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Home My WebLink AboutREPUBLIC ITS, INC. - 2011K �1 Y c^. S 4 Q �lY JCL iF� `, ( �t r • �� I '�y� l AGREEMENT FOR PROVISION OF SERVICES A- 2011 -202 THIS AGREEMENT, made and entered into this 24"' day of August, 2011 by Republic Intelligent Transportation Services, Inc., a California corporation (hereinafter `'Contractor'). and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City'). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of energy efficient LED street lights. B. Proposer represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Contractor shall remove and dispose of the existing street light fixtures and acquire, install and performance test new LED energy efficient fixtures on the existing street light poles in the City of Santa Ana shown on Exhibit A, attached hereto and incorporated by this reference (hereinafter "Project'). Said Project will be completed in accordance with the terms, conditions and specifications, as set forth in Exhibit B, attached hereto and incorporated by this reference. 2. COMPENSATION a. The City agrees to pay, and Contractor agrees to accept as total payment for its services, a fixed price of $640.00 per replaced fixture. The total sum to be expended under this Agreement shall not exceed $162,000.00 during the term of this Agreement. b. The Project is funded through the Energy Management Solutions Agreement between City and Southern California Edison (SCE). Payment to Contractor shall be made after completion and City acceptance of the Project. Contractor shall submit a detailed report of work performed and materials used in the Project. Within thirty (30) days after receipt of such report, and receipt of payment by SCE, City shall pay Contractor, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2012, unless terminated earlier in accordance with Section 13, below. However, contractor shall perform all work items required by this Agreement within the schedule approved by the Executive Director of Public Works. 4. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of City. Copies may be made for Contractor's records but shall not be furnished to others without written authorization from City. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship or a joint venture relationship; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking perfonnance of work under this Agreement, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the perfonnance 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 there from, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers 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 insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for Workers Compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement. Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000.00) per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per claim. this section: The following requirements apply to the insurance to be provided by Contractor pursuant to 2 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish 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 Contractor's right to be paid for its time and materials expanded prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work perforined prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: 1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the teens of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all cost for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, effects arising from this Agreement. City may make all reasonable decisions with respect to its representative in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. `'Confidential information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of nonuse and nondisclosure shall not apply to any information that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially; 4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without reference to information disclosed by the City. 3 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance if services specified under this Agreement. 10. 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 facsimile 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 P.O. Box 1988 M -30 Santa Ana, CA 92702 -1988 Fax: 714- 647 -6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M -21 Santa Ana, CA 92702 Fax: 714 - 647 -5069 and: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax: 714- 647 -6515 To Contractor: Republic ITS, Inc. James A. Wagner 1266 N. La Loma Circle Anaheim, CA 92806 Fax: 714 - 630 -2828 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict rd 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without 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 the City personnel or by other Contractor retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive, and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be property of the City unless prohibited by law, and Contractor 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 perfonnance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, State and local laws and regulations. 15. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and /or property that occur as a result of the fault or negligence of said Contractor or its subcontractors, agents, employees, or other persons acting on their behalf in connection with the performance of this Agreement. 18. FAILURE TO PERFORM SATISFACTORILY a. Contractor acknowledges and agrees that if the Contractor fails to perform the work as specified herein, the Director, 1) will pay only for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. b. If Contractor performs the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and /or forfeiture for non - completion per schedule totals five percent (5 %) of the total contract price, the City shall notify the Contractor of such noncompliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, nonperfonnance and /or forfeiture for non - completion per schedule totals ten percent (10 %) of the total contract price, this Agreement may be terminated at the City's option. In the event of termination for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued due to changing contractors. 19. SAFETY REQUIREMENTS All work performed under this contract shall be performed in such a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL - OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harnful acts are observed or reported relative to the performance of the work under this contract. 20. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and /or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency. ril 21. UTILITIES Contractor shall immediately report any damage to utility lines that occurs shall immediately report to the utility company that is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. 22. ACCESS TO PRIVATE PROPERTY Prior to the commencement of any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him or her of the nature of and the approximate duration of the restriction. 23. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are damaged they shall be replaced in kind at the Contractor's expense. 24. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact the Director for approval. 25. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for routine and /or extraordinary maintenance perform pursuant to this Agreement. Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and /or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Santa Ana Public Works Agency — Administration Division. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 26. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the Contractor fail to correct deficiencies or public nuisances that have been created because of its operation, then such deficiency or public nuisance will be considered to be of an emergency nature and cause the City to make corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred Dollars ($200.00) for each callout. 27. APPRENTICESHIP STANDARDS Where required under law, Contractor shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 28. SUBCONTRACTORS The successful proposer shall not, without the written consent of the City: a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. c. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half (1/2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. 29. MISCELLANEOUS PROVISIONS a. 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 tenns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: taura Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODIN Z, II Executive Director, Public Works Agency I CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager REPUBL"NTELLIGENT TRANSrORXATION SYSTEMS, INC. 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SCOPE OF WORK The Request for Proposals calls for removal and disposal of existing luminaries; furnishing and installing new LED street lights and all testing, including photometric, to prove that furnished luminaries perform as specified. The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ( "WATCH "), transportation, hauling, dumping, and recycling of removed material as part of this project. The City reserves the right to salvage existing luminaries. All salvaged luminaries shall be delivered to the City Corporate Yard at no cost to the City. II. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; 2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due to the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. The Director or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Proposer, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR 1. Local Office Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. Contractor will not be allowed to store equipment or materials at any contracted area. 2. Submittals Contractor shall submit to the Director at the beginning of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification All vehicles and equipment on the project site shall be properly marked with company identification. 4. Licenses and Permits Contractor shall, for the entire term of this Agreement, possess all licenses and permits required for the performance of the work required by this Agreement, including but not limited to State License C -27, a City of Santa Ana Business License, and a C -10 Electrical License. 5. Work Force a. Contractor shall ensure that all work under this agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. Contractor shall ensure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by Contractor or its listed subcontractors. All subcontractors that will perform work under this agreement shall have been listed on Contractor's proposal. No other subcontractors shall be permitted without prior written consent by the Director. c. Contractor shall be responsible for skills, methods, appearance and action of Contractor's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and/or legal residents. d. Contractor shall perform the work provided for in this Agreement under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 6. Material Contractor shall submit to the Director a list of all materials that it proposes to use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all federal State County and local agency laws guidelines and requirements. 7. Recycling 2 All waste (including construction and demolition materials) resulting from work performed under this contract shall be recycled. The Contractor will be responsible for the disposal of all nonrecyclable waste in accordance with all applicable local, State and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean -Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service The Contractor shall be able to receive and respond to the City's call for emergency service twenty -four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can be contacted twenty -four (24) hours per day, seven (7) days per week. PART III. SPECIAL PROVISIONS Contractor shall remove and dispose of the existing street light luminaries attached to the 253 street light poles marked on Exhibit A, attached hereto. Then Contractor shall replace those luminaries with 253 Leotek model #GC1- 80E- MV- NW -3 -GY -350 LED street light luminaries. Said replacement luminaries shall be provided at Contractor's expense. 3 ,4�oRO® CERTIFICATE OF LIABILITY INSURANCE °171201111 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 MARSH USA, INC. 445 SOUTH STREET CONTACT NAME: FAX (PAC, N A/C No)- E -MAIL ADDRESS: MORRISTOWN, NJ 07960 -6454 INSURERS AFFORDING COVERAGE NAIC i GLD11101 -02 INSURER A: HDI- Gelling America Insurance Company 41343 100129 -REPUB -10111 RE31C SACHS 1185 INSURED REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC. DBA REPUBLIC ITS INSURER 0: Liberty MUIUN Fire Ins Co 23035 INSURER C : Liberty Insurance Corporation 42404 INSURER D: 371 BEL MARIN KEYS BLVD, #200 NOVATO, CA 94949 -5699 DAMAGE RNTED PR MiSET EeEoccur occurrence) $ 1'000,900 MED EXP (Any one erson INSURER E PERSONAL &ADV INJURY INSURER F; COVERAGES CERTIFICATE NUMBER: NYG006215946-01 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. INSR LTR TYPE OF INSURANCE DL S BR POLICY NUMBER - POLICY EFF MM/DD/YY POLICY EXP MWO LIMITS A GENERAL LIABILITY GLD11101 -02 10/01/2010 1010112011 EACH OCCURRENCE $ 1,000.000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_x ] OCCUR DAMAGE RNTED PR MiSET EeEoccur occurrence) $ 1'000,900 MED EXP (Any one erson $ 100,000 PERSONAL &ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 7,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ INCL. X __1 POLICY PRO- LOC $ B AUTOMOBILE LIABILITY AS2 -631- 004334 -210 10101/2010 10101/2011 CO MBINED SIN) GLE LIMIT 2,000,000 X BODILY INJURY (Pe( person) $ NIA ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS - X BODILY INJURY (Per accident) $ WA X PROPERTY a cDAMAGE e $ WA X NON-OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE. $ EXCESS LIAR CLAIMS -MADE DIED RETENTION $ $ O WORKERS COMPENSATION WA7- 63D-004334-010 (ADS) 10/01/2010 10101/2011 X WC STATU OTH FR C C AND EMPLOYERS' LIABILnY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICER/MEMBEREXCLUDED7 (Mandatory in NH) N/A 7- 631.004334.020(oR,wl) EWT -S3N -004334 -040 OH ( ) 1010112010 1010112010 1010112011 10101!2011 EL. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below 1500K LIMIT /$500KStEr E-L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) E: AGREEMENT FOR LED SL RETROFIT CITY OF SANTA ANA IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS !MARY INSURANCE & OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY & NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON - PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP 0 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. CITY OF SANTA ANA J Ali To FORM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: KURT WIEMANN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 CIVIC CENTER PLAZA -�� f , // ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA, CA 92702 .LI AUTHORIZED REPRESENTATIVE ;IV A L i; r' r of Marsh USA Inc. Manashi MukherjeeioLUr+oti„� 01988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLD11101 -02 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or organization_ ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT It is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self - insurance maintained by the above, but only with respect to work per - formed by or on behalf of the Named Insured. (If no entryappears'above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) WHO 1S AN INSURED. (Section II) is amended to include as an insured the person or organization shown in the Schedule,. but only with respell to liability, arising out of °your work' for that insured by or for you. CG -20.1.011 85 Copyright, Insurance Services Office, Inc., 1984 Page .1 of 1 p /� , zo/ i - 2 oZ -`i�� °® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) osn7rzo11 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 tNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an AD �� INS�R�:e th policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain �iCie�'�rrfay rl�uiF "s'1en�nQ:�ement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER �� '. - - MARSH USA. INC. /" I j � _ - ...` -.� � 445 SOUTH STREET L �__ i �' - ' '; j MORRISTOWN, NJ 07960.6454 - "' CONTACT E' E A/C No AD AIL INSURERS AFFORDING COVERAGE NAIC K INSVRER A : HDI- Gerling America Insurance Company 41343 100129 -REPUB -11/12 RE31C SACHS 1185 INSURED REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC. D8A REPUBLIC ITS INSURER B Liberty Mutual Fire Ins Co 23035 INSURER c : Liberty Insurance Corporation 42404 INSURER D 371 BEL MARIN KEYS BLVD, #200 NOVATO, CA 94949 -5699 DaMM>�E RENTED PREMI E E ccurr nce $ 1,000,000 INSURER E $ 100.000 INSURER F CLAIMS -MADE � OCCUR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED N.4M ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV 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. IN$R LTR TYPE OF INSURANCE A DL UBR POLICY NUMBER M�DD/VYVY MIDDY VYY LIMITS A GENERAL LIABILITY GLD11101 -03 10/01/2011 10/01/2012 EACH OCCURRENCE $ 1,000.000 X COMMERCIAL GENERAL LIABILITY DaMM>�E RENTED PREMI E E ccurr nce $ 1,000,000 MED EXP An one person $ 100.000 CLAIMS -MADE � OCCUR PERSONAL 8 ADV INJURY $ 1.000.000 GENERAL AGGREGATE $ 7,600,000 G EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ INCL. $ X POLICY PRO- LOC B AUTOMOBILE LIABILITY AS2- 631 - 004334 -211 10/01/2011 10/01/2012 COMBINED SINGLE LIMIT Ea accident 2,000,000 BO:JILI' INJURY (Per person) $ N/A X ANY AUTO BODILY INJURY (Per accitlen0 $ N/A X ALL OWNED SCHEDULED X AUTOS X NON -OWNED HIRED AUTOS AUTOS PPReOa EcRtlT ^DAMAGE $ N /p, VMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETEN710N $ $ C WORKERS COMPENSATION WA7 -63D- 009334 -011 (AOS) 10/01/2011 10/01/2012 X we STATU- oTH- C AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE Y / N OFFICE R/MEMBER EXCLUDED? � (Mandatory in NH) N / A WC7- 631 - 004334 -021 (OR, WI) 10/01/2011 10/01/2012 E.L EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 EL DISEASE - POLICY LIMIT 1,000,000 $ II es. describe untler DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATONS /VEHICLES (Attach ACORD 101, Additional Ramerks Schedule, I} more space is required) E: AGREEMENT FOR LED SL RETROFIT ITY OF SANTA ANA IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS RIMARY INSURANCE &OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY 8 NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON - PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP O (i0 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. GCH 1 IFI(�A 1 t HULUCH VNrv•..CLlii t IVry CITY OF SANTA ANA AP�'RO V F, jy .� S �(, I "' Ci R SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: KURT WIEMANN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA, CA 92702 1 !,`P� �/� 2 �'— '— "-- _ - - -'- - AUTHORIZED REPRESENTATIVE L.dU[' .iL �l tl:: _ily of Marsh USA lnc. Assists L City At[t>rn c', - . - Manashi Mukherjee — '1y'f_- QU�o� -= m 11 9 6 8 -2011 0 ACORD CORPORATION. All rights reserved. ACORD 25 (20Y 0 /OS) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GLD11 tOt -03 COMMERCIAL GENERAL LIABILITY CG 20 1 O � � SS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement rnodities insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization= ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT It is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self- insurance maintained by the above, but only with respect to work per- formed by or on behalf of the Named Insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 � O 1717 85 Copyright, Insurance Services Office, Inc., t 984 Page � of 1 O