Loading...
HomeMy WebLinkAboutWKE, INC. (3)-2017INSURANCE NOT ON FILE A-2017-262 WORK MAY NOT CLERK OF CONREEMENT TO PROVIDE ENGINEERING DESIGN SERVICES f DATE: T F2RVIEW STREET WIDENING AND BRIDGE REPLACEMENT 13 29 D�niA THI GREEMT is made and entered into this 3rd da of October, 2017 b and between 74x�l ''4� `t WKE, Inc., a California corporation ("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 ("City"). RECITALS A. On Juane 29, 2017, the City issued Request for Proposal No. 17-074, by which it sought consultants to provide engineering design services for the Fairview Street Widening and Bridge Replacement from San Street to 16th Street. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 1.7-074 and attached as Exhibit A to this Agreement. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as hallows: 1. SCOPE OF SERVICES Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $1,566,569. This amount is comprised of (1) the base sum of $1,424,154 and (2) a 10% contingency of $142,415 for services to be performed at the sole discretion of the City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, 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. City shall retain ten percent (10%) of the invoice amount fto1n each payment until the completed work has been accepted by City. Page 1 of 8 3. TERM This Agreement shall commence on the date first written above and continue for three 3 ey ars, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to one additional two (2) year period upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent consultant 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant 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 Page 3 of 8 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 defend, 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 death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subconsultants, agents, employees, or other persons acting on its 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 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, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. 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. 1.9. PROFESSIONAL LICENSES Consultant shall, throughout the tenn of this Agreement, maintain all necessary licenses, pen -nits, 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 mm-nediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and Page 6 of 8 exemptions. Said inability shall be cause for termination of this Agreement. 20. 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 terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Fred Mousavipour Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Consultant: WKE, Inc. 400 North Tustin Ave, Suite 275 Santa Ana, CA 92705 Attn: Dan Weddell Fax: 714-953-5408 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, Page 7 of 8 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 tax, 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. 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: SONIA R. CARVALHO City Attorney By: ✓/� _ John F rk Assistant City Attorney FOR APPROVAL: FRENfinve AVIPOUR Execector Public Works Agency CITY OF SANTA ANA CONSULTANT: Name: wa.dde 11 Title: V jcv 1 rej; ct .4 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR FAIRVIEW STREET DESIGN SERVICES FROM 9TH ST. TO 16TH ST. INCLUDING BRIDGE REPLACEMENT RFP NO. 17-074 GENERAL INTRODUCTION The City of Santa Ana is soliciting proposals from qualified firms to provide the following services, as necessary but not limited to: • Project Coordination • Record Research • Topographic Survey • Water Quality Requirements • Environmental Clearance Documents and Reports; Permit Compliance • Hydrology/Hydraulic Analyses and Modeling • Geotechnical studies/reports/boring • Prepare Highway Bridge Program (HBP) E-76 Application for Construction • Street and Bridge Design • Traffic Signage and Striping • Landscaping and Irrigation • Final Plans, Specifications, and Estimates (PS&E) • Bid and Construction Support INTRODUCTION / PROJECT DESCRIPTION The City of Santa Ana (City) desires to enter into an Agreement with a qualified professional engineering consulting firm for the preparation of environmental documents design of street widening, bridge replacement, and environmental documents and regulatory permits for Fairview Street Bridge crossing over Santa Ana River. This contract will also include providing limited field observation and construction support. Within the City, Fairview Street is classified as a north -south Major Arterial per the City's General Plan Circulation Element (GPCE) and the County of Orange's Master Plan of Arterial Highway (MPAH). The City is proposing to widen Fairview Street between 9th Street and 16Th Street from a four -lane roadway to a 6 -lane arterial to provide adequate vehicular capacity within the City's northern limits. A segment of the project limit includes a bridge replacement. The Fairview Bridge is funded through the HBP for bridge replacement. Currently, Fairview Bridge is striped with two lanes in each direction with no curb or sidewalk. Therefore, bridge replacement is necessary to accommodate 3 lanes in each direction and to provide a complete bridge deck with barrier rail, sidewalk, raised median, and lighting for a total bridge width of 100' wide. See Attachment 5 for Bridge inspection report, Major Structure Data, and Project alignment limit. City of Santa Ana RFP 17-074 Page Al -1 CONSULTANT SERVICES A. PROJECT COORDINATION. The Consultant shall be fully responsible for the overall management and coordination for the project, which may include, but is not limited to project development team meetings, liaison with affected agencies, and utility companies. Prepare progress report and schedule, securing permits for all field studies and any other required permits from other agencies. B. RECORDS RESEARCH. Research all information pertinent to the project including, but not limited to existing field condition, as -built plans and record drawings, right-of-way data and all future improvement plans adjacent to or affecting the project site. The selected Consultant shall identify all existing and proposed facilities within the projects limits and potential conflicts. C. SURVEY. On -the -ground field topographical survey work is required for the Consultant to identify existing facilities (median islands, curb & gutter, sidewalk, right of way, water, sewer, parkway facilities, BC and EC of all curb returns, decorative lamps and streetlight poles, underground facilities, all utility manholes and pull boxes, points of connection for electrical and water sources, etc. The topographical survey shall also provide centerline cross sections at 100 -foot intervals as well as adjoining streets, grade breaks, survey monuments, vertical control (half -foot contour intervals) and joint elevations at the existing and proposed right of way lines, and at the westerly and easterly end of the project. D. WATER QUALITY. The Consultant shall coordinate with the City for the Low Impact Development (LID) requirements on the project and to prepare a Water Quality Management Plan (WQMP) for the project. The selection of Best Management Practices (BMPs) will always be subject to site specific conditions and the Consultant will be required to perform the research into the site speci.6c conditions (e.g. prior contamination, depth to groundwater, soil conditions, interfering utilities, etc.) that could preclude infiltration. The Consultant shall also perform the required soils and/or infiltration testing per the Technical Guidance Documents, as necessary to design the infiltration system assuming it is the selected LID approach. Please find information and links to relevant documents and regulations at the following site: http://ocwatersheds.com/documents/wqmp. E. ENVIRONMENTAL. The Consultant shall be responsible for preparing the necessary environmental documents to comply with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Additionally, other permit compliance shall include, but not limited to Army Corps of Engineers 404 permit application, California Department of Fish and Wildlife (CDFG) 1601 application, NPDES permit, and Regional Board Section 401 certification. City of Santa Ana RFP 17-074 Page Al -2 F. PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) 1. Development of Detail Plans, Specifications and Estimate (PS&E): a) Design of the bridge shall include a process for architectural treatments that will include developing some form of aesthetic development procedure for the barrier railings and lights. b) Constructability issues of the work shall be evaluated and addressed. Some issues to address may include access to the site for heavy equipment, construction phasing and sequential demolition of bridge railing (no work shall be performed within the river bottom during the rainy season), vehicular and bicycle traffic detouring issues or concerns, potential impacts false -work may have on the Santa Ana River in storm flows during construction, and protective measurement to prevent any day/night camping under the bridge. c) All reports, plans, specifications and quantity calculations shall conform to criteria, policies, procedures and standards of Caltrans and the City, and shall be made available to the City at stages specified in the milestone schedule and upon request. Consultant shall submit backup calculations for the project quantities. d) The bridge plans shall include at a minimum a general plan, structure demolition plans, and bridge details plans and sections. The plans shall also include utility relocation plans, barrier rails with architectural details, electrical lighting, landscaping/irrigation, and civil design, including sidewalk, approach, and County of Orange access roadway/bike trail where necessary. e) The street widening plans shall include a minimurn of a general street improvement plan layout, profile, disposition, landscaping and irrigation, typical section, and construction details. The plans shall show existing utilities and shall include at a minimum traffic signing, striping and pavement marking for the entire project limit. f) Each plan sheet shall bear the State of California Registered Professional Engineer registration seal within signatures, license number and registration certificate expiration date of the Engineer who is in responsible charge for developing the plan. Each plan sheet shall be signed by the engineer who performed the independent plan check. g) The calculations for both the design and the independent design check shall be submitted as part of the PS&E submittal requirements. The respective calculations shall bear the State of California Registered Professional Engineer registration seal with the signature, license number and registration certificate expiration date of the design engineer and independent check engineer. h) Consultant shall prepare complete contract specifications based on City of Santa Ana Special Provision, and the Standard Specifications for Public Works Construction (Greenbook). Structure construction shall follow the Caltrans Standard Specification. Consultant shall use the latest Caltrans Standard Specification. City of Santa Ana RFP 17-074 Page Al -3 i) A list of contract pay items with the descriptions, item codes and estimated quantities shall be included in the front of the special provisions. j) The Consultant shall prepare quantity calculations for items that are applicable to this project, and prepare cost estimates. k) Quantities for all contract pay items shall be substantiated by calculations. Quantity calculations shall be neat and orderly and shall show all sketches, diagrams, and dimensions necessary to allow them to be independently used by field inspectors during construction. All quantity calculations shall be independently checked and substantiated with independent calculations. 1) Electronic files for all CADD, reports, and calculations shall be submitted at the end of the contract or when requested by the City. in) All electronic software developed, databases generated, spreadsheets and intellectual properties developed during the life of the Agreement shall become the properties of the City. 2. Utility Coordination a) Prepare utility conflict plans and notices/questionnaires to be sent to utility companies, and coordinate to resolve the conflict. b) Pothole information, where required, shall be coordinated by the Consultant. 3. Construction plans: a) 60% PS&E (Unchecked Details) 1) Unchecked plan details shall consist of 60% design and detailed plans ready for the independent design check. 2) Three sets (3) full size (24"06") of design plans. The following submittals may be submitted electronically: draft SSP, preliminary quantities and estimates, pay item list, design calculations, and draft Foundation Reports. b) 90% PS&E (Checked Details) 1) The Consultant shall submit the following documents for review and approval: Three sets (3) full size (24"x36") signed and sealed prints of checked design Electronic copies of Special Provisions One (1) copy of edited Structure Special Provisions on a computer disk Electronic copies of cost estimate and check quantity calculations Electronic copies of design calculations Electronic copies of design check calculations Electronic copies of final Foundation Report Other reports as needed by the City of Santa Ana City of Santa Ana RFP 17-074 Page Al -4 2) Independent Structural Check, Bridge: Prepare and furnish to CITY two copies of the independent check performed for the bridge using standard three ring binders. All bridge independent calculations shall be checked/confirmed, signed, and stamped by a Registered Civil Engineer(s) and/or Registered Structural Engineer(s) who is duly licensed by the State of California. and not involved with the original design. The independent checker shall reanalyze the structure and complete the following: a) Review relevant background and supporting information; b) Verify member capacities; c) Review plans for completeness and consistency with the design; d) Resolve design issues with the designer - final design will reflect Agreement between the designer and checker; e) Check the corrected plans for conformance with prior comments; f) Review the PROJECT special provisions to ensure all bridge items, and associated items of work are adequately addressed, and g) Prepare independent Quantity calculations. c) 100% PS&E 1) The Consultant shall submit the following documents for review and approval: Four sets (4) full size (24"x36") signed and sealed prints of checked design Electronic copies of Special Provisions One (1) copy of edited Structure Special Provisions on a computer disk Electronic copies of cost estimate and check quantity calculations Electronic copies of design calculations Electronic copies of design check calculations Electronic copies of final Foundation Report Other reports as needed by the City of Santa Ana 2) The City will review and comment on the PS&E package as soon as possible. The turnaround goal is within four (4) weeks of receipt of the complete PS&E package. One (1) copy of those documents with comments will be returned to the Consultant. d) FinalPS&E The Consultant shall submit the following documents for review and approval: Electronic sets of signed final design plans Electronic copies of signed final specifications Electronic copies of final cost estimate and final quantity calculations Electronic copies of final design calculations Electronic copies of final design check calculations Electronic files in its original format and in PDF of all plans, specifications, and estimates City of Santa Ana RFP 17-074 Page Al -5 4. Construction Bidding Phase: Bidding procedures will be the responsibility of the City. While the PS&E construction package is being advertised for bids, all questions concerning the intent shall be referred to the City for resolution. In the event that any items requiring interpretation in the drawings or specifications are discovered during the bidding period, said items shall be analyzed by the Consultant for decision by the City, or by a covering change order after the award of the construction contract. 5. Construction Support Phase: a) All construction support work shall be coordinated with the City. b) Consultant shall furnish, at the consultant's sole cost and expense, all necessary drawings for corrections and change orders required by errors and omissions of the Consultant. The original tracing(s) of the drawings and contract wording for the change orders shall be submitted to the city for duplication and distribution. c) Consultant will receive written notification of the award of a construction contract. Upon such notification, Consultant will proceed with the services required by the Agreement. d) Consultant is required to attend the pre -construction meeting with the successful construction contractor upon notification by the City. e) Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. I) Consultant shall be available as requested by the City to resolve discrepancies in the contract documents. Consultant shall bring to the attention of the City any defects or deficiencies in the work by the construction contractor which the Consultant may observe. Consultant shall have no authority to issue instruction on behalf of the City, or to deputize another to do so. g) The Consultant shall prepare and deliver to the City the final as -built plans incorporating field marked prints supplied by the City. Upon completion of construction, the City will submit field -marked prints to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations and submit to the City. G. REPORTS. The Consultant shall prepare hydrology, hydraulic, and geotechnical studies/report/analysis/models as necessary for the bridge replacement. H. MISCELLANEOUS. HBP E-76 APPLICATION. The Consultant shall prepare e-76 application for construction authorization approximately 6 -months prior to project advertisement. City of Santa Ana RFP 17-074 Page Al -6 GENERAL REQUIREMENTS A. All work shall be performed in conformance with the State of California policies, procedures and standards. B. The Consultant has total responsibility for the accuracy and completeness of the plans and related designs, specifications and estimates prepared and shall check all such materials accordingly. The plans will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the city do NOT include detailed review or checking of design or the accuracy with which such designs are depicted on the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. C. Consultant or its subconsultants shall not incorporate in the design any materials or equipment of single or sole source origin without written approval of the City. D. The plans, specifications, estimates, calculations, and other documents furnished under the Agreement shall be of a quality acceptable to the City and State. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, dated, and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that of similar types produced by the State and set forth in related Caltrans manuals. The Consultant shall modify its work as necessary to meet the level of acceptability defined by the criteria above. E. The Consultant shall have a quality control plan in effect during the entire time work is being performed under the Agreement. The Quality control plan shall establish a process whereby plans are independently checked, corrected and back checked, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. F. Manuals/Standards Where applicable, engineering design of all PROJECT improvements shall be compatible and in accordance with the following: (1) Caltrans Bridge Design Manual (2) Caltrans Highway Design Manual (3) Caltrans Standard Plans (44) Caltrans Standard Specifications (5) Standard Special Provisions for Public Works Construction (6) City of Santa Ana Standard Plans It will be the responsibility of the Consultant to verify that it has received the latest version or update of these documents. G. Bridge improvement plans shall be prepared in accordance with Caltrans recommended practice for detailing and this scope of work. Caltrans Standard plans shall be utilized where applicable and may be called out on the plans as reference. Street improvement plans shall adhere to City of Santa Ana Standard Plans and the Standard Special Provisions for Public Works Construction. Plans shall be computer drafted on Microstation and shall adhere to the current City of Santa Ana Public Works Agency Interagency CAD standards. City of Santa Ana RFP 17-074 Page Al -7 H. The Consultant's work will be subject to inspections by representatives of the City, County, State and FHWA. I. Project progress 1. Meetings - Progress Review Meetings shall be held at intervals deemed appropriate by the City (monthly). At or before each of these meetings, the Consultant shall furnish two (2) copies of all completed or partially completed, plans, specifications and estimates which have been developed or altered since the last Progress Review Meeting. 2. Progress Reporting - Progress Reports shall be submitted at monthly intervals, indicating progress achieved during the reporting period in relation to the progress scheduled. The Consultant shall provide the City with two (2) copies of the Progress Report at least four (4) working days before the Monthly Progress Meeting. 3. Project Schedule -The Consultant shall prepare the project schedule in Microsoft Project format utilizing the Caltrans Work Breakdown Structure (WBS). The project schedule shall be updated on a regular basis and distributed at the meetings. The project schedule should break the tasks and subtasks into WBS Level 7 details. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. CONSULTANT RESPONSIBILITIES: Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant shall be subject to an audit or review by Caltrans' Audits and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Certification Contract Costs and Financial, in the Appendix of this RFP as Attachment 4. City of Santa Ana RFP 17-074 Page Al -8 EXHIBIT B COMPENSATION Fee Proposal including hourly rates fi i 5 rc 5'E A - aah avEU v6a Ev 'c 5��i a�3H�Ntt 3UvaK Tc�v � E nGo`"gv$Eu 3E y� �UaLL2� cU�QZZnNU R mp ,�= pFwP mffi"-"-_ mF' �g�R^_� R��GPAm�R mgt d'm SC&flpgg'g�a��R 9. R'g �xm omo 0000°oo ae' °oe °ao°000000 0000- .171. .1. �o io aooe F oeo 0000000..00:00000e ovovepvoa 'o oo�o 000000000H'o ep e., ga mo`0000 eo 0 Flo °W� pe pa � o) o oho S ego gm 6Bno 00 o000�6 iB� �F `m ogG��2�'m get „ga rygo ege �Sme bb"B ��' og j j ij HK 2 N% � m- NNN N^ry N�ryNNNNNN^�N -rv"Iry ANN^NNNN^' ^� R 9 t IL 6 d E m u m c d rn a w c rom N N �' Q a U_ N 7 i h � � a aYs°z x3R�a w w°�� 4 N d 6 d a Q 3 v 2 .� LL C d E a u m n a fL a rn a w 'c eb m y , n a Q m > 2 m�LL�a$ _ , C Q Q N v ,� = N �Qy N a a 0 v d' 3 v p LL C a E a v m n a R' a m a w — a x7 ¢t u W Q m m > �, t c K Q ILL 2 � C � Z L a W � ❑ � y W Q � a a 0 a 4 3 a LL gg§g, Too \ § < ( -- # . <� it ----- 88S S."88 88 $SS88 S M �MNefh o8O a$a$ 0o8$588888 ------- SIAM 0p88888 �.W �eOiiMW�Oii��MM poo$$888' ryN K 0 I: O 00 0 0 0 0 .... ------------- 0 0 0 0 i — - o w 5 3 u� 0` oma, w wr N M q ! 1;..... z 7! >r;;m; 9 G, G, <, „ l•,al; !, g -( -- - -- - - - - - - \ \ / \ ,I» \ \�\ \ - \ < ))21 - :\.e e R G b§ ®' g 9 Ali 4 :! �} \} \ S' BSSSSS SBS MSSS i 0 0 o o 0 0 i �! fi Lb wm a"zi vo sao s_ m a—`�=�eov ela LLi"� WKE Inc. EXHIBIT A-9 PAED and Final PS&E Fairview Ave over Santa Ana River - Bridge Replacement SANTA ANA OTHER DIRECT COST SCHEDULE TRAVEL Average Trips Miles/Trip Total Miles Cost/Mile Total Cost Santa Ana - Caltrans 2 20 40 $0.535 $21.40 Santa Ana - Santa Ana 20 10 200 $0.535 $107.00 Printings 11 x 17 1380 1656 3,036 $0.8 Subtotal 1 $128.40 PLOTSIREPRODUCTION/PHOTOS/COMERCIAL PRINTING Deliveries Check Prints Submittals Total Plots Cost/Sheet Total Cost Printings 11 x 17 1380 1656 3,036 $0.8 $2,429 22x34 0 92 92 $2.5 $230 8-1.2 x 11 0 4800 4,800 $0.08 $384 Subtotal 3,042.80 OVERNIGHT MAIL Deliveries Average Cost/unit Overnight Mails 20 $25.0 $500 Same Day Delivery Services 5 $65.0 $325 Subtotal 1 $825 EXHIBIT C CERTIFICATIONS C-1 through C-3 Appendix ATTACHMENT 3-1c NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of tprpn Subscribed and sworn to before me. A1 otary Public Signature (or affirmed) before me on this &' day of Tv 20 Z by proved to me on the basis of satisfactory evidence to be the petxon s) who appeared w OFFICIAL SEAL rALSEAL ERIC MICHAEL KOO NOTARY PUBLIC-CALIFORMA41 COMM. NO. 2G51018 ORANGE COUNTY m MYCOMM,EXP.OEC.8,2097 wwruw Notary Public Seal City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Finn \N I— T, I h C/ - Signed andPrintedName:..,, Title V Date JALt 7 City of Santa Ana RFP Page A3-2 D01h W&AB Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pen -nit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965,.and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: :1-%" (i-)0/ '-' Title: V Q Ge p CS1 awt/ Firm: WV-"( I IN L. Date: City of Santa Ana RFP Page A3-4 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 ) WKEINCO-01 AUSTINA .I tlC"R®" `,,,_,.,- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 10/3/2018 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 IOA Insurance Services 4370 La Jolla Village Drive Suite 600 CONTACT All Smith PHONE FAX (AIC, Ne, Ext): (619) 788-5795 50206 Arc, No:(619) 574-6288 AIL ADDRESS: Ali.Smith@ioausa.com San Diego, CA 92122 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: RLI Insurance Coinpany 13056 INSURED INSURER B: Lexington Insurance Company 19437 INSURER C: 10/1112018 WKE, Inc. INSURER D: NSURERE; [,,INSURER X Cont Liab/Sev of Int 400 N. Tustin Ave., #275 Santa Ana, CA 92705 F : — -- - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - - INSR LTRTYPE -- - - - OF INSURANCE ADDL SUBR- ---- - POLICY NUMBER POLICY EPF PO IGY EXp — - - " (MMI olyyyy):LIMITS - - -- --- A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000, 00 CLAIMS -MADE rrX OCCUR l_. X X PSB0001783 10/1112018 DAMAGE Tq RENTED 1,000 O 10/11/2019 PREMI$$.S (Ea.:scc�rxen�a)_._,. $ 00 X Cont Liab/Sev of Int MED EXP (Any one person)_ $ 10,000 X BFPD PERSONAL &_ADV INJURY $ 2,000,000 ------ ___ ____ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL 0 AGGREGATE 4,000,000 PRO- ._�$- 4,000,000 POLICY JECT LOC HA PRODUCTS • COMP/OP AG G _$ - - OTHER; ;Decluctibie $ 0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 '000 000 LEa..accidant� ----$ - - ----- -- ANY AUTO PSB0001793 110/11/2018 10/11/2019 BODIIY_INJURY(Perperson$.-..._-._-__.___,_-_ OWNED SCHEDULED ..............._, 1XX AUTOS ONLY /``Up7N0oSyy INJUpRY.(Per p AUTOS ONLY AUTOS ONY p130DILY - --- (Fera cident)._AMAGEAutos' Owned A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE --$ 5,000,000 EXCESS LIAB CLAIMS -MADE PSE0001694 10/11/2018 10111/2019 5,000,000 AGGREGATE-----...------'-_$----_....__-..__._-.—..------------- DED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X P R OTH- . -$ ATUTE.-� LER_ - Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE X PSW0001614 10111/2018 10/11/2019 00 E L._EACM ACCIDENT $ 1,000,000 O FICE M MBE EXCLUDEb7 I pp E (Manda Ory In NH) NIA -_._ _ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ — -r- — - --"- . E,L. DISEASE -POLICY LIMIT 1 $_ 1,000,000 B Prof Liab/Clms Made 035713747 07/06/2018 07/06/2019 'Per Claim 5,000,000 B Ded.: $25K Per Claim 035713747 j 07/0612018 i i 07/06!2019 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / 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 provi ions. REVIEWED B3 EUNICE HEREDIA (PG 1 OF ) City of Santa Ana Attn: Mindy Ly 20 Civic Center Plaza Ross Annex (M-361 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 -S-REPRESENTATIVE _T_ AIS , 146W&a 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, RIJ Insurance Company Policy Number: PSB0001793 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPacko FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINE'SSOWNEPS 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: % 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", a. 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 noncontributory 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 injury" offense is committed, ALL OTHER. TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PP8 304 02 12 Page 1 of 1 REVIEWED M __ EUNICE HERFDII (s> o ) Named Insured: WKE, Inc. Policy Number: PSW0001614 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-94) 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 REV1iW:E BY`. M _.... EUNICE HEREDIA (PG OF E