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HomeMy WebLinkAboutWKE, INC.-2014INGURAII CIVON flt.fl A-2014.348 WORK MAY PROCEED 11NTIl111111ANCf.00R1 � ci�lxoFcouNC1>< DATE �� IL -2,—j L( CONSULTANT AGREEMENT FAIRVIEW STREET BRIDGE REHABILITATION DESIGN SERVICES RFP NO. 14-001 j� THIS AGREEMENT, made and entered into this V` day of 2014 by and between WKE hie., a California corporation (hereinafter "Consultant"), 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 Consultant having special skill and knowledge in the field of civil and structural engineering. B. Consultant represents that Consultant is able and willing to provide such services to the City and is licensed by the State of California to provide professional engineering design services for the Fairview Street Bridge Improvement, which includes bridge deck rehabilitation, incidental widening, sidewalk, railing, environmental documents, and regulatory permits. C. hi undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional engineering firm. NOW THIIMEFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide civil and structural engineering services for the Fairview Street bridge rehabilitation in compliance with Consultant's Proposal dated August 6, 2014,.attached hereto as Exhibit A. The Consultant will provide an experienced, educated and professional team, whose Project Manager and staff shall be responsive and maintain excellent working relations with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. 2. COMPENSATION a. City agrees to pay and Consultant agrees to accept as total payment for its services, the rates and charges set forth in Consultant's Proposal, attached hereto as Exhibit A and incorporated herein by reference. The amount to be expended for services shall not exceed $559,661 during the term of this Agreement. b. Invoices i. The Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. ii. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: I . Consultant's invoice number 2. Beginning and ending dates for services 3. City project number and/or name (Project 15-6827) 4. Work site address/location (if applicable) 5. Tasks or deliverables completed, and percent of total services completed c. Payment by City shall be made within sixty (60) days following receipt of proper invoice, 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 the City. d. City shall retain ten percent (10%) of the contract price for each project until the completed project has been accepted and deliverables received by the City. e. No additional work shall be authorized unless a separate estimate is given for said work and the estimates is approved by the City in writing before the work is commenced. The Consultant will be required to provide detailed information of such work. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. "�.7Ti The term of this Agreement shall commence on the date first written above and continue for a period of two (2) years, unless terminated earlier in accordance with Section 10, below. 4. OWNERSHIP OF REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Contractor shall furnish the City with all necessary copies of data needed to complete the review and approval process. 5. DELIVERY OF SERVICES Consultant agrees to provide schedule and deliverables as set forth in Consultant's Proposal (Exhibit A). 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance: Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles. c. Worker's Compensation Insurance: In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional Liability Insurance: If Consultant is or employs a licensed professional such as an architect or engineer, Consultant is required to carry professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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 Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, 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 terms 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 Consultant further agrees to indemnify, hold harmless, and pay all costs 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 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, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Consultant shall perform all requirements under this Agreement in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. b. Consultant certifies that it shall comply with the following regulations, as required by the Highway Bridge Rehabilitation and Rehabilitation (HBRR): Audit Records - With respect to all matters covered by this Agreement all records shall be made available for audit and inspection by the City, the grant agency and/or their duly authorized representatives for a period of four (4) years from the termination of this Agreement or for a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. ii. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. iii. Section 504 0£ the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the Agreements with and be binding on all of its contractors, subcontractors, assignees or successors. iv. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. v. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". vi. Non -Discrimination Clause - During the performance of this Contract, Consultant and its subconsultant shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HN and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. vii. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. viii. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. ix. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. x. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327- 330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. xi. Consultant, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. xii. Consultant, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. xiii. Consultant agrees that the State of California shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. xiv. Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non- exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: 1. the copyright in any work developed through this Agreement; and 2. any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. xv. Covenant Against Contingent Fees: The Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the consultant; to solicit or secure this contract; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this contract. For breach or violation of this warranty, the Local agency shall have the right to annul this contract without liability, or at its discretion; to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. ASSIGNMENT None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant or person with the prior written consent of City. Consultant must submit all subcontracts and other agreements that related to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 11. TERMINATION The City reserves the right to terminate the Agreement as follows: a. This Agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Consultant either personally or by mail. Upon termination, City shall pay to Consultant that portion of compensation specified in the Agreement that is earned and unpaid prior to the date of termination. As a condition of such payment, the Executive Director may require Consultant to deliver to City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. In addition to, or in lieu of remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Consultant's compensation for Agreement services if, in the judgment of the project's manager or designee, the level of service falls below appropriate standards and/or Consultant fails to satisfactorily perform Agreement services. City shall have the right to retain funds withheld until the project's manager or designee determines that Agreement services are performed as well and as frequently as required by this Agreement. 12. 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. 13. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 14. FINES The Consultant shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to Consultant provided services. 15. CONFIDENTIALITY If Consultant receives information from the City which, due to the nature of such information, is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in performance of this Agreement, and further agrees to exercise reasonable care to protect such information. "Confidential Information" shall include all nonpublic information in all forms: written, oral, visual, electronic, or any other means. Confidential information which is disclosed to either party by any subsidiary or agent is also covered by this Agreement. 16. PROFESSIONAL LICENSE Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. 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 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6956 With courtesy copies to: Public Works Agency — Design Engineering City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 To Consultant: WKE, Inc. 400 N. Tustin Avenue, #275 Santa Ana, CA 92705 Attn: Dan Weddell, PE Phone: (714) 953-1020 18. MISCELLANEOUS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIAD. HUIZAR Q , Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: "l j "J Kyle ellesen Deputy City Attorney CO MEND D FOR APPROVAL: �U� r Mousav'pour Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT— President WKE, Inc. WKEINCO-01 ROSEM CERTIFICATE OF LIABILITY INSURANCE DATE21512O,YYYY} 12!512014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER License # OE67766 NAME: CONTACT All Smith IDA Insurance Services 4350 La Jolla Village Drive PHONE {619} 5?4-622Q tArc Na): (619) 574-6286 Arc. Nd Ea -- AodREss: AIi,Smith@ioausa.com Sate 900 San Diego, CA 92122 X No Co. Owned Autos INSURER(S) AFFORDING COVERAGE NAICB INSURERA:RLiinsurancecompany 13056 _ INsuREo INSURER B. Atlantic Spec laity insurance CoMpany 27154 INSURERC: WKE life. _ INSURERD: 400 N. Tustin Ave., 9275 Santa Ana, CA 92705 INSURERS: _ ...