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HomeMy WebLinkAboutKIMLEY-HORN AND ASSOCIATES,INC. - 2017City of Santa I a Clerk of the Council CO&6 Mice Use (&-'/ r AGREEMENT TERMINATION FORM i�Ct�y'A Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes _ No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with l"L Pv�' — 61�1 ''" No. el7 — was completed on Lj / and final payment has been made. r � (List all amendments. Use space below N needed.) C C _ Department: G'V /� — ee e-rt _ O Phone/Ext.: Signature: rfascll Cru r,�r Date: Revised: 10-18-16 / INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: CONSULTANT AGREEMENT CITY OF SANTA ANA A-2017-108 This AGREEMENT is made and entered into this 2nd day of May, 2017 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 "CITY") and KIMLEY-HORN AND ASSOCIATES, INC. (hereinafter "CONSULTANT"). RECITALS A. The CITY desires to retain a consultant having special skill and knowledge in the field of protected bike lane design in order to prepare Mans, specifications, estimates, and provide construction support for the Santa Ana Blvd and 5 St Protected Bike Lanes Project. B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to the CITY. C. In undertaking the performance of this Agreement, CONSULTANT represents that it is knowledgeable in its field and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting 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: 1. SCOPE OF SERVICES CONSULTANT shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the; Delivery of Services, which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to Proceed. 2. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for CITY, a fee of $626,731 in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference. A contingency of ten percent (10%) shall be available, at the discretion of the Executive Director of Public Works, for services that are currently not anticipated, but may be required to complete the Project. The total sum to be expended under this agreement shall not exceed Six Hundred and Ninety Thousand Dollars and No Cents ($690,000.00) for the term of the agreement. Compensation shall be processed in accordance with Section 18. 3. TERM This Agreement shall commence on the date fast written above for a one-year term with the option for the CITY to grant up to two (2) one-year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. rev. oan 1/2017 Page 1 of 8 4. INDEPENDENT CONTRACTOR CONSULTANT 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, a joint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which CONSULTANT performs the services which are the subject matter of this Agreement; however, the services to be provided by CONSULTANT shall be provided in a manner consistent with all applicable standards and regulations governing such services. CONSULTANT shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for CITY to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONSULTANT under this Agreement ("Documents & Data"). CONSULTANT shall require all subcontractors to agree in writing that CITY is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. CONSULTANT represents and warrants that CONSULTANT has the legal right to license any and all Documents & Data. CONSULTANT makes no such representation and warranty in regard to Documents & Data which were provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at CITY's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, CONSULTANT shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. CONSULTANT 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 CONSULTANT's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insured's provisions. Page 2 of 8 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 3700 of the Labor Code, CONSULTANT, if CONSULTANT 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, CONSULTANT agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If CONSULTANT is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by CONSULTANT pursuant to this section: i. CONSULTANT 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 by the CITY. 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. iv. CONSULTANT shall supply CITY with a fully executed additional insured endorsement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), related to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding Page 3 of 8 the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the CONSULTANT. 8. INTELLECTUAL PROPERTY INDEMNIFICATION CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to the CITY pursuant to this Agreement. 9. RECORDS CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of the CITY to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. CONSULTANT shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement. 10. CONFIDENTIALITY If CONSULTANT receives from the CITY information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, CONSULTANT 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 CONSULTANT disclosed in a publicly available source; (c) is in rightful possession of the CONSULTANT without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the CONSULTANT without reference to information disclosed by the CITY. 11. CONFLICT OF INTEREST CLAUSE CONSULTANT 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. Page 4 of 8 12. DISCRIMINATION CONSULTANT 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. CONSULTANT affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and CONSULTANT, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of CONSULTANT. 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 CONSULTANT or the CITY. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of CONSULTANT, CONSULTANT may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the CITY and any such assignment, transfer,, delegation. or subcontract without the CITY's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the CITY's ability to have any of the services which are the subject to this Agreement performed by CITY personnel or by other consultants retained by CITY. 15. TERMINATION This Agreement may be terminated by the CITY upon thirty (30) days written notice of termination. In such event, CONSULTANT shall be entitled to receive and the CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require CONSULTANT to deliver to the CITY all work product(s) completed as of such date, and in such case such work product shall be the property of the CITY unless prohibited by law, and CONSULTANT consents to the CITY's use thereof for such purposes as the CITY deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 5 of 8 16. 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. 17. PROFESSIONAL LICENSES CONSULTANT shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. CONSULTANT 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. 18. PAYMENTS & INVOICES a. Payment by CITY shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to CITY accounting procedures. CITY shall retain ten percent (10%) of the invoice amount from each payment until the completed PROJECT has been accepted by the CITY. 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. b. Invoices should be submitted on the 15th of each iilonth and shall include the following information at a minimum: i. CONSULTANT's invoice number and CITY's agreement member ii. Beginning and ending dates for services iii. CITY Project and/or Task Order number and/or name (if applicable) iv. Work site address/location (if applicable) V. Tasks or deliverables completed and percentage (%) of total services completed. vi. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below 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. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 6 of 8 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-5635 To CONSULTANT: Darren Adrian Vice President KIMLEY-HORN AND ASSOCIATES, INC. 765 The City Drive, Suite 200 Orange, CA 92868 Fax: (714) 938-9488 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or CITY holidays shall be excluded. Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: t ?• f�v� MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JqPFUNK Assistant City Attorney RECOMMENDED FO PROVAL: r- F-W1 FRED MOUSAVIPO' Executive Director Public Works Agency CITY OF SANTA ANA Robert C. Cortez Deputy City Manager CONSULTANT: KIMLEY-HORN AND ASSOCIATES, INC. .I� Adrian, Darren w Fit ., Apr 1420171:53 PM ti Cnsw PE No. C53031 Darren Adrian KHACA Vice President 03 TaxrD# 56-0885615 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 7�= Solution: We will begin evaluating sight lines at the initiation of Project work by recording existing sight line deficiencies in the field observation. Our Designer's will seek to eliminate or improve existing deficiencies and review resulting lines of sight on the design base. Areas of concern are annotated with sight lines drawn on an exhibit for evaluation and documentation purposes. See Figure 4 indicating design consideration. Driveways Issue: Driveways present one of the most common Figure 4 - Consideration of sight lines is a critical conflicts with cyclist since they are typically uncontrolled element for a safe bikeway. and occur frequently along the alignment. In addition, driveways tend to be a common area where restricted sight lines cannot be feasibly mitigated. Solution: Our Team will review driveway conditions and note those with sight line deficiencies or other elements that may lead to potential conflicts. We will also identify commercial driveways with significant traffic volumes. At these locations, we will consider adding signage and markings to warn vehicles of oncoming cyclists. For unique conditions, we will consider warning devices or other treatments to notify cyclists and potentially slow travel to promote safety. See Figures 5 and 6 for typical examples. Figure 5 - Painted bike lane at driveways. Scope of Services Figure 6 - Flexible delineator and painted bike lane at driveway. We have reviewed the detailed scope of work contained in Attachment 1 of the City's Request for Proposals. The following is intended to supplement and clarify scope items to demonstrate phases of work to be completed, tasks to be accomplished, and deliverables to be provided. Additional items that may be required to complete the scope of work are described at the end of the matrix under the heading "Optional Items". Design plans and reports indicated herein will follow City standard format unless indicated otherwise. A Drawing List indicating anticipated sheet count is included with our fee in the separate, sealed envelope. We assume a nine -month schedule for design beginning in April 2017 with work completed by January 15, 2018. Our proposed schedule is provided at the end of this section. Task 1: Project Coordination and Meetings Kimley-Horn will meet and/or communicate with City staff and other stakeholders to coordinate design elements. This encompasses coordination with the OC Streetcar design team and other stakeholders, such Kimley»)Horn 10 rRED77007.17I City of Santa Ana Proposal for Santa Ana Boulevard 5th Street lmm§� • 1 • aUJ 0- __Jas Garfield Elementary School. We will conduct meetings and conference calls, and provide pertinent meeting minutes with action items. The also encompasses phone and email communications. The following meetings are included in our scope): • One Kickoff Meeting • Four Monthly PDT Meetings • Three Focus Meetings Deliverables: Meeting agendas, meeting minutes, action items. Task 2: Survey The Kimley-Horn team will provide aerial mapping with supplemental ground surveys at a scale of 1" = 20' at the locations of proposed median islands and bulb -outs within the project limits indicated in the RFP. Ground surveys will be used for the areas where more accuracy is needed for design of the proposed median islands and curb returns as shown in the RFP exhibits. This encompasses survey record collection; establishment of horizontal and vertical controls; monument and centerline tie preservation; and establishment of temporary benchmarks. Existing features such as utility covers, pavement limits, private property improvements, curb ramps, driveways, curb & gutter, sidewalk, street lights and poles, traffic signs and striping, will be surveyed where needed for the proposed design and added to the base maps. Existing right-of-way will be input according to readily available records. We assume that complete base mapping and surveying are available within the street car corridor areas, and additional surveys in this area are not needed. Deliverables: Microstation V81 Files of Topographic Survey, XML Point File, DTM of existing surface features. Task 3: Geotechnical Investigation Infiltration Test and Soil Suitability: The Kimley-Horn team will conduct a geotechnical field investigation as follows: Percolation rate test at seven locations within the proposed median islands areas. One boring at the intersection of 6th Street and Mortimer Street to the depth of 15 feet. • Agronomy/soil fertility laboratory testing encompassing: major element fertility package, agricultural suitability package and USDA particle size analysis Data compilation and geotechnical analysis of the field and laboratory tests, consisting of analyses to evaluate and provide recommendations pertaining to the following: • Percolation rate characteristics of the soils. • Atterberg Limits / Plasticity Index. • Moisture and Density. • Suitability of the on -site soils for landscape improvements. • Foundation design criteria for new traffic signal poles or signs. Preparation of a report presenting the results of field exploration, geotechnical laboratory testing, engineering analyses, as well as conclusions and recommendations relative to the project. New pavement structural section will be based on City's available data from OC Streetcar project and other similar projects in the area. Deliverable: Draft Soil Material report, Final Soil Material Report. City of Santa Ana I TIIED7700717 I I Kim ley * Horn Task 4: Record Research and Utility Coordination Kimley-Horn will obtain readily available record drawings and data pertinent to the scope of work such as as -built drawings, GIS mapping, and utility atlas'. We will initiate the utility company notification process early in the design process and identify potential conflicts. We will maintain a Utility Agency Tracking List to indicate status of communications and add a contact list for substructure and utility owner -operators to the specifications. We will assist the City with utility notification letter consisting of the following: 1. Utility Information Request 2. Prepare to Relocate Notice/Final Utility Notice Form 3. Notice to Relocate We assume that utility notices will be on the City's letterhead. All related fees from utility companies are excluded from this proposal. Deliverables: Utility Agency Tracking List, Utility Notification Letters Task 5: Water Quality Kimley-Horn will develop a Water Quality Management Plan (WQMP) for the project in compliance with, and meeting the requirements set forth in, Order No. RS-2009-0030/NPDES No. CAS618030, of the Santa Ana Regional Water Quality Control Board. The WQMP will incorporate Low Impact Development (LID) Best Management Practices (BMP) to the maximum extent practicable. For example, the use of bioretention facilities within landscaped parkway areas will be in accordance with the USEPA Green Street standards. If traditional LID BMPs cannot be incorporated, appropriate proprietary BMPs will be selected to improve water quality as a last resort. If proprietary items are needed, these will be indicated in compliance with the City's adopted public contracting code. Deliverables: Draft Water Quality Management Plan, Final Water Quality Management Plan. Task 6: Roadway Design Plans Kimley-Horn will develop roadway design plans for the construction of new raised bike path buffers, bulb -outs, ADA improvements and roadway improvements necessary for implementation of these features as shown on the RFP Exhibits. The plans will show required horizontal and vertical design information. Roadway plans will be prepared at a scale of 1" = 20' horizontal and 1" = 2' vertical for necessary profiles. We will use the field surveys obtained in Task 2 herein and received from the OC Streetcar project for base mapping. Vertical design information for construction of new islands, non-standard curb ramps and bulb -outs will be indicated on the plans with elevation callouts. Curb and flow line profiles will be shown if necessary for improvements exceeding 200 feet in length. Details and Typical Sections will be added as indicated in the Drawing List. Necessary adjustments to surface utility features will be identified and addressed with call outs and construction notes. We will prepare details for items that deviate from published standards. Plan preparation will be coordinated with the OC Street Car design team to encompass other proposed site improvements and verify/remove possible duplication of construction items prior to bid and construction. Deliverables: 30%, 60%, 95% and 100% Plans, electronic files in Microstation V81 and PDF (final Plans and Specifications will be sealed and signed), responses to previous review comments from the City. Task 7: Traffic Signal Modification Plans Kimley-Horn will prepare ten traffic signal modification plans along Santa Ana Boulevard and 5th Street. We assume that the single new traffic signal at Santa Ana Boulevard and Mortimer Street will be designed by the OC Streetcar project team per the City's RFI dated March 21, 2017. Installation of signal interconnect, SMFO, conduits, and cables or modification of existing communication systems is anticipated within the project limits and will be shown on the traffic signal plans. Installation of CCTV and video detection cameras are also included and will be incorporated into the traffic signal plans. Traffic signal plans will be at 1"=20' scale and be designed per City of Santa Ana and Caltrans standards. Kimleyl Horn 12 TRED77007. 171 City of Santa Ana .c"ts We assume the design to install and integrate the new video detection server in the Traffic Management Center for the communication support to the new video detection systems will be addressed in the technical specifications. Deliverables: 60%, 95% and 100% Plans, electronic files in Microstation V81 and PDF (final Plans and Specifications will be sealed and signed), responses to previous review comments from the City. Task 8: Striping and Signing Plans Kimley-Horn will prepare striping and signing plans at a scale of 1 "=40' for the proposed improvements within the limits of the project. We will coordinate this task with the OC Street Car design team for consistency of the proposed striping and signing design along the corridor. Striping and signing plans will be in compliance with the City of Santa Ana standards, Caltrans and California Manual on Uniform Traffic Control Devices. Flashing beacon installation details, if required, will be shown on the striping and signing plans. It is assumed that signing and striping design for Santa Ana Blvd. from Flower St. to Mortimer St. will be included within the OC Streetcar design package. It is assumed that first submittal for Signing and Striping Plans will be at 60%. Deliverables: 60%, 95% and 100% Plans, electronic files in Microstation V81 and PDF (final Plans and Specifications will be sealed and signed), responses to previous review comments from the City. Task 9: Landscape and Irrigation Plans Kimley-Horn will prepare landscape and irrigation plans for proposed islands and bulb -outs within the project limits. These plans will be consistent with the City's Standards and General Plan; City's Scenic Corridor Elements; City's Urban Design Elements; and California's Water Efficient Landscape Ordinance. The plans will take into account City maintenance when developing the design. We assume raised medians will be hardscaped in the areas that require accessibility for pedestrians. Deliverables: 60%, 95% and 100% Plans, electronic files in Microstation V81 and PDF (final Plans will be sealed and signed), responses to previous review comments from the City. Task 10: Specifications Kimley-Horn will prepare technical specifications based upon the boiler plate supplied by the City. Bid items will be described as required by the plans n in the General Provisions and will be included in the Contractor's bid list. Reference for technical provisions to the City's standards and Standard Specifications for Public Works Construction (Greenbook), Caltrans or other appropriate specifications will be indicated. Construction phasing and staging will be addressed in the Specifications per City's RFI dated March 21, 2017. Deliverables: 60%, 95% and 100% Specifications, electronic files in PDF and word format (final Specifications will be sealed and signed), responses to previous review comments from the City. Task 11: Estimates Kimley-Horn will prepare an Estimate of Probable Construction Costs based on estimated quantities. Unit prices will be derived from readily available current bid information on similar work within the area. Backup will be generated for lump sum items. Contingencies will be shown as agreed upon with City staff. Deliverables: 30%, 60%, 95% and 100% Estimates, electronic files in PDF Task 12: Schedule Shortly after notice -to -proceed, a Gantt Chart format Target Schedule will be provided showing primary tasks and review periods/processing as agreed with the City. Kimley-Horn will maintain a Progress Schedule showing actual progress versus target and provide to the City on a monthly basis. The goal is to have the project design package completed by January 15, 2018. Deliverables: Draft target schedule, monthly updated schedule Task 13: Bid Phase Kimley-Horn will provide services during the bid phase by responding in writing to requests for information (RFI)/clarifications. Our team will assist the City in the issuance of Addenda to the bid package. This consists of making design changes determined necessary to address clarifications. Other design changes, such as those for the Contractor's preference, are not included in this scope. Changes in the overall design concept City of Santa Ma I TRE07700717 13 Kimley>»Horn are not accounted for in this scope. We have included preparation of one addendum with responses to contractor's request for information as part of this task. Deliverables: One Addendum, Design Revision for Addendum Task 14: Construction Phase Kimley-Horn will assist the City during the construction phase by responding to contractor's RFIs, preparing addendums and providing clarifications. This also consists of reviewing contractor's change orders and changed conditions in the field. Changes in the overall design concept are not part of this scope. A 12-month construction duration is assumed. We have included: one meeting, up to six RFIs, up to eight contractor submittal reviews, one field observation, and one addendum. Kimley-Horn will prepare record drawings by updating the approved design drawings based on one set of redline markups provided by the Contractor or City staff. Independent verification is not included in this scope. Significant deviations from the original design documents are not accounted for in this scope. The purpose of the record drawings is to create a deliverable that will represent the built condition for the City's records as recorded by the Contractor. Deliverables: Record Drawings - 1 hardcopy and 1 electronic (both PDF format and Microstation V81) Optional Items Potholing: Provide vacuum excavation potholes to positively identify utilities where conflicts may exist. This data will be used for traffic signal modifications and other potential conflict locations with the proposed improvements. Up to two days of potholing are included in this optional scope (approximately ten potholes). Deliverables: Potholing Report (four copies) Assumption: All Plans, and Specifications submittals for 30%, 60% and 90% will be in electronic (PDF, Word) format. One final submittal will be hardcopy. Mass production is not included as part of the scope of work. Schedule 1 _I Kimlep Horn 14 TRED7700717 I City of Santa Ana EXHIBIT B COMPENSATION Fee Proposal including hourly rates Kimley* Horn City of Santa Ana Santa Ana Boulevard and Sth Street Protected Bike Lane Project RFP No.17.026 j ' _ gmltl'N e'fiek:._ _ i a4se81eN�_ q.Nswnfnnadon rm.ar. a Ymen Iiihi Y+y^ 1 MevWlle NMONaII� M.YYe. �YONI IWMIW: .NYeMn iw4M iu.{%. wf, hgvmCevm_Weae WYnOipv 1m µ q -Y _ - Iµ 1 Ilfmmf I1}mW Tnfa M My • . f 1 l „ w" '. 1 f Ilrm{O n 3 ¢alaDa f �_ b.1Am wa3, a:aeliFiiiiaorn{ea:val f a 1' i _ t fu¢ao a i .' >aem f" q}ffm w1' n.:vilNm.iOW a®b�ga:mv f f m io - n { a}mvi f Lamm ..i{:', ,lwa.Ihil i 1 a n i`, fli 3 asmm > {i,imm ToiiT-wiridyN7aw amd` -Y iro en' m1': 1 m1 f Ymnm f Yv+iom iufi iNeaalpvYueem4em Nva 90 N aw .'a6f _ a S ;nf}1 fm f vy.OmO S i4Mr}f 'aid'-fN{Nj NJeli m0 u e e fm m 'i' f ww w s 119IIW f a}YL mle:tuilivrryml4ila.ew f 9 1m n .M _ f w {' tamimf WWfm m1ie, ryillkamvr' f e Y m m f µl 1 fQnaW { mJmw T4efi C mtauY - 1 a Y l{ w m 1 n s Amms Mm Tmaff' w.cie } Y - Y s xY4m s umm hµlf BI m. h411 Cap.pnNwPWv N 1 µ 1e le Y µ 1w f m}mW f ar}mm • - imur:we. 1 ( Jsnl_ - u i ui.. i...aja I,_+w -e n1 1 w aumnmv, is w}m f fUm { Il.1m f i1.PJl { mepa 3 w. s, s}m { A. s I1}m { f1}n 3' sss>m S 4opf0 zlwen9 m u u 'u 1u i1i u w Eapmn(4.ryramlgralYM.M4 1¢t s ISma �, a .. -"'- ` emumif.' ..'.�,. -- : _ ..-..,_ _ .. 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", i.c.,.. � , � 1 •-': F , ,� { if4ii: omumq. ww�q[{wrnonomvl 14m! 1011 EXHIBIT C CERTIFICATIONS Appendix ATTACE MENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW 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 abo a Non usion Affidavit is part of the Proposal. Signing this Proposal on the signature portion the eof s all al c lute signature of this Nan -collusion Affidavit. BIDDERS ace the that makingZsec r3 fl bon y subject the certifier to criminal prosecution. 1 Signed State of California County of Subscribed and swom to (or affirmed) before me on this 21 si day of MA+A , 201-1 by DA.f r6K A-jk _ , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. -------------- r EMMA SORTO U comm. 0214047e a o NOTARY CAIIFORNIALI e ORANGENGE CO O COMM. EXPIRES JAN. 21, 2020' Notary Public Signature City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the malting of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more titan $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Sign Title_ Vice President Date March 21 2017 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting- this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the malting of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was trade or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Fehr & Peers Signed and Printed Name: Title Principal Date Matthew City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than S 100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all Stich sub recipients shall certify and disclose accordingly. Firm Towill, Inc. Signed and Printed Name: ! —�awti Dawn Antonucci Title Date 03/17/17 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any Rinds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities", This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. i l Firm Twining, Inc. Signed and Printed Name: F CCU Paul Soltis, PE 56140, GE 2606 Title Vice President, Geotechnical Operations Date City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of ary federal contract, grant, loan, or cooperative agreement. 2. if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than S 100,000 for each such failure. The prospective participant also agrees by submitting his orher bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Finn C Below Inc. Signed and printed Name: Title Chief Executive Officer Date 312112017 t,/UA AW Chris Lucia City of Santa Ana RFP Page A3-2 EXHIBIT D NOT USED Client#: 25320 KIMLHORN ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMmOnYYY) 4/17/2017 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 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 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 CONTACT Jerry Noyola NAME:PHONE 770-552-4225 866-550-4082 Ext : AIC, No E-MAIL ADDRESS: )erry.noyola@greyling.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: National Union Fire Ins. Co. 19445 INSURED Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 INSURER B: Aspen American Insurance Compan 43460 INSURER c: New Hampshire ins. Co. 23841 INSURER D: Lloyds of London 085202 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 17-18 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 CONTRACTOR 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. LTFR TYPE OF INSURANCE ADDLSUSR INSR MOP POLICY NUMBER POLICY EFF MMIDD/YYY POLICY EXP MMIDDIYY UNITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR 5268169 4/01/2017 04/01/201 $1 000000 pEpACH�OECCURRENCE PREMISES E..¢Turrence $500000 X MED EXP (Any one penam) $25000 Contractual Llab. PERSONAL &ADV INJURY $1 000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 51 JECOT LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ _ OTHER: A AUTOMOBILE LIABILITY 4489663 4/01/2017 04/01/201 EOaeBIIEEDtSINGLELIMIT 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NOIED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LIAR X OCCUR CX005FT17 4/01/2017 04/01/2018 EACH OCCURRENCE $5000000 AGGREGATE $5 00O 000 EXCESS LIAR CLAIMS -MADE DEO X RETENTION$0 $ C A WORKERS COMPENSATION AND EMPLOYERS' LIABILnY YIN ANY PROPRIETOMPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N/A 015893685 AOS ( ) 015893686 (CA) 4/01/2017 4/01/2017 04/01/201 04/0112018 X PER OTH- E.L. EACH ACCIDENT $1 00O 000 E.L. DISEASE EA EMPLOYEE $1 000000 It yea. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE POLICY LIMIT $1000000 D Professiona1Liab P070831700 4/01/2017 04/01/201 Per Claim $2,000,000 1 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, AddlUonal Remarks Schedule, may be attached it more space Is required) Re: On -Call Agreements A-2015-171, A-2009-212 & A-2016-344. The City of Santa Ana, its officers, employees, agents & representatives are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary & non-contributory where required by written contract. Separation of Insureds applies to the General Liability Policy. Umbrella Follows Form with res ects to General (See Attached Descriptions) REVIEWED BY: EUNICE HEREDIA (PG )OF ) City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701-0000 AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 Of 2 The ACORD name and logo are registered marks of ACORD #S768933/M695961 JNOY1 DESCRIPTIONS (Continued from Page 1) Automobile & Employers Liability Policies. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. SAGITfA 25.3 (2014/01) 2 of 2 #S768933/M695961 l REVIEWED BY: EUNICE HEREDIA (PG20FV) POLICY NUMBER: 52681e9 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Or Organizations) Person(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property 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". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agree- ment, the insurance afforded to such addi- tional insured will not be broader than that CG 20 37 04 93 which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. © Insurance Services Office, Inc., 2012 Page 1 of 1 ❑ at REVIEWED BY:TO EUNICE HEREDIA This page has been left blank intentionally. REVIEWED BY: EUNICE HEREDIA (rc yoF