall remain in full force and effect In favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 17 day of Febru._..., 20 is , CONTRACTOR*California Professional Engineering, Inc. den California Professional electrical Engineering SU Subscribed and sworn t&beforeme III this - -day of_ 20_ Signature: Notary Public in and for the County of State of Rate of premium on this bond is $ 12.77 per thousand. Total amount of premium charge is $ 8,744. 00 . To be filled in by Surety *WHICH IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT AMOUNT. *Provide CONTRACTOR /ADMITTED SURETYname, address, and telephone number and the name, title, address, and telephone number of authorized representative. CONTRACTOR: California Professional Engineering, Inc, dba California Professional Electrical Engineering 929 Otterbein Avenue, Ste. E, La Puente, CA 91748 Telephone: 626-810-1338 SURETY: The Hanover Insurance Company S Hutton Centre, Suite 1060, Santa Ana, CA 92707 Telephone: 714-415-3800 AGENCY: The Bond Exchange and Insurance Agency 24800 Chrisanta Drive, Suite 160, Mission Viejo, CA 92691 Telephone: 949-461-7000 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Los Angeles } On April 29.2015 before me , Diem Chu Notary Public, Date personally appeared (here insert name and title of the officer) who proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DIEM CHU COMM, d 2042313 NOTARY FU9UG•CAMFORNIA N 6O6 AN816 COUNTY MY COMM. Exr. 86p. 21, 2017 Signatur : (Seal) Description of Attached Document Title or Type of Document: Document Date: Other: OPTIONAL Number of Pages: 2015 Anostille Service707-992-5551 www CaliforniaApostilla us California Mobile Notary Network www CAMNN coni Ano��rypublic urother o�ceroomploUcertificate identity oftheindkgne idua|whnoid(he document {owhich this certificate ioattached, and not the tmthfu|nosoL truthfulness, STATE OFCALIFORNIA County ufOrange � On February 17, 2015 beibre me, Christine T. Hoang , Notary Public, Date Insert Name of Notary exactly as It appears on the official seal personally appeared Yung T[NUck Name(s) of Signer(s) OF CHRISTINE T. HOANG " COMM.# 2008757 ;U NOTARY PUBLIC-CAUFORNIl ORANGE COUNTY Y COMM, EXR FES 26,2017 Place Notary Seal Above who proved tomeonthe basis ofsatisfactory evidence to be the pemon(s)wtnnc name(s) imbno subscribed tnthe within instrument and acknowledged tmnthotke/sha8he executed the same inhiu/ho,dheirauthorized ityeu), and that hyhis/ho,8heiraignaturo(s)unthe instrument the pamuo(o).orthe entity upon behalf ofwhich the pemun(n) acted, executed the instrument. | certify under PENALTY 0FPERJURY under the laws of Though the law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Title or Type of Document: Document Date 3i8n^r(AOther Than Named Above: CapmrUty(|ao)Claimed bySignox(s) Signer's Name: El Individual [] Corporate Officer --TWe(o):__ 1-1 Partner E.UmNedOGeneral [lAttorney inFact OTmsteo LJGuardian urConservator P Other: Signer's Representing: Number ofPages: Signer's Name: El Individual OCorporate Officer —Titlm(s):_ [I Partner El Limited E-1 General [] Attorney inFact F-1 Trustee [] Guardian urConservator F-1 Other Signer is Representing: THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the Slate of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint James W. Moilanen, Yung T. Mullick, and/or Jennifer C. Anaya of Mission Viejo, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United Stales, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: 'RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with powerto attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 3rd day of January 2012. THE HANOVER INSURANCE, COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS RANCE POMPANY�OF' AMERICA Rcberl Thorsias, Vice 1prekjdeot. �n THE COMMONWEALTH OF MASSACHUSETTS) ...rr COUNTY OF WORCESTER )as. Joe t§iTnShOm. Vtc'rCsadet R On this 3rd day of January 2012 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, tome personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. o BARBARAA, OAIi6�trMK NptaN ublic�g ���umminq Ah pl Maasanaamis ... �.Ay Cmnnna.ix r,�pir58ep1.21, 2A[B Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is stall, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. and Certified Conies of such Powers of Hanover Insurance Company; Adopted April 14, 1982- Massachusetts Bay Insurance Company; Ac of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 17 td certification in respect thereto, granted and executed be bindinq on the Company to the same extent as if all day of February 20 15 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA f hn Margaslan, Vice President BOND NO. 1971689 BOND PREMIUM INCLUDED IN PERFORMANCE BOND ISSUED IN TRIPLICATE DUPLICATE ORIGINAL CITY OF SANTA ANA CONTRACT PAYMENT BOND California Professional Engineering, Inc. KNOW ALL MEN BY THESE PRESENTS that dies California Professional Elactsical En i imq as CONTRACTOR and The Hanover Insurance Company , a Corporation organized and existing under the laws of the state, and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal SUM OILsix hundred Eighty Four Thousand six Hundred seve—y a 19/100 Dollars ($______684,670 17 which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound,jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated Traffic signal Raitt and Adams and Class II Bike Lanes on Newhops March 3, 2015 for 3=2er and Pirsr erreer ,morsxementF If CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Cade of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this lz day of 203.5.,,. CONTRACTOR* SURETY* The Subscribed and sworn to before me r this day of 20 Signature: Notary Public in and forthe County of State of Rate of premium on this bond is $ ___N/A * per thousand. *BOND PREMIUM INCLUDED IN Total amount of premium charge is $ N/A _ . To be fried in by Surety PERFORMANCE BOND *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, oddress, and telephone number of authorized representative. CONTRACTOR: California Professional Engineering, Inc, dba California Professional Electrical Engineering 929 Otterbein Avenue, Ste. E, La Puente, CA 91748 Telephone: 626-810-1338 SURETY: The Hanover Insurance Company 5 Hutton Centre, Suite 1060, Santa Ana, CA 92707 Telephone: 714-415-3800 AGENCY: The Bond Exchange and Insurance Agency 24800 Chrisanta Drive, Suite 160, Mission Viejo, CA 92691 Telephone: 949-461-7000 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Los Angeles 1 On April 29, 2015 before me , Diem Chu Notary Public, Date (here insert name and title of the officer) personally appeared van Nguyen who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. VA DIEM CHU COMM.# 2042313 ��nn V!QMY NOTARY PULLIC-CALIFORNIAL08 ANCELE8 COUNTY COMM, exp, sup, 2t 201 ' Signature: Seat OPTIONAL Description of Attached Document Title or Type of Document: Document Date: Other: Number of Pages: 2015 Apostille Service, 707-992-5551 WWWCaliforniaAuostille.us California Mobile Notary Network enyw CAMNNcorn A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On February 17, 2015 before me, Christine T. Hoang , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Yung T. Mullick Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the CHWSTINET. NOANG person(s), or the entity upon behalf of which the person(s) c+t ja?T Fea %9 COMM. # 2008757 %0 acted, executed the instrument e' A y, I certify under PENALTY OF PERJURY under the laws of R NOTARYFIf-CAUFORMA� a R ORANGE COUNTY N the State of California that the foregoing paragraph is true a MY COMM. EXR FES 26,2017 and corr . Witness y hand a offici se Signature Place Notary seal Above SI store of otary Public Christine T. Hoang Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer{s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer---Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWFRS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the Slate of Michigan, do hereby constitute and appoint James W. Moilanen, Yung T. Mullick, and/or Jennifer C. Anaya of Mission Viejo, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliverfor, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and Noll 00 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in4act of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surely any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with powerto attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons" (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 3rd day of January 2012. THE. HANOVER INSURANCE COMPANY QW* ",aq,MASSACHUSETTS BAY INSURANCE COMPANY r' ,"��CITIZENS SURANCCE/�{J'^jOMPANY OF AMERICA9®74 ✓ it ffiH_..�....,..... Rob�urr-fkomas. Vice PreSitdnt t r THE COMMONWEALTH OF MASSACHUSETTS) -='`1"m. i'4`"" --•=�- n COUNTY OF WORCESTER ) as. lot $reenstrom Vrci PcLsiddttt On this 3rd day of January 2012 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding Instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. BARBARA A. GARLICN Notary Public ,�•' "1+' ,/ y�G.nmanweaBM1 aarrAaeaacnusans f�r��.°,i'�../.7':.i:- I.� ,---i-/ {Ai"Cz'.�" 1Ay Cwm s.,m Etp.gseepl.21, 2015 - Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney Issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and cenlAcation in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 17 day of February PO IS THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA ALI Igi1n Mafg43ian,�Vice President– A ®® CERTIFICATE OF LIABILITY INSURANCE 4!912015OOMW) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificake holder in Ileu of such endorsement(s), PRODUCER Brown &Brown Insurance Brokers of Sacramento, Inc R 0, Box 619043 Lie #OH38004 Roseville CA 95661.9043 CONTACT PHONE g16-630-8643 FAX .8O0-783.0083 — ----- EMAIL' AnnRF 51 INSURERSAFF(RDINOCOVERAGE___..._.,_,',_NAICY X COMMERCIAL GENERAL LIABILITY CWMS.MAOEX7 OCCUR INSURER A: Houston Specialty Insurance CO 12936 INSURED CAL -165 INSURER n:National Union Fire Ins Co PA —19446 California Professional Engineering Inc. doe California Professional Electrical Engineering 929 Otterbein Avenue Unit E INSURER C:Califomia Automobile Ins, Co. 38342 _ InsuneR o: ----- INSURERE: ,^ La Puente CA 91748 INSURER F: COVERAGES CERTIFICATE NUMBER: 866182012 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLIOIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIAT HSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE e D POLICYNUMBER POLICY EFF WDO POLICY EXP MWDDMYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY CWMS.MAOEX7 OCCUR Y TE1,115401 V2612015 12612016 EACHOCCURRENCE 51,000,000 P E IS S Ea accRu rs $100,000 MED EYP (Ant ona Person) $5,000 _ PERSONAL &ADV INJURY 31,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: X POLICV ❑ . ❑ JEOTPROLOC GENERAL AGGREGATE $2,000000 PRODUCTS-COMPIOPAGG 52,009,000 5 OTHER: C AUTOMOBILE LIABILITY BA040000005827 411012015 411012016 cc I (Eaecddenll ANYAUTO BOOILYINJURY(par person) p g�MJEO R�CU�I�RULED BODILY INJURY (Per amlJon1) JX HIRED AUTOS NON.OWNED AUTOS OP T (Perecclaentl B UMBRELLA LIPS X OCCUR Y BE050404687 25/2016 /26/2016 EACH OCCURRENCE WS AGGREGATE %EXCESS LIAO CLAIMS MADE DED RETENTONS WORKERS COMPENSATION AND ESIPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER1eXECUTIVE ❑ OFFICERIMEMeER EXCWDED9 NIA P R O H. S T E ER E.1 -EACH ACCIDENT E.L. DISEASE-EAEMPLOYE S (Mandatory In qH) II as, d"'OE"'undo' DESCRIPTIONOFOPERATIONS below -- E.L. DISEASE - POLICY LIMIT 5 DESCRIPTION OF OPERATIONS ILOCATIONS ) VEHICLES tADDRD 101, AtltllllPnPl RPmuNa Sc3edelq may be Anacnetl It mom spore Isrequlmdl Certificate holder Is included as an Additional Insured under Commercial General Liability policyper endorsements CG 20 10 07 04 & CG 20 37 07 04, subject to a written contract between the Named Insured and the Additional Insured. Sample endorsement attached. "Subject to company approval. Re: Intersection of Raid & Adams, at al City of Santa Ana -Project No's: 12-6761, 14-6814 & 14-6818 CALIFORNIA PRO ESSIONAL ENGINEERING, INC PROJECT NO 12-6761, 14-6814, 14-6818 REVIEWED BY EUNICE HEREDIA (PG 1 OF 7) City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1988.2014 ACORD CORPORATION. All ACORD 25 (2514/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY HOUSTON SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 07 04 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE r— Name of Additional Insured Person(s) Or Organizations (s); Location(s) Of Covered Operations Only those parties required to be named as an ALL Additional Insured In a written contract with the Named Insured under this policy, entered into prior to the "loss" or "occurrence". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured Is amended to include as an additional insured the person(s) or orgenizalion(s) shown in the Schedule, but only with respect to liability for "bodily Injury', "property damage" or "personal and advertising Injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B, This Insurance does riot apply to' bodily injury", "property deimage" occurring after: 1. All work, including materials, ports or equipment furnished in connection with such work, on the project (other than service, maintonanco or repairs) to bo porformed by or on behalf of tho additional insureds) at the location of the covered operations has boon completed; or 2. That portion of "your work' out of which the Injury or damage arises has been to its intonded use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Policy No. TEN15401 Sample CG 2010 07 04 ISO Properties, Inc., 2004 PAGE 1 of 1 CALIFORNIA PROFESSI AL ENGINEERING, INC PROJECT NO 12-6761, 14-6814, 14-6818 REVIEWED BY tic . EUNICE HEREDIA (PG 2 OF 7) COMMERCIAL GENERAL LIABILITY HOUSTON SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CG 20 3707 04 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE �..... ...... Name of Additional Insured Person(s) _Or Organizations (s)t, Location(s) Of Covered Operations Only those parties required to be named as an ALL Additional Insured in a written contract with the Named Insured under this policy, entered into prior — 'I to the "loss" or "occurrence", J {information required to complete this Schedule, If not shown above, will be shown In the Declarations. A. SECTION 11- WHO IS AN INSURED is amendod to inctude as an additional insured the person(s) or organizatlon(s) shown in the Schedule. but only with respect to liability for "bodily injury" or "properly damage" caused, in whole or In part, by "your work" at the location designated and described In the schedule of this endorsement performed for that additional insured and Included in the "products -completed operations hazard", Policy No. TEN 15401 Sample CO 20 37 07 04 ISO Properties, Inc., 2004 PAGE 1 of 1 CALIFORNIA PROFESS I AL NGINEERING, INC PROJECT NO 12-6761, 14-6814, 14-6818 REVIEWED BY � - EUNICE HEREDIA (PG 3 OF 7) Policy Number: TEN15401 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, TEN0216 0114 PRIMARY AND NON-CONTRIBUTING INSURANCE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4: Section IV: Commercial General Liability Conditions 4. Other Insurance: d. Notwithstanding the provisions of sub -paragraphs a, b, and c of this paragraph 4, with respect to the Third Party as defined below, it is understood and agreed that In the event of a claim or "suit" caused in whole or in part by the Named Insured's negligence, this Insurance shall be primary and any other Insurance maintained by the additional Insured named as the Third Party below shall be excess and non-contributory, The Third Party to whom this endorsement applies is: Absence of a specifically named Third Party above means this endorsement applies only to those third parties required to be named as an Additional Insured as Primary and Non -Contributory coverage specified in a written contract with the Named Insured under this policy, entered Into prior to the loss or "occurrence". All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. Sample TEN0215 01 14 Includes copyright material of Insurance Services Office, Inc. Page 1 of 1 CALIFORNIA PRO ESSIO . ENGINEERING, INC PROJECT NO 12-6761, 14-6814, 14-6818 REVIEWED BY q . EUNICE HEREDIA (PG 4 OF 7) COMMERCIAL GENERAL LIABILITY HOUSTON SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: _ Only such Person 6r Organizalinn where required in a written contrsct with the Named Insured under this' policy, entered Into prior to the'loss or occurrence'. �6iformotlon required to complete this Schedule_ if not shown above, will be shown in the Declarations_ The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV" Conditions: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" dune under a contract with that person or organization and Included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Policy No. TEN15401 Sample CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1 CALIFORNIA PRO/F�ESSIO A ENGINEERING, INC PROJECT NO 12-6761, 14-6814, 14-6818 REVIEWED BY vL yx - EUNICE HEREDIA (PG 5 OF 7) ac iao�RL> CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 2/1712015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER OnPolnt Underwriting Inc. CONTACT NAME: Steven McComb 8390 E Crescent Pkwy, Suite 200 Greenwood Village, CO 80111 PHONE (A/C, No Ext): (360) 628-0644 FAX (A1C, NO): (360) 526-0699 GENERAL LIABILITY EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: ACE American insurance Company 22667 INSURER 6: INSURED Barrett Business Services, Inc. INSURER C: LCF CALIFORNIA PROFESSIONAL ENGINEERING INSURER D: INC. INSURER E: 929 OTTERBEIN AVE UNIT E INSURER F: ROWLAND HEIGHTS, CA 91746 En iFiCA E Ivulnai REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADDL INSR 51.8111 WVD POLICY NUMBER POLICYEFF (MMMO/YYYY POLICY EXP IMMIODIVYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE g COMMERCIAL GENERAL LIABILITY CLAIMS -MAO[ OCCUR DAMAGE TO RENTED PREMISES (Ea S necuronEa) MED EXP (Any one parson) g PERSONAL B AOV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICYPROJ- LOC ECT PRODUCTS - COMPIOP AUG $ AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Enacddene S ALL OWNED AUTOS SCHEOULEDAUTDS BODILY INJURY IPer Person) g' BODILY INJURY(Pel accident $ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB OCCUR AGGREGATE It OED RETENTIONS $ 5 A WORKERS COMPENSATION AND EMPLOYERfi' YIN ANVCEAMMEETORIPARTNDE EXECUTIVE y OFFICER/MEMBER EXCLUDED? (Mandatory In NH If yes, describe under DESCRIPTION OF OPERATIONS below NIA RWC C46161662 Covered stales: CA 12/19/14 12/0112015 � WC TORY LIMITS OTH- ER E.I.. EACH ACCIDENT $4,000,000 E.L. DISEASE EA EMPLOYEE $2,000,000 E.L. DISEASE -POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CALIFORNIA PROF SIO L ENGINEERING, INC PROJECT NO 12-6761, 14-6814,14-6818 REVIEWED BY. , EUNICE HEREDIA (PG 6 OF 7) CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza ,Ross Annex AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 Richard Poling c) 1966-2010 ACORD CORPORATION, All rights reserved, ACORD 25 (2010ID5) The ACORD name and logo are registered marks of ACORD. AGENCY CUSTOMER ID: LOC: #: ® ADDITIONAL REMARKS SCHEDULE %Y NAMED INSURED Barrett Business Services, Inc. t Underwriting Inc. 8100 NE Parkway, Suite 200 / All RAPIMP Vancouver WA 98662 RWC 048101562 CARRIER NAIC CODE ACE American Insurance Company 22667 EFFECTIVE DATE: 12/19/14 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01114) CERTIFICATE HOLDER: City of Santa Ana ADDRESS: 20 Civic Center Plaza ,Ross Annex Santa Ana CA 92701 of Intersection of Raitt & Adams, et al, City of Santa Ana—Project #'s 12-6761, 14-6814 & 14-6818. Public Street Work—Traffic Signal Installation ACORD 101 (2008/01) c11988-2010 The ACORD name and logo are registered marks of ACORD, Ail Ai Me r... 'I CALIFORNIA PROFESSION#L ENGINEERING, INC PROJECT NO 12-6761, 14-6814,14-6818 REVIEWED BY Z, 11 ',t_ - EUNICE HEREDIA (PG 7 OF 7)