� PSB0001793 10111/2014 10/11/2015 BODILY INJURY(Per Parson) $ INSURER F: ALI. OWNED SCHEDULED AUTOS AUTOS 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL IHE'i'ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR PIPE OF INSURAINSR NCE INgp yyy POL)CY NUMBER M1DDfYYYY (MMlDO,YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH Ou.URRENCE $ 2,000,00 �CLAith MADE OCCUR X X SB0001793 1011112014 10M1i2015 pRE4AISEs Eam-vrrencet 3 1,tl00,000 X Cant LlatS/$@V of int MED EXP {Myope persenj $ 10,000 X No Co. Owned Autos PERSONAL A ADV INJURY $ 2,000,0040 GFNI AG6RtE(EATC L. IM IT APPLIES PER GENERALAGGREGATE $ 4,000,00 _ POLICY [�] P(RC- E LOC PRODUCTS- COMPJOPAGG $ 4,000,000 OTHER: Deductible $ 0 ALFrOMOBILE LIABILITY ("acoldonry L IM IT $ 2,000,000 AAnnAJ1O PSB0001793 10111/2014 10/11/2015 BODILY INJURY(Per Parson) $ ALI. OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Pe1n1Id U) 3 ........... X X NUTO5 E0 Pea $ HIREDAU'1'OS _ rlenl�MAGE $ X' UMSRCLLAI.IAB X I OCCUR. EACH OCCURRENCE $ 2,000,000 A ExCE@s CAB UCAINV-MA ESE0 101694 10111!2014 1011112015 ASGRESATE $ 2,000,00 B. . ....J� Ddq ...LCI LNTIDN$ WORKERSCOMPENSATION N X STATUTE ER A ANDEMPLOORSTICIABILITY ANY PROPRIETOWPARTNEWEXECUTiVE YIN X PSWO001614 10111!2014 10/11/2015 EL.EACHACCIDENT $ 1,000,00 OFFICERIMEMBFR EXCLU UED4 (Mandatary In NH) EL. DISEASE- EA EMPLOYEE$ 1,000,000 ITyea da9CYd0 Uptlal' DESCPIPTIt7N OF OPERATIONS below____ E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Prof Liab/Clms Made DPL376714 10!1112014 1011112015 Per Claim 2,000,000 B Ded.: $15k Elms Made DPL376714 10!1112094 10/1112015 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be aftached if mare.,Pace Is Mquimd) Re: Fairview Ave Bridge at Santa Ana River City of Santa Ana, its officers, agents, volunteers and employees are Additional Insured's with respect to General Liability per the attached endorsement as Squired by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation, 0 Days Notice of Cancellation with 10 Days Notice for Nan -Payment of Premium in accordance with the policy provisions, Lo -703 City of Santa Ana Attn: Mindy Ly 20 Civic Center Plaza Ross Annex (M-36) 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/ reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD Named Insured: WKE, Inc. RLI Insurance Company Policy Number: PS80001793 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused in whole or in part by you or those acting, on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. 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 policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of insurance. 3. The following is added to SECTION III H.2. Other Insurance COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named Insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement, or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury', 'property damage" or personal and advertising injury' arising out of "your work" performed by you, or on your behalf, Under a contract or agreement with that person or organization We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or' property damage" occurs, or the personal and advertising injuryoffense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED: PPB 304 0610 Page 1 of 1 Named Insured: WKE, Inc. Policy Number: PSW0001614 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right againstthe person or organization namedin the Schedule (This agreement applies only to the extent that you perform work.. under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of :your employees while engaged in the work described in the Schodule. The additional premium for this endorsement shall be, °lo of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or organization Job Description:. All persons or organizations that are party to a contract that Jobs performed for an person or organization requires you to obtain this agreement, provided you that you have agreed with in a written contract executed the contract before the loss to provide this agreement WKEINCG-01 ROSEM '`;� CERTIFICATE OF LIABILITY INSURANCE DA11121200114 THIS CERTIFICATE IS ISSUED AS. A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER License # OE67768 IDA Insurance Services -SID, 4350 La Jolla Vtit�qa Drive, Suite 900 San Otago, Ca 92122 NANTACT ME: All Smith PHONE 619 874-6220 Alc N Ea4L ( tac. No7: (619)574-6288 AODRc�s Alt Smlthioausa.00m INISURER(S) AFFORDING COVERAGE.............— NAIC* INsuRERA:RLI Insurance Company 13056 INSURED WKE, Inc. 400 N. Tustin Ave., #275 Santa Ana CA 92705 � INsuRERB:Atlantic Specialty Insurance Company 27154 INSURERC: INSURER D: _.......�..__....,.....,. _ INSURERE: INSURER F : ...._�..-. _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECTTOWHICH 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. LTR TYPE OF INSURANCE pyg POLICY NUMBER MND(YYY M@DlYYYY LIMITS A -X- COMMERCIAL GENERALLKWLITY EACH OCCURRENCE $ 7,000,000 CLA S^KADE 1�1 OCCUR X X PSBQOO1793 10111/2014 1011112015 PREMISES Ea omVrzarxe '$ 1000, MED EXP (Any one pareon) $ 10,00 X Cont LlablSevofint X I No Co, Owned Autos PERSONAL &ADV INJURY $ 2,000,0001 GEN'L AGGRE�Gy�AT"E LIM IT APPLI ES PE R'. GENERAL AGGREGATE $ 4,000,00 POLICYU""pT L00 PRODUCTS-COMP/OPAGG $ � 4,000,00 Deductible $ 0 OTHER: AUTOMOBILE LIABILITY Ea MBINED accident S1WG $ 2,000,000 BODILY IN.URY(Per person) $ A ANY AUTO X PSB0001793 10/11/2014 10/11/2015 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X HIREDAUTOG X AUTOS N-OMED 7MC5= MANAGE Peraccldent _. $ j( UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,00 0,D4 AGGREGATE $ 2,0001 A EXCESS LAS .CLAIMS-AAADE PSE0001604 10/1112014 10/1112015 OED RETENTION$ $ A WORKERSCOMPEN$ATION AND EMPLOYERS' IJABIUTY ANY PROPRIMORIPARTNER/EXECUTIVE YO OFFICERIMEMBER EXCW DE07 (Mandatoryln NH) N/A X PSW4001614 14/11/2414 14!11/2415 X I 6TATUTF FORTH— E.L.EACH ACCIDENT $ 1,000,ODO E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY UMP 7000,000 $ , If o under Dyes, IPTI NOFO DESCRIPTION OF OPERATIONS below B Prof Liab/Clms Made OPL370714 10/1112014 10/11/2015 Per Claim 2,000,000 B Dad.: $15k Citrus Made DPL376714 10/11/2014 10/11/2015 Aggregate 2,000,000 DESCRI PTIO N O F OPERATIONS I LOCATI ONS I VEHICLES (ACORD 101, Addllional Remarks Schedule, m ay be %method if more space l s required) Re: Fifth Street Bridge at Santa Ana River City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured°s with respect to Ganaralli fired & Non -Owned Auto Liability psi, the attached endorsement as required by written contract. Insurance is Primary and NortrContributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. D Days Notice of Cancellation with 10 Days Notice for Non-Paym dnt of Prernitun in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014/01) @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Ross Annex (M-36) `T•! Santa An CA 92701 ACORD 25 (2014/01) @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: WKE, Inc. RLI Insurance Company PolicyNumper: PSB0001793 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPacke FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION 11— LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage' or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c, In connection with "your work' and included within the 'product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. 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 policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION 11 LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis; or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury' for which coverage is sought arises out of an offense committed 'after you have entered into that contract or agreement. 4. The following is added to SECTION 111 K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION 11 — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for 'bodily injury", "property damage" or "personal and advertising injury" arising out of 'your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury or 'property damage" occurs, or the 'personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 30406 10 Page 1 of 1 Named Insured: WKE, Inc. Policy Number: PSW0001614 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 030& WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA the right recover our payments from anyone Ile is person or orcanization named in the Schedule. under a written contractthat'iequires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additionalpremium for s endorsement shall be ,% of the California workers' compensation premium otherwise due onsuch remuneration. Schedule Person or Organization Job Description. All persons or organizations that are party to a contract that Jobs performed for'an person or; organization requires you to obtain this agreement, provided you that you have agreed with in a written contract executed the contract before the toss to provide this agreement WKEINCO-01 LYN DATE (MM1DDlYYYY) CERTIFICATE OF LIABILITY INSURANCE �17/z016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED . REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or 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 License # OE67768 CONTACT Ali Smith NAME: IOA Insurance Services PHONE�FAX 4350 La Jolla Village Drive Arc, No, Eaq: 1619} 788-5795 50206 tAA/C, Ne); Suite 900 ADDRESS: AlLSmith@ioausa.corn - San Diego, CA 92122 - INSUREIR(SI AFFORDING COVERAGE _ T,NAIC # — INSURERA:RLI insurance Com canny 13056 _ INSURED INSURER B:Atlantic _Specialty Insurance Company _ 127154 WKE,Inc. ,INSURER C: _ 400 N. Tustin Ave., #275 I INSURER e: + Santa Ana, CA 92705 INSURER E: INSURER F COVERAGES CFRTIFICOTF hit IPARFR- --""' RGV10 14 IVlJ1Y101=1C: 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 ADDL.SUBRJ Y EFF POLICY EXP - LTR I TYPE OF INSURANCE SD POLICY POLICY NUMBER FOLIC MIC LIMITS' A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ , $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED X X PS80001793 10/11/2016 10!1112017 REMISES Ea occurrence $ 1,000,000 X Cont Liab/Sev of Int MED EXP (Any ane person) _ IS 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN`LAGGREGATELIMIT APPLIES PER, i I GENERAL AGGREGATE $ 4,000,000 POLICY X JECT _ I LOC I 4,000,000 OTHER: PRODUCTS - COMP/OPAGG $ Deductible $ 0 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 _ E eccide�} ANY AUTO —I PS80001793 10/11/2016 10111/2017 BODILY INJURY {Perperson) is � OWNED SCHEDULED I rAUTOS ONLY AUTOS BODILY INJURY (Per acciden) $ X AUR OS ONLYX AUTOS ON�� PROPERTY DAMAGE UT !Por accident) $ X Autos ' Owned $ A X UMBRELLA LIAB 1X OCCUR I I I EACH OCCURRENCE $ 2,000,000 EXCESS LIAB j CLAIMS-MADEi i PSE0001694 10/1112096110/1112017 AG 2,000000 I AGGREGATE $ DEC) RETENTION $ A ! WORKERS COMPENSATION( X i STATUTE ETH :AND EMPLOYERS' LIABILITY ANY PRQPRIETOR/PARTNER/EXECUTIVE YIN X ;PSW0001674 10/11/2016 10111/2017 1,000 O FICERRlMEMBER EXCLUDED? N / A E,L,._EACH ACCIDENT $ ,000 (tandatoryinNH) I El, DISEASE_ - EAEMPLOYEEI$ 1,000,000 Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,600,000 B Prof LiablClms Made IDPL586016 10/11/2016 10H 1!2017 [Per Claim 21000,000 B Ded.: $25k Clms Made DPL586016 10/11/2016 10/1112017 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 191, Additional Remarks Schedule, may be attached If more space Is required) Re: Fairview Ave Bridge at Santa Ana River City of Santa Ana, its officers, agents, volunteers and employees are Additional Insureds with respect to General Liability per the attached endorsement as required by written contract. Insurance is Primary and Non -Contributory, Waiver of Subrogation applies to General Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy pro isions, C R REVIEWED (PG P�. _ J ..___...._. __ .._REVIEWEDD BY: F :".,"� i.iNl�"Em I-iEi2LI�lA Ct CIF M'-URLJ La keu-le,vol © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks Of ACORD L..bf11 IL IY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Attn: Mindy Ly 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Ross Annex (M-36) Santa An CA 927 1 M'-URLJ La keu-le,vol © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks Of ACORD Named Insured: vVKE.Inc, Policy Number: PS80001793 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPacko FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modi5esinsurance provided under the fo|kow|�� BU@|NESSDWNERSCDVERAGER3RM'8ECT|ONU—L|AEVLITY 1. {. WHO |SANINSURED isamended 0oinclude ae anadditional insured any person ororganization that you agree in a contract or agreement requiring insurance kzinclude aoenadditional insured onthis pn|ioy, but only with respect to liability for "bodily injury", "property U or "personal and advertising injury^oauued in whole or in part by you orthose acting onyour behalf: a. |nthe performance ofyour ongoing operations, b. |nconnection with premises owned byor, rented myou: or o. /n connection with "your work" and included within the `pmduot-cnmpleted operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a This insurance does not apply onany basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement tothis policy. b. This insurance does not apply tothe rendering of o/ failure to render any "professional c This endorsement does not increase any of the Umita of insurance stated in D. Liability And Medical Expenses Limits ofInsurance. 3. The following iaadded to SECTION U| H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION U — LIABILITY) However. if you specifically agree in m contract o, agreement that the insurance provided to an PPB 304 02 12 additional insured under this policy must apply ona primary bosia, or a primary and non-contributory bomis, this insurance is primary to other insurance that is available to ouoh additional insured which covers such additional insured as named insured, and we will not share with that other insu/mnoe, provided that: o' The "bodily injury" or "property damage' for which oovenoger is sought occurs after you have entered into that contract or agreement: or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract oragreement. 4. The following is added to SECTION U| K. 2. Transfer ufRights qfRecovery Against Others tn Vs — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION || — LIABILITY) We waive any rights of recovery we may have against any person or organization beoausm of payments we make for "bodily injury''. ''property damage" or "personal and advertising injury''arising out of 'your work" pe/formed by you, or on your baha|f, under a contract or agreement with that person ororganization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into byyou before the "bodily injury^or"property damage" occurs, orthe "personal and advertising injury'offense iacommitted. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. REVIEWED BY: Page 1of1 Named Insured: WKE, Inc. Policy Number: PSWO001614 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss Schedule Job Description Jobs performed for an person or organization that you have agreed with in a written contract to provide this agreement ( REVIEWED D Eta' LUNY CE i-iLE"dEDIA (PG OF �) ) WKEINCO-01 GRAESSI '4�O�RL7 CERTIFICATE OF LIABILITY INSURANCE DAT ,2n/iD/YYYY) djniu 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 have ADDITIONAL INSURED provisions or 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 License # OE67768 CONTACT All Smith NAME• IOA Insurance ServicesPHONE FAX 4370 La Jolla Village Drive (A/c, No, Ext): (619) 788-579550206 (A/c, No):(619) 574-6288 Suite 600 E-MAIL Ali.Smith@loausa.com San Diego, CA 92122 ADDRESS: INSURED WKE, Inc. 400 N. Tustin Ave., #275 Santa Ana, CA 92705 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMRFR- 13056 27154 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 LTRTYPE OF INSURANCE ADDL SUBR _ POLICY NUMBER POLICY EFF r PMLIICY EXP, LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR X XPSB0001793 10/11/2017 10/11/2018 DAMAGE TO RENTED 1,000,000PREMISES aoccurrence) $ X Cont Liab/Sev of IrttMED EXP An one arson $ 10,000 X BFPD 2,000,000 PERSONAL_8 ADV INJ_Y UR..... I --- — -- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE___..._ $ 4,000,000 X J __- _ 4,000,000 POLICY JE LOC PRODUCTS - COMP/OP AGG 1 $ D@EJ11Ctltll@ 0 OTHER: A AUTOMOBILE LIABILITY O aBcde ISINGLE LIMIT $ 2,000,000 ANY AUTO PSB0001793 10/11/2017 10/11/2018'BODILYINJURY (Per person) $ OWNEDSCHEDULED j — --- - AUTOS ONLY AUTOS SSyy BODILY INJURY jParacddentL__--_ _ - X p AIR OS X AUTOS OPERTY AMAGE XNo ONLY ONtY Co. Owned Autos -- A XUMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS -MADE PSE0001694 10/11/2017 10/11/2018 AGGREGATE $ 2,000,000 DED X RETENTION $ 0 A AND EMPLO ERS' LIA IB LIIT! 0TH- -X PER A�� I ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y (_N 1 X PSWO001614 10/11/2017 10111/2018 1,000000 ;_E.L. EACM ACCIDENT___-_-_- $- r_ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) - NIA -- _ _ _ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below -_T-- --- - - - - ---- _ E.L. DISEASE - POLICY LIMIT ': 1,000,000 B Prof Liab/Clms Made DPL723217 10/11/2017 10/11/2018 Per Claim 2,000,000 B Ded.: $25k Clms Made DPL723217 10/11/2017 10/11/2018 :Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Fairview Ave Bridge at Santa Ana River, Agreement No. A-2014-248 and A-2017-262 City of Santa Ana, its officers, agents, volunteers and employees are Additional Insureds with respect to General Liability per the attached endorsement as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. REVIEWED BY: EUNICE HEREDIA (PG Q OFF City of Santa Ana Attn: Mindy Ly 20 Civic Center Plaza Ross Annex (M-36) 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 -T` 1Wsz- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: WKE, Inc. Policy Number: PSB0001793 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BLISINESSOWNERS COVERAGE FORM - SECTION I1— LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. 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 policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following Is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an PPB 304 02 12 additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of 'your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily inj ury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Page 1 of 1 REVIEWED BY: EUNICE HEREDIA (PG of ) Named Insured: WKE, Inc. Policy Number: PSW0001614 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for an person or organization requires you to obtain this agreement, provided you that you have agreed with in a written contract executed the contract before the loss to provide this agreement REVIEWED BY: EUNICE HEREDIA (PG OF )