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HomeMy WebLinkAboutNILA SPORTS000TCr City of Santa /` is t Clerk of the Cou—il Office Use only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all i amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements City of Santa Ana have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes _ No o 2 2621 Return form to the Clerk of the Council Office (M-30). ClerW, of the Council Call 647-1520 if you have any questions. The agreement with A-2019-180 No. _ was completed on 91301ox and final payment has been made. (l an amendments. Use space below if needed.) Department: pRt"E'-A J Aq�m,l yk " Phone/Ext.: E;Ds Signature: s� 6 t (y> 2 6"M) Date:-7bA;xl Revised: I C-1 & 16 INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL, A-2019-180 DATE: 0` 1 1 1 Z JEROME PARK o�_�RcSAb> THIS AGREEMENT is made and entered into this 1 st day of October, 2019 by and between Nila, Inc, a California Corporation dba Nila Sports, (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City issued a Request for Proposals ("RFP") (RFP No. 19-056) and Addendums 1-3 for furnishing labor and materials to retrofit the lighting at City's Jerome Park by installing LED lighting ("the project"). B. On July 1, 2019, Contractor submitted a proposal, which thereafter ranked the highest in the evaluation process. C. The parties acknowledge that the funding for the project is On Bill Financing ("OBF") proceeds and incentives from Southern California Edison ("Edison"). Edison has approved the project for OBF proceeds. D. The City desires to retain a Contractor having special skill and knowledge in the field of retrofitting lighting fixtures through the installation of LED lighting at City's Jerome Park. E. Contractor represents that Contractor is able and willing to provide such services to the City. F. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall furnish labor and materials to retrofit the lighting at City's Jerome Park in the City of Santa Ana by installing LED lighting as set forth in the General Scope of Services and Requirements of RFP No. 19-056 attached hereto as Exhibit A, all corresponding Addendums issued for the RFP, and Contractor's proposal submitted July 1, 2019, in response to RFP No. 19-056 incorporated by reference as if completely set forth in full in this Agreement. No additions or change in scope for purposes of utilizing the contingency compensation will be made without the written approval of the Executive Director of Parks, Recreation, and Community Services Agency. Contractor will be responsible for any costs incurred outside of the scope of services without written approval. #95440 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $140,983.10, which includes $122,594.00 plus a 15% contingency of $18,389.10 to be used at the City's sole discretion during the term of this Agreement. b. Contractor acknowledges that this project is funded by cash incentives and OBF proceeds from Edison. City will not pay invoices from Contractor until after Contractor receives all Edison allocated OBF proceeds and incentives for the project. Once the project work is completed, City will enter into an On Bill Financing Agreement with Edison and Edison will pay Contractor directly. City makes no guarantees on the timeline for Edison's OBF process. c. City retained an energy consultant, the Energy Network, to assist with this project. Attached hereto as Exhibit "C" is the Energy Network's OBF calculations for the project. d. In the event that the OBF proceeds and/or Edison cash incentives do not cover the compensation set forth in Section 2a of this Agreement, City will pay the remainder due to Contractor not to exceed the total Agreement compensation agreed upon in Section 2a of this Agreement. Certified Payroll Reports are required at project completion and final payment will not be processed until the Certified Payroll Reports are submitted on the forms approved by the California Department of Industrial Relations. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2020, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical #9544v3 drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor 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 Contractor'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. Contractor shall supply City with a fully executed additional insured endorsement on a form approved 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 3700 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (1) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. #9544v3 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (Ili) 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. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of Insurance by the City. 7. FINGERPRINTS AND BACKGROUND CHECK Contractor, and any employees, subcontractors or substitutes, shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City's Human Resources Department process. Contractor shall be responsible for all charges associated with fingerprinting. Contractor shall not perform any services pursuant to this Agreement until clearance is received and Contractor is notified by the City's Parks, Recreation and Community Services Department. 8. PREVAILING WAGE Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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. 