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BA, INC.-2017
rIty of Santa Ana ` .;lerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 No. X- �% — o �-L was completed on (List all amendments. Use space below if needed.) Revised: 10-18-16 OF T HI: COUNCII 12312' Httg:41 and final payment has been made. -4 Phone/Ext.: �� p Signature: (Ta-a , Date: S Department: A-2017-080 AGItL+'EM N'r TO PROVIDE SUBSURFACE IJ"I`J1JTY ENGINEERING SERVICES ON Al l' ON -CALVE., BASIS THIS AC,REl lVlENT is rnddG and entered into this 18th clay of April, 2017 by and betwoon BA, Inc. ("Contractor"), and the City of Saa.nta. Aria, a charter city and municipal corporation orgaaoizecl aatacl existing candor the.: Constitution and laws of the State of California. ("City"). R11,1C ITALS A. Can Septembor 14, 2016, the; City issued Request for Proposal. No. 16-114, by which it sought Contractors to provide Ula -Gall Subsurface Utility Engineering � � Services for the City of Santa Aaa.a Public Works Agency. U- sac -i �c� Ca , Contractor wbtnitte;d Ka responsive proposal that was among those solected by the r�Coity. Contractor represents that it is able and willing to piovide the services described in lbo scope of work that was included in RFP No, 16-114 mAd attachod LU U— as Exhibit A. cc zj C. In undertakinS the performance of this Agreamonf, Contractor represents that it is CID C) kraowledgu.,iblo in it:s f`told and thaat away wrvices pr;rforrned by Contractor under this Agroe:ment will be ,performed in oomph ante; with saacla st{andaards as may masUnably be oxperted from a profossioivil contracting (irm in the faold. NOW TH1C±:REr'OR1% in consideration of'the awtuaal auac:lrespective promises, nncl subjr:a to tile tcm,w and cosaditicaras .herciaaaaltcar sct foa'tla, tbo ptaat:ieis agy.roo as follows; L. SC OP1+, OF SERVICES On an as -needed basis, and at the sole discretion of City, Contractm shall perform the, services that are described in Exhibit A, Contractor's proposal is incorporated by refea,eno- as thougl) fully set forth berciaa.. When the noel for servicos rarisos, City may initiaato services through use of task or similar order issuocl to Contractor. 1 COMPENSATION City neither warrants aaor guarantees es ally mininaurn or m ax iaa uni compeng ition to Contra.ciar under iNs .A re;ement. Contraaor shall be paid only for actual se=a•viws performed under this Agreement at the, r tee and charges identified in 'Exhibit B. Coratf actor is one of three Contraotons seleFctod to provide stiibsaaa ['ace Latility engincedug services on an. as needed basis Linder RrT No. 16-114. The total craanponsaatiola fol services providedby all contractors solectecl under .IUFP No, '16- 114 is a collective tarnount not to ex:cood $900,000 d.airing the teen of' the Agreement. 1�. Payment by City shall be made within 'fo:rty-fiy , (4.5) days, following rcccipt of, proper invoice evidoncing work pe,rlbyrned, saa%jeat to City accounting l'ago 1 of 9 251-17 procedures. Payment need not be made for work which fails to meet the standards of perfornaance see forth iia the Racitals and Scope of Work., which may r•easoaably be expected by City. :fid TERM This Agreement shall aonitn.e:nue on the date 'first written above sand terrihiate on April 17, 2020, unless terminated earlier ki accordance with Section 17, below, 4. PREVAllLING WAGES Contractor is aware of the roqui.rcrnents of California Labor Code Section 1720, et secl., and :1770, et secl,, as well as California Code of Rogulations, "Title ii, 8 otiota 'l 6000, et secl., ("Prevailing wage: Laws"), Wkich require the payment of prevailing wage rates and tlae performance of other requirements on "public works" and "maintertance" projects, If the so rvices being porformed are put of rug applicable "public works" or "maintenance" project, as debited by the 17mvailing Wage Laws, and the total c.ompenution is $1,000 or more, Contractor agrees to frilly coraiply with such Pvcvalliag Wage Laws. Contractor shall defend, indouni fy acrd hold the City, its elected officials, officers, employees atd ago is f'rue and harmless fi•oni an.y clairia or liability arising out of aay faihrre or alleged failure to oomply with the prevailing wa.gu Laws, Sa IND EP.h,NDEI1°dT CON TRACTOR C"ontractm shall, during the entire term of this AgreetTiont., 'bo construed to be all. indo,pendent contmc;tor and not ui ems plcyee of thu City. This Agreement is not intended wir shall it be Construed to Create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise clisaction or control over the professional manner in which Contr"ictor perforins the servicos whirh are the subject matter of this Agracuiertt, however, the setvice:s to be provided. by Contractor shall be provided in a manner consistent with all applicable starldat-ds and regulations governing such services, Contraotor Shall pay all salaries and wakes, einployer's social security taxes, 'urier1al.)loyxtaent and shtlilar taxes relating to employees and shall be responsible for all. applicablo withholding taxes, (i, ONAI ERSI,:CIia OF MATERIALS This Agqeenient creates a ricin -exclusive: and perpetual license for City io copy, use, modify, reuse, or sublicensc any and all copyrights, designs, and other intellectual property crrrbodicd in i tuns, specifications, studies, drawings, estiinates, and otlier docuinents or works of authorship fixed in any twgible modiram of expression", bacluding but not limited to, pllysic,il drawings or data inagnOtically or otherwise recorded on computer diskettes, which aro prq.)ared or causod to be prepared by Contractor under this Agreement ("Docuinents & Data"). Contractor shall re"h"ire all subcontraotors to agree in writing that City is granted a "ton-exclusivo and peq)etua.1 license For any DocLrix o t"; & Dat:a the subcontractor prepares under this Agreeinent, Contractor represents and warrznts that Cont: Ttrctor has the, legal rigkit to license "Illy rand all Documents & Datil. Contractor irrakes no such represontation and warrulty in rogard to Page, 2 of 9 Lvh'T251-16' Documents & Data which were provided to Contractor by tho City. City shall not be limited in any way in its uye of'the Documents and Data at any time, provided thaat allysuch use not within the purposes intender] by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undcrtaticitil, pedornra€ace of work under this Agro-Iment, Contractor ,iha�il maintain and shall require its subcontractors, if ally, to obtain and maintain insurance as described below: �L Con -r acrcial Oe ticral. Liability hisuraance, Contractor shall inaintain commercial general liability insurance naming thcc City, its officers, employees, atgcazts, voluntm,rs unci repre,seiitratives as additional insured(s) and sha tt itrcludu, but not be limited to protection aaga.inst, clEdnis aarising f�rom bodily and personal injury, including death resulting the;refron-1 and cicrm.<age toproperty, rosultia-ag lroM ally {act: or uccutre eco aari,si.ng out of Contractor's operations in the pe t fbrrnance of this Agroc:ment, including, wittiout li-mitation, acts involvitigvelai.ctes, The amounts ofilastarrancc shaall be not h -,,ss than the following: single lini.it crovcrage applying to bodily and personal injury, including dearth resulting therefrona, and p.rtapmty danlaiage, ill the total arrtrorrrlt of $1,000,000 per occurwrcncc;, witti $2,000,000 in the ggregalte. Slich in'suraanco staall. (a) vaatne tfac, CITY, its Ofllcc.r°s, 0111 •.rloyuss, agerit,s, voluntoers and repre.senta:tives las additional hvv a•cd(s); (b) be priraaar°y with. respect to insuraraee or ;ceU-f ,,Sura n,eO programs ialainta.ined by the CITY; arnd {c) contain sta nclaard separation of insureds provisions, la. Barsialess U1tOn10NlQ li-,Ibility insura nco, or equivalent form, with a combined single limit of not less than $1,000,000 Per tarcau•rcrace;. Such insurance shall irac;lude coverage; for ownQd., hired and ilon-owned rr.aatontobil.cs. c. Worker's Compoiusq.tiori ItIsuyar.7ce. Irl accordance with the California Labor Code, Contractor, if Conta•arutor has, any employees, is tequired to be insured against liability fir worker's compensatioaa or to undertake self-inst.rXarrcO. prior to commencing the per°l'brmatnec of the work under this Agreement, Contractor agrees to obtain aaraci 1,11aintra.in any employer's haability insurance, with limits not less than `1,000,000 pet accident. d. if Contractor is or craploys as licctased professional such as an architect, or engineer: Professional liability (errors and orxrissions) insuraance, with a corvabincd 0191.0 limit of not .bass llum $1,000,000 por dairn with $2,000,000 in 0.1c: aggregate. 'File following rQqucrenionts apply to the insurance: to be provided by Contractor pursuant to this scction: (i) Contractor shall rraatintaaial all insurance required above, in llrfl force a111.cl e f't'ect for the cntire period covered ed by this t1 grc.c;m ent. r�t'ri 3 01'x3 261-1 (ii) Certificates of insurance shall be Furnished to the City upon execution of this Age cmont and steal] be approved by the City, (iii) Certificates and policies shall surto that the policies shrill riot bcs cancelled or reduced in coverage or clti ngod in any other material rtsput, by consultant, without thirty (30) days prior written notice to the City, (iv) Contractor shall stimly City with a fully execute,(] additional 111sttred endorse inent, f If Contractor thils or rdusc;s to produce or rna.i.atain the insurance: required by this section or Nis or refuses to furnish the City with required proof,' that insr,nince hm been procured and is in force and }paid for, they City shall have the right, cit the City's election, to Forthwith torrttinate this Agreement. Such termination shall not a.ft'ec.t. Contuactor's right to b,- paid for its time: road niaterials expe;tAclud prior to notification. of" toTmination. Contreeictor wa.ivcs the rio it. to receive conrpensatio.tti and agrees to indennnify the City -t'or an.y work perrfon-reed prior to approval of insurranco by the City, 8. INDEMNIFICATION C,otit:ractor agrees to de-lead, and shall in leinnif`y and hold liarnal.ess the City, its officers, agents, employe cs, consultants, special counsel, and representative;., from. liability: (1.) For persorlul injury, damages, just cotnperxsation, restitut:i.on, judicial or equitable relief arising out. of efiairns ibr personal injury, inclodirrg d.c;rtth, and clahus for property damage, which may arise fiotrr the negligent opcutioar, of the Contractor or its contractors, subcoutrtactors, agents, ernploye;crs, or other porsons acting on their behalf which relates to thQ scrvic;Gs &-soribed in section l of"this, Agreement, ;:and (2) from any chair that persolial injury, d.arnages, ust . cornpensEation, restitution, kidicial or egtritable reslie:f is dire by reason of the terms oF o r offer: is arising from this Agreement, This indemnity and ]cold harmless agreernent applies to all daim.s -for damages, just compensation, restiftrtic,r•r., judicial or equitable re:lic;I's tdffered, or alleged to have been wf"ered, by reason of the evetats refe;,rred to in this Soction or by reason of tile tcrols o f, or cfFects, arisin', froun this Agreement. The Contractors Pur(hor tagrecs to irade;trrnify, held htarinless, and pay all oasts for the defense of the City, including fees and costs for Spey I41 cminsel to lac: se;lc;cted by the City, regavding any action by a third party cl al.longiag the; validity of this Agree177e11t, or avorting that per;soaal injury, clainagk; s, just compensation, restaution, judicial or ereltritable relief due to porsonal or property rights arises by reason oitho tants of, or dfects evising froin this .A roornent. City may make all rertsowiblc decisions with respect to its rc,jAcsentcation in any logal proceeding. Notwithstanding the lbregoing, to tic extent Contraf,,tor's ,services ani subjeet to Civil codo Soc:tion 2782.1, the; above; indemnity shall be lirnited, to the extc;at required by Civil Cade, Section 2782,8, to c4inor that Guise of, pertain to, or relate to iho negligcncc, r•ccklossness, or willful tni:;conduct of the Contractor, 11 ug'?, 4 of 9 251-2a 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnifyand hold harmless t11e City, its off1mrs, agents, represotatratives, gold caallployues aalaritlst filly and €all Hability, including costs, and. aattornoy's fees, for infringement of any United States' letters patent, tradmiark, or copyright Contained in tho work product ar (100LIMOnts prOVide:d by Contraaotor to tllo City llursuGurt to this Agree meat. 10, RECORDS Contractor sllaall kocp records and invoices in connection with the work to be laurformed under this Agreement, Contractor shall maintain complete and accurate recoMs x-vith respect to the coasts incurred a.inder this Agrooment and airy services, expenditures, kind disbm'seinents charged to the; City for al minimum period oFthree (3) years, or for aany longer period required by law, from the date of final payment to Contractor undQr this Abre:emont. All such records find invoices shall be clearly identifiable, Contractor sh€all allow a representative of the City to examine, audit, and make tratnwcripts or copies Of scich records and ataly other docurrio its created pursuant to this Agreement during regular businem houm Contractor shall allow inspee.tion of all work, data, doca,rnia mLs, proceedings, Lind activities related to dais Agreement for as period of thmo (3) years from the dote oCfina.l paayrl-mit to Corltn,a.c(or Linder this Agrecmomt. IL CON FIDENT [At, IT Y If Contractor reccives from tho City inforn'tation which dial, to the 11atcarO of such i.r: Wrmaitiora is reasonably undwrstood to bo confidential and/or proprietary, Contractor aaga'cres that it shall not use or disclose such infiot•m atiwl ex.ccpt in thc; pt.trfornytaance of this Agreement, and fbrth"-r at rfdOs to exmr ise the Same degree of care it use., to protect its own information of like imPortaance, Mit in no event 1c,s5 than reasonable cairn;, "Confidential Information" shall include all nonpublic information, Confidential information incicrdc:s not only written itlf'ortalation, bort also information tr€arlsl'orred orally, visa.iaal.iy, electronically, or by other rneaans. Comfadeatial inibrmation disclosed to either party by any aa. Wdiary and/or agent elite other party is covem'd by this Agrec:tlaent. The 66r€going obligations of non-iisc and nondisclosure ,shall m t apply to any information that (a) has been disclosed it, prablicly aavaailable: scltirces; (b) is, through aao ftault of the Contractor disclosed in as publiely available source; (c) is in rightful possessicm of the Contractor without all obligation of'cwonfidoutiatlity; (d) .is required to be cl Closed by operation of law; or (e) is indeperrden ly developed by the Contractor without re-rcrence to in6ormattion disclosed by the City. 12. CON H.,R."T OF INTEREST CLAUSE Contractor covenants that it presently Naas no interest and shall riot have interc,st4, direct or indirect, which Would corxllict in any manner with performance oCservic;us spncifaed under dais Agrees-ient. P�k Le251-21 13. NOTICE Ally notice, tender, cletuand, delivery, or other 00M1111anication pwsuant to this Agreenrew shall be ill writing; and shljll be cleomec:l to be properly fiver ildelivored in person or rn€ilecl by first class or certified mail, postage prep€tid, or seat by tar or other telegraphic communlcation in, flac manner provided in this Soution, to the following persons: To City, Clerk or tho City C:owicil City of Sant€r Arta 20 Civic Center Plaza. (M-30) P.O. Box [988 SantaAwt, CA 92702-19$8 Fax 714- 647-6956 To Confi,actor: Executivo Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (Ul-21) 1"0. Box 1988 Santa Ana, CA 92702 Fax '71.4-64.7-563f) BA, Iae, 800 W 6"' StM'Ot, Scute 400 Los Anglr s, CA 90017 A party may change its address by givir g notice in writing to the other hasty. Thorea:fter, rr.ray conarminicatiotr shall be addi7essed and tr€ nsmittocl to the rLe;w address. If scat by mail, c:orrununicNa,tion shat) be Qf fectiw or deemed to have been given tiara, (3) clays after it has. berm depositod in the Ulli.toci States mail, duly registered or certified, with postage prepaid, and addressed as set foffli above, Ifsent by fax, cori municatiorl, shall be Off�:cdve or deemed to haw boun ,given twtxity-four (24) liours after the tunic got forth on the transmission report fsstrr d by the trallSill ittllig facsimile machine, addressed as set forth above. For purposes of calculating these; till:te f:ratne5s, ~vvc,chnds, federal, state, County or City holidays shall be; excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the coniple;tc and exclusive statement betweon the City and ('ontractor• regarding tht, subject matter heroin, and supersedes € ny € nd all other €i1;rc;crrr€ t1ts, oral or written, between the laxities. In thea ever. -rt of a conflict between the terms of'this Agreement and any €rttachnrc:rits hereto, the, terms of this Agreement ,shall pi,cvrril. This Agrea mnit may not be rnodi'f ed except by wittcn imstr imen.t. signed by the City and by ars authorized repi,ese;rrtative of Contractor. The; parties ragreu that any torros or conditions of Gary purcliase order or other i,nstruinctrt drat are; lncorisistont with, or in addition to, th.e terl IS and conditions herc;of, shall not 251-22 bird or obligate Contractor or the City, l:lach party to this Agree moat uAnow.ledges that no repri se stations, inducements, promisc,s or agreements, orally or otherwiso, have been made by any party, or anyone acting on behalf of any party, which are not emboclied herein. 15, ASSIGNMENT lna5n]LICIl as this Agreement is intended to secure the spociatizod ,services of Contractor, Contractor may not assign, transfer, delogate, or s€ bcrontract any interest h orcin without the prior written consent of ttic City and any srich assignment, transfer, delegation or subcontract without the; City's prior writtenn conseat shall be eonsideted null and void. Nothing in this A.gre;e;nxent shall. be construed to limit the City's ability to have any of the; services which are the subject to this Agrerernent pe:rformeel. by City per;rOIAnet or by ether cnirtscdta,lltS retained by City, 10. WAIVER No waiver of breach, f Blum of any condition, or any right or romedy contained in rar gmanted by the provisions of this Agree ,mcnt shall be offecdve unless it is in writing and. sigra.ecl by the party waiving the breach, C.:ilure, right or rGmody. No weiver of any breach, faii€m or right, or remedy shall be; deomod a mvttiver of any other breach, failure, right or ronwdy, �vhethc it or not similar, nor shall any waiver ucrrrStitutC a coirtintrittg Waiver unless the writing spa spocihes, 17. TERMINATION AT ION This Agree niont may be temnina:te d by the City upon thirty (30) days writton notice of tertrrination. In such event, C:ontraotor shall be ontitlead to rcceive unci the City shall pay Contractor c:onrlrertrtrrttion for all sorvices poiformed by Coutracto.r prior to receipt of quch rrotic e of turminaticaa, subject to the followbig conditions: a, As a oonditiort of such paymeat, the Emu u ivc, Director may require Contnrotor to deliver to the City all work: product completed as of quch date:, an.d in such case sr.ich work product shall be tha property of the; City unloss prohibited by law, and Contractor consonts to thO City's use thereof for such, purpcascs els the City d.ecuis appropriate. b. Paymout treed not be erucic leer= work which. fails to meet the standard cel' performance specified in the Recitals of this Agreement, 18, NON -DISC RI.lYiil'dATION Contractor shall not disci ii.nitute bmause; of recce:, chlor, creed, relation, sex, marital stEtttrs, scutal trrientation, age;, national origin, ancestry, or disability, ;as defined and prohibited by z€ppliubto law, in the; recru411.01 t, :relc:ction, trainirig, utilization, protnotion, termination or oth(r'r employment related activities o)` its cotmeotiort with any utivities undor this A.grcernent. Coatraotor af'riirms that it is an equal opportunity employer and shall con:iply with all applicable federal, state and local hews and regulations. f'z.ige 7 oF9 251-2 19. JURIST IC,"t`iON-VENUE "["hi.y Agoem.ent has boon o;s.coutocl and delivered in the State Of C"aalifortaiai. and the validity, interinrdation, pe:rtorniance, and etiforcornent of any of the clauses oC this Agreement shall be dl ,,terrnincsl and governed by the laws of the ;tate of California. loth paa°ties fitither agree that Orange County, Califo.rtaia, shalt be the vemic for any aotion or proceeding that may be; bMU&ht or at IR otrt of, in ccannoctioaa with or by reason of this A,greerri :rat. 203 f'RC9FE8,9TC)lel kl, LIC ENS EJ S Contractor shall, throughout the toren of this Agreement, inainta bi all .nocossaiyy licletises, permits., approvals, waivers, and exe;irilntiom, taecossaa.ry for tllo provision. of the services here finder and regmived by tho laws and regulations of alae United States, the State of t::�llifornita, the: City of Santaa Ana and all otherovernme ntal. ago nc:ie:s. Contractor ;.shall notify the C;i:ty in-amocliately and in writita�, of its ina bi€.ity to obtain Or maintain. such pormits, Iic:cGaseas, a proval.s, waivers, and exemptions, Said inability shrill be clause for termination crf this Agroemeiti-. 21., MISCELLANEOUS PROVISIONS aa. EFtCh uridc;rsign4xl represents and warrant: that its sigraalttire heroin below has the; bowel', aauthority ant! right to bind their respe;ctivc parties to oauli of ttie terms o(" this Ag °e;e;tneaat, and shall inclotrinify City flatly, including Treasonable costs and attorney's fces, for ally irajltries or clatauigos to City in the event ttiaat stash auti'ao ty or power is not, in t'aet, la.eylcl by the; signatory or is witlaclrnwn. ln: All exhibits referonc.ecl Lorc;in and attatc hod hereto shall be itncorl)or atecl as if folly set forth in the body of this Agvc;Gnje nt, IN WITNESS tiVHERBOF, the parties het' to lliIVC Gxe;caate;el this A,€,rcemeint the clatter and year first above wri.tt-m. r-1,•11ES`['; CITX OF SANTA ANA .;.. ,/r7vs / __..' Jam_ - MARIA D, 1-I[_IIZAR e/ C "thia J. Kurtz Clerk of the Ccatsaac:il Interim City Manager APPROVED AS TO FORM CONTRACTOR SCAN IA R.• ("'ARVALHO City Attorney J ,� to M. Fair�lc Natrae.W c � �Mof� Assistant City Attorney T-itlo: �Y��r, ]v Nigu R 01'9 251-24 RE, COMMENDI{ D FOR F1.I'PRi)VAL C vf-�.'U S—VIOUR Executive Director Public Works Agoncy Page 13 ot'O 251-25 CITE! OP'SAINTA ANA EXHIBIT A RFP NO.: 16.r1. 1yel y)BtUlF"ACE UTILITY lI 7 SCOPE 01,'WORK introduction and Bacligrotmd: The City of SmItsa Ami is locutcd ill dw (:loony OF Orange i11 Soutla(:rt� G4alifaraai�t. The C:iiy cnoompnsr;es 27.5 scl ue arailos aucl ipoptilcatiora ol°c)v(.r 325,000 ll�iaplr, The City of Santo Ana Public �Yarks Aple.my (PWA) is solioitim, prvpoatals for Sub. adaco Utility Ellg,itah,eritau, (SUED) Sorviccs, These tasks inoki.d,: lc)(xa iaci and ideLitikicatiata of uaath;rgt'nLMd id,'iliks in the planriila", dcsip, pre-conAruction„ atad u0izstrtldiota 1-fl-Wses. "Plisse scn iws are on-cutl and on ata as- tleecl d b€131.3, '1'1115 a°ecltautit for Proposal (IZ.I?) provides quatitIed ftrins with the irali'trallaatiora e:taaa.l)ling darn to submit aa. Servitx laid Propsaal ara,d to providl� dlc 5ervk-es eia;sct• bQd lwrcin, L)-84: PEi. )q,2EWork: On a, hsis, dA, seleoted flmi/s shall prc)vide the City tial, ft,allo-Mr1t, sr;rvices as el�uribed hemirl. Underground �italit, Locating: Dotcrvvirao thy; prooise bolizontaal and vortical posiUml, size, coateiitiota, aaaaa1QriEal, ,utiii.ty° cawilorls name, and Other charactearktics Of'attacic,r raLMd c€tilities Uyi.tal; vacrraUM (rcc:4ay,fthurt aad or csdwr c o.aaalxarable nar: ns. Umadcr and ro,4w/ plans provicl-gid by the city rias) ia.a9 tract's t'eciuirin.g locwatirr� (1�;.at'i7�ar�,halcs) sit(,,5 as kion mod by tho plf:tris. �► .l -wwato using 11 method to Gnranle vortical mr1a lar�rircra.tcbl c,claltai°ltiotl atacl loctatirag iaac,jnS. Ftartliil't incl itaStFall pt;rul4inent above gt°oaand mar'kcr ewld colas code, %or caic:h Of" tile, r€tilities (i,e., P,K. na.il, .iaog, steel pita, ov hub) climotly aabovc the cclate€•liras of filao 3trucrure aatacl rocord the clevatiota ul"t;w marker along witla all the, rhttratctaristi.os caftl:lc; utility, All horizontal and vtrtical clata. 3114111 araeet ga:uwcy sta.ncl€trek hi tiaccordatm, tt.aaelas ddai.led by th.e Et gIlleCT pvovide the frallowing as part of tlau borcholo tct,t i.kafimnaat.iatt P;lc%I atiorl toga and bottom cit' the utility tied to the d3tuna ataci or i=tu'aaislaQcl inibriluition by ffio Engi[ioo•. T11c accumcy or tlae vr';rkall elevation .ihaall be " 411 in (+/ , i [l). b. E."Ievtation cif' the existing gradc,- €1v€ r Chs: aatility test borchole vcl thea pwom aat and b acid.111 material. c. Horizontal to the puoviclad tl.atu I €incl of 414, rcqucst�d by the Etagincet• cl, obud.aa pi o, ctut ,t bank, � iacGa et�etat, taald rnulti- coudui. conflgtarattioti wiritkl o. I''rc��; icic, t€tili.t:y stt•iac:tucc ta'aaatcri4al cote°t0osititan tu�tcl uc�nrliti�,rt P. lcaetatil'y ben hrmarlcs used to clG- naino ��Irwinlions tattCi hlciurlw it as part of tla,� tim_al dvdivor<ahlu. roport. ld,�n i(;y atacl pmvido pave.r€l aat; this ness, cwt:ri3l mid c'ottditi.url titaci j,,:ril type cltarta�;tca�i,,tic, WM CUTOF SANTA AM .RF.P NO,: 16-114. SUl317laRF C'1? i.r'1"li,lT ' ivC.11i"v]?,�' Glx Cx SE'RVICES a All complr;teci a'cports slarall be c:G.rdFicd to b�,, correct 911(1 signed by it proressiona.l lilnd saaa�voy(hr l'e inter cl in cttiiffit'ni& (Only if Mgtlirod by' tho E.11ghiccr), Work under this ciatogot•y bc; }Tafel Oil hourly bats, B acic.Pi11 all tu4t holos shall In backfilled with in-lcia d ma.tori.al nod cch€.�llalacI to tG rei.ative c0mi..action OF 90%, a Borcllotew gr&' .Ior than 211,'01"al be Paved and rnatcl'h cXistin j1M' 111et1t thicic.noss section unL� ss st,Metl othUrwise and cit' apprtavod by t1w Engineer. a Clc;,aah 811d Vveeh wock situ at the eild of'thtu work dray. + Provib radcliUmial ,aweying, and t.lndergotr.nd utility rwippi g servicc,s lit 111 11,0ttrly rate; Get'ieral Real e'mqttl� f�;ncl �'i`o�r=cf �7clive�t���les� All wark for this v/ork for tral:f"ac coal-vl shall be clone in: elcc.ordanc;ca with the f°oderai I•li�hwmy Adxnil'ri,ttration's TvlanL411(41t:1TCD) The selel.te:cl. tirm"'S shall Obtaizl ,alt raece;stary laevmit.s front. the City and local jhlriM[c:tion prior to oonTra IM1609 tat'7y Of"ttO work ill Public P.iglht of'vVaay, • Amy wock roquire d cats private prr}pwy shall be zal.at('lorizcac1 by thc� Englnee:a• prior to ccammencom art of-woek-, All word shall he doia a in aoc:mdr ance with ASCE Standard 358-02; St,ltidewd ("uidoline for the collection wid cl,wPIcaion. of the: mistiah , ,t.tla,3l_1ri'ajcr anility c1,tta, 'I`lle fira-a A slrafl secure, gill permit Co woo€ ill t1w 01.),.ficrs aro not roirls,h4rr;, il)k,, M All 4k,,o k glhal.l he perfbtm,� d to the sp,,oikw projcc:t Ea€lel or locanion as clot4a.ited iu t;h, notice to proceod mid lnd.imted by the o All mports and uchnical 1xa�araol,ancl.� 911,111 Ile,tUbmitted eteotronLully to City aa:hcl slhinll iacludc all t1'le 1la,fiarlla,ttion Its R,cilaia°e:cl WWI cicta.iled 41 (110 htratico to pwcccd, All C.'c:al1 patcr Aided DrIfiing D,4slvn (C, DID) work slh{til be sctlaaahittwd ora el ctronic, tbri-natt (tili(v'sl ation). In tIdditior7, a hard copy 0('t1w pro findings and a ciig�ittal f`t]Q in, Microstatioti shall bo satbcnitt+d to tih,� cragicwer for r�Ovie',v be'R)m finlrl saPl7r M11 and :linatlpll,�iment i., ahtttlacarizcd A li-st of positions and hourly rheas saaalI l'xe lucluded as part of t114 pcoposand inoludcd in tlhu seal bic! laarlum" Soo e-ttmchmetlt 4 -• ��.1;.)l�l'l"LC„7N.� L PROVISIONS tier a saaah.7l7le l3' °cakdowli„ The consulfinE,� f tmil,5 to attilities dUrilIg 61C t0k. iMiih5 efitart.,, f c�ns�llt<r� l F1.ttrl a a,1 !_i'�tirs�ti�, PrcaeE : Prior to Iatvtlr(litl" th, coll 2�C.1, the scic�cteel C°c�rhstllr,,uat sh,rll l� ,sat4a c;t to L111 uidit or revi�'w by' (;ItltrM s' r`�.h.a(11':s Itnd 111vosti"aliolls ( \&Q, odler stcrtC tau(EL {ACL?>anizalion'3, ol, tht: f,A.eral f}�i}arh'rlont, Th.r, seI'cctucl CORt Ultz.Elt. -fall oomploto F"Xhlbit 10-1", - C."anstlt4atrt C€:adrication C'ontv"Ict cost arld h'inactc-iatl, in. tlw rllal ahcli c} l'th.,is ltl:T a, A,ut. cal.raleut 4. "I"t}.11e is of t1w e;,mlce and wua'ic'11,311 cs,►h Meme e within 5 dtrys wr the; N'otk e to Pcocoecl rol, pllalm d LIndea'asl'oalllcl tltllitj' li}Ulll:alk S I:VIi,c y, RP1P 1,1,10,: 16-114 SL:1.3FURVA CE, UY 11,ITYRXGMET,,RUNG'S ,`RVICVIS Tlrc c:or2ultrarat �Ball b� available tc7 Provide ori -call s, rvices withia 48 -hours :far.' LM)lXM M trtilky loQ atarag svrvicG's. it ��es i LIS Il�)1IItI0s., The City will provide, inrormatiota in its frossassiora mlovant to the prgar4atioca of the nNui.rod iiiform,a(iora in tla(,, RFP, Tlr.v City v+,111 prov:ichonly tile, staff assistaucc and the documentation spocifically in m#'ct ccl to helvila. x'001YED.Rma, In raciclitiorr to S�,,,od an W.B.3 (Subratittal Foo P1' pos al) f-0 sclacclulo slaa,lf be str•uctatrecl as (:,bhows: A for Caltrans fuadccl projects, rc,Cwwerioo L111:'NI Exhibit l ii,'l•T (5r1111plo Cwt proposal) and i.rldr.rcle in M acluncInt 4, TIAQ City %-ill SCIOCt up to (tlarou) firma to proviclW the seryiew l'lau few proposal a11101 include th, ir"m's standaul hourly fe- scho(hilo, rand/or project fee schc,dule rulat~re rlpl tl pble aur i 01 oud ina'd in this this ttocumerlk,, c' r�u-) li iLlctm+,yitir�f.��auimen ,LqnL9 QHi;li,uli_ii;y ��s cr��y;:.ars„ rr;a tIppropHr a"(101cte u"Iusc',d scc,ti01mi: r� rf Crrlcrrrn;; This pro ,je t is t1,�r�.cf,.ci thl ou"gh :XXX and shall comply ��` 01 all requiremotats of X.,X x 'I'lic rattcached forins rraarst lid corn lettcl'JI Cl.ac;fr uratirQty rl'ncl sralxrnitte(j With yotr.r 1.7roposai: LAPM .l xhibit 104,1; Swv[G Cost Pro 110srrl LA1M'Exhlbit 10-1:'Notice to Pre1pmots, DBE I'nfi.o.Vmaiio n LA.1' A Exhibit 10-0 1 ; Cozawailtant Proposal T)Fi Corr nutmeat + 1..,APM' .1 xhibit 10-K: Conx.rlt; tat Cectificral'ion afar oc A'I-rant Casts and Fimiacial r7.a,tnr.;;erazc. t ; y.stt;rn If tlae project L ill be firax=d by fcclorral-1"Vaclw all scrldccs rondr,r• d shMI Yneet all. recuircci 1` dQc .val mquiromr> .rus iracludocl lrrr this cocluest Cor Prc)laoS€11. C;`ortsulCralACs rarN''aclvisocl tlira�, as requirod by federal law, tbo, City ofsalzta. Ana is irl plemeatim, the 1icvv Rw� e Comciow DisrltivaratagQd.lar1;;Lmr .98 l--IInter (DBE) Proarr -n, C)Elor tl'lk contrrata is 9,60%. • 2016�2017 BA Inn, Rate Schedule BA Int.'s WO SChedUle reflects a communloation to provide the City of EqWa Ana with high- quWity service 8t a competitive rate. The following rates shown are effective until Decerriber 31, 2017: Principal $90.00 - $105,00 $240.75 - $280,88 CNef rz�noineer $8100 - $90,00 $21 4,00 - $240,75 Director $70.00 - $80,00 $187,25 - $214.00 Project Manager' $66,00 - $70,00 $173.88 - $'187.25 Senior Poject Engineer/ Lead Sqerintenclent $55,00 - $65,00 $147, 13 - $173,88 Project Engineer 111 $45.00 - $60,00 $120,38 - $'100,50 Project Engineer H $35.00 - $45,00 $93,03 - $120,38 Proieot Engineer 1 $25-00 - $35,00 $66,88 - $93,63 Field Laborer $20.00 - $30,00 $53,50 - $80,26 Administrative $115,00 - $20.00 $4013 - $53,50 City of Santa Ani RFP 16-11.4! Utility F.ngim�.Orjng Sorvic.c.'r, 251-29 251-Q OP ID: YC '4i,'�`� CERTIFICATE OF LIABILITY INSURANCE[UATE06/28/DDYYYY) 06/28/2017 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 Narver Insurance 641 W. Las Tunas Drive CONTACT NAME: June Samarin �A/HONN , Ext): 626-943-2237 (A/C No); 626-299-1010 PO Box 1509 San Gabriel, CA 91778-1509 WESLEY HAMPTON HOUSE _ E-MAIL ADDRESS: JSamarin@narver.com PRODUCER BULLO-4 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NA_I_C # INSURED BA INC. INSURER A: Travelers Indemnity Company 25682 800 West 6th Street, Suite 400 Los Angeles, CA 90017 INSURER B: State Compensation Ins. Fund 35076 INSURER C: Lloyds of London 15792 INSURER D : 06/21/2017 06/21/2018 INSURER E.' $ 300,000 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 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. IPOLICY LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFF MM DD/YYYY POLICY -EXP _F_ MMIDDYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY X 680-6J028194 06/21/2017 06/21/2018 DAMAGE(RENTED PREMISESS Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X Contractual PERSONAL & ADV INJURY $ 2,000,000 Liability GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY X PRO jECT [7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO BA -3C984479 06/21/2017 06/21/2018 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS - BODILY INJURY (Per accident) ------ $ SCHEDULED AUTOS PROPERTY DAMAGE A X HIRED AUTOS BA -3C984479 06/21/2017 06/21/2018 (PER ACCIDENT) $ A X NON-OWNEDAUTOS BA -3C984479 06/21/2017 06/21/2018 $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 A EXCESS LAB CLAIMS -MADE CUP -5D991542 06/21/2017 06/21/2018 DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION X WC SLAT T- OEH- AND EMPLOYERS' LIABILITY Y/" E. L. EACH ACCIDENT $ 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE 9212148 06/09/2017 11/26/2017 OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) N / A .__...._._._ ...................... ..--- ----------- --__-- E.L. DISEASE - EA EMPLOYEE -- $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liab. ANE143717317 06/20/2017 06/20/2018 Ea.Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Contract #A-2017-080 The City of Santa Ana, its officers, employees aggents and representatives and are named as additional insured as respects Liability attached endorsement CG D3 81, as required by contract. This insurance is primary and any insurance carried by additional insured shall be non-contributory. CERTIFICATE HOLDER CANCELLATION CITYSAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE @ 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD,,, REVIEWED BY; EUNICE HEREDIA (PG I OFq) Policy Number: 680-6J028194 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I=3W_1LlI NAr_ • 1, 1J 1,111!1i.11 Ilk- - - This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission REVIEWED BY: Eur i E HEREDiA t t of ) COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights QfRecovery Against Others To Us. of SECTION |V — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any pe/son or organization because of payments we make for "bodily injury''. "property damage" or "personal injury" arising out of"your work" performed by you, oronyour behalf, done under "written contract requiring insu/ance''with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when. the ''bodily injury" or "property damage" occurs, orthe "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part ofany written contract under which you are required toinclude aperson ororganization asan additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused byanoffense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2uf2 @uo10The Travelers Indemnity Company. All rights reserved. CG D381 09 15 OP ID: YC 'a�oRo CERTIFICATE OF LIABILITY INSURANCE D01/08ATE /2019 Y) 01/08/2019 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 Narver Associates Ins Agcy 641 W. Las Tunas Drive(A/C,No PO Box 1509 San Gabriel, CA 91778-1509 WESLEY HAMPTON HOUSE CONTACT June Samarin PHONE FAX Exti: 626-943-2237 A/C, No): 626-299-1010 E-MAIL ADDRESS: jsamarin@narver.com PRODUCER CUSTOMER ID #: BULLO-4 INSURERS AFFORDING COVERAGE NAIC # INSURED BA INC. 800 West 6th Street, Suite 400 Los Angeles, CA 90017 INSURER A: Continental Casualty Company 1,20443 INSURER B: Lloyds of London 15792 INSURER C: Employers Insurance Group 11512 INSURER D: INSURER E: 06/21/2018 INSURER F: PREMAGE TO ISES Ea NTEDence $ 300,000 COVERAGES CERTIFICATE NUMBER: 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 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. ILTRR. TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMLDDNYYY MMIDDfYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR X 6024853577 06/21/2018 06/21/2019 PREMAGE TO ISES Ea NTEDence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL SADV INJURY $ 2,000,000 X Contractual Liability GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY REVIEWED BY: EUNICE HEREDIA (PG OF ) COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ A X SCHEDULED AUTOS HIRED AUTOS 6024853577 06/21/2018 06/21/2019 PROPERTY DAMAGE (PER ACCIDENT) $ A X NON -OWNED AUTOS 6024853577 06/21/2018 06/21/2019 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 A EXCESS LIAB CLAIMS -MADE 6074584249 07/27/2018 06/21/2019 $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A EIG 2743312 12/07/2018 12/07/2019 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liab. ANE1437173 06/20/2018 06/20/2019 Ea.Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) }2E: Contract #A-2017-080 The City of Santa Ana, its officers, employees agents and representatives are named as additional insured as respects attached General Liability endorsement SB -146968, as required by contract. This insurance is primary and any insurance carried by additional insured shall be non-contributory. CITYSAN 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. AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD CNA Policy Number: 6024853577 SB146968B (Ed. 6-16) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury" or "property damage"; or b. Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "property damage" included in the "products -completed operations hazard", and only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright, CNA All Rights Reserved. 1. REVIEWED BY: 4WVEUNICE HEREDIA (PG OF ) 1A VL SB146968B (Ed. 6-16) 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, BIA if required by the written contract or written agreerrreat, this insurance Will be primary and noncontributory relative to insurance on which the additional insured is a t4ameri Insured,. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance Nprovision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 0 E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON s POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: 2. 'Me waive any right of recovery we m,,aay have against any person or organ, izzatton with. whom you have agreed to waive such rrght of recovery in a written contract or agreeaierrt because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products -completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright, CNA All Rights Reserved. REVIEWED BY: EUNICE HEREDIA (PGq OF