9. COMMUNITY WORKFORCE AGREEMENT On August 15, 2017, the Santa Ana City Council approved a Community Workforce Agreement ("CWA") with the Los Angeles/Orange Counties Building and Construction Trade Council and the Signatory Craft Councils and Unions. The provisions of the agreement would apply to all construction and major rehabilitation work pursuant to "Prime Multi -Trade" construction contracts that exceed $250,000 and all subcontracts from these prime multi -trade contracts. The agreement also applies to all "Prime Specialty" contracts (single trade contracts) that exceed $100,000 and all subcontracts from these prime specialty contracts. Specialty contracts are contracts for project work with a specialty contractor which is either limited to a particular single trade or craft or limited to a singular scope of work. #95440 Contractors working on projects over the above thresholds must, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established and authorized by the Unions who are signatory to the agreement. This is commonly referred to a Union hiring hall. Contractors retain the right to reject any applicant referred to them through the job referral system, determine competency of all employees, to determine the number of employees required, and the duties of such employees. If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within 48 hours, the Contractor may employ applicants meeting such classifications from any other available source. Contractor will work with the City's Labor Compliance Contractor to ensure compliance with the CWA. 10. INDEMNIFICATION Contractor 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 death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor 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 Contractor 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 Contractor'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 Contractor. This Section will survive termination and completion of the Agreement. 11. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. This Section will survive termination and completion of the Agreement. #95440 12. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. This Section will survive termination and completion of the Agreement. 13. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 14. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 15. 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 #95440 With courtesy copies to: Executive Director of Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax 714-571-4221 And City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Mr. Jim Sanfilippo, President Nila, Inc. 723 West Woodbury Road Altadena, California 91001 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 16. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. #9544v3 17. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without 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 Contractors retained by City. 18. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed, as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes, as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 19. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, 20. 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. 21. PROFESSIONAL LICENSES Contractor 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this #95440 Agreement. 22. MISCELLANEOUS PROVISIONS 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 City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 44` O i DAISY GOMEZ Clerk of the Council APPROVED AS TO •:u SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED fx6cutive Director Parks. Recreation and Community Services Agency #95440 CITY OF SANTA ANA KRI TINE RIDGE -lice City Manager CONTRACTOR Nila, Inc. Jim Sanfilippo President EXHIBIT A SCOPE OF SERVICES #95440 Lighting Contractor r • e o or City of «. Jerome ,. .► ark The Energy Network Project ID: Provided by: TRC Energy Services Scope of Work Developed by: John Rossi , P Sergio Corona 12-2 A Project Supported by The Energy Network The Energy Network, administered by Los Angeles County, was authorized by the California Public Utilities Commission to help eligible public agencies in Southern California harness their collective action, save energy, reduce operating costs and protect precious resources. To expand public agency participation in utility energy efficiency programs, The Energy Network is offering a range of free energy efficiency services to assist public agencies with accelerating energy retrofits. The lighting retrofit of the City of Santa Ana —,Jerome Park is being supported by The Energy Network. The services provided as Construction Management Support are defined on a separate documented titled Roles and Responsibilities Matrix. Please refer to this document to better understand the relationship and role of The Energy Network Project Manager and assigned Energy Consultant. Participation of The Energy Network is entirely at the discretion of the City of Santa Ana and The Energy Network may modify or terminate Its services based on funding availability. As technical consultants TRC Energy Services remains product and vendor neutral. The products presented in this document represent examples of the possible products that could be used for the project. The products were chosen based on their technological feasibility, efficiency and impact on the project economics. `WI The Energy Network Summary of Scope of Work 1.1 Background The City of Santa Ana is pursuing a number of lighting retrofits at several of their facilities. This document focuses on the proposed lighting fixture and controls scope of work for the Jerome Park's exterior lighting. Jerome Park a city owned and operated public park. The park consists of baseball and softball fields, basketball courts, a community center, and a public pool. Additional supporting documentation including an area by area breakdown of lighting equipment can be found in the following appendices: • Appendix A: Lighting Inventory 1.2 General Requirements The following should be clearly stated in and/or provided with all bids: a) Contractor shall provide copies of a valid California C-10 Electrical license at a minimum. b) Prevailing wage labor costs to be used for project implementation. c) All scheduling of work shall be done through the City's project contact. d) All work performed shall meet or exceed any applicable electrical code requirements. e) Any existing electrical code violations relevant to systems being retrofitted shall be brought to the attention of the City once discovered. f) Clean-up, removal of old equipment, and/or recycling fees are to be included. g) Contractor must meet appropriate insurance and bond requirements outlined by the City. h) Any other cost of business fees/expenses associated with performing City work are to be included in the bid. i) Provide factory start up and training (if necessary) to ensure proper functionality of new lighting equipment and controls. j) All work shall be warranted against defects in material and workmanship for a period of one year from the date of acceptance. Any applicable warranty information beyond this should be stated and provided upfront. k) The contractor is required to provide a detailed and Itemized invoice that clearly states the quantity of each fixture installed. Additionally, the invoice shall show a breakdown of material, labor, tax, shipping, and any other applicable project costs. I) It is the Contractor's responsibility to submit a final version of the Lighting Audit Table, Attachment A in parallel with the submittal of the Cost Proposal. Any revisions required to the Scope of Work must be clearly indicated in the final Lighting Audit Table and reflected in the Cost Proposal. The final Lighting Audit Table serves to inform the Agency. i*nerg n tlhiork 12-4 pub x agemws takmr edion to save energy The Energy Network m) As needed, Contractor is responsible for finalizing and revising fixture model numbers. For example, if the specified LED driver is not compatible with the on -site electrical service, the contractor is responsible for updating the model number and specifying the proper driver. Any fixture model updates need to be approved by City, prior to equipment order. n) Contractor will be compensated for work performed and fixtures installed. Any increase on the Base Price due to larger inventory will require written approval by the Agency and will follow procedures set forth for change orders. Any decrease on Base Price due to smaller inventory will result in a lower Base Price to the Contractor. o) The Contractor shall conduct all work during the time window established after the contract is awarded. p) The Contractor shall comply with safety requirements and practices as outlined in accordance with Agency requirements and California Occupational Health and Safety Administration (Cal/OSHA). q) The Contractor shall do all that is necessary to maintain a safe working environment for Contractor's employees, Agency and facility employees and the general public present. r) The Contractor shall work with the Agency facility staff to understand and abide by any site -specific security procedures. s) The Contractor shall clean up any construction dust, dirt and debris from work surfaces or equipment after work is completed each day and prior to occupancy. t) The Contractor shall be very careful to leave the facility with no damage to its structure, contents, existing finishes, and with no evidence of cutting or patching, and with all fixtures and lenses cleaned. u) The Contractor is responsible for securing all necessary permits, including Title 24 energy code documentation and compliance permit, and shall abide by local laws and regulations. v) Prior to ordering of equipment and fixtures, Contractor is to verify fixture quantities, types and installation needs, including specifying equipment that complies with existing electrical service. Final project invoice price will be based upon the quantity of each fixture type installed multiplied by the unit price for that fixture. w) Prior to ordering of lighting fixtures, Contractor is to verify proposed are listed in the Design Lights Consortium (DLC). Contractor is to propose a valid replacement for fixtures that are not DLC certified. x) The chosen contractor will be required to register with Southern California Edison as a Trade Professional (Trade Pro). Directions to register can be found at: https://sreonlineapp.com/CAASupport/Default.asox. Please note that contractor will NOT be required to produce a Project Feasibility Study or Energy Efficiency Project Influence Job Aid, wnetwork oubhcagenrvc akin) lam, to save anorgy 12-5 The Energy Network Appendix A: Lighting Inventory Title 24 She Baacription Ralsting Lighting System proposed Lighting System Requirements ITEM # Locatlon and/or Room Room Solution Fkt. Code Mixture Description %Nptlan Pam, Fx(, �,kW/ &, Totel Proposed Mature Description* Prop. Fig. Occupancy # Typo Code 011 Il kW QI $anaora9 i Jerome Center Exterior Exterior LT-19132 CFL20WP MCK.Alpeok 5 0.03 - I.Bhania Oi LED 13W40K Me s N 2 Bull Field Bxtador LT-05834 M41500PM 1500W Metal Miss Sports Lighting- iBt Phase. 550W Soon. Lighting AR55M63 36 N Pole Abun1 L840-BLK•'^ 3 Bell Field area F:Iterlor LT-85834 M aDFL000 250W Matel Halitla Fbotl fdiwe on ball g 0.30 Me 78W Flood Light+NS(FXLm]8TN 9 Y poles. 20 it. $M5500 4 $nadc A.. Fxterbr LL85834 MH/0CM SOW Metal Halide ceiling Mount Cenopy 4 0.10 - 20W Me Cenopy(VANL®204 4 N Future "The Contractor Is responsible for finalizing fixture model numbers "-The Contractor is responsible for confirming all fixture counts, pre and post case. *4°The Contractor is responsible for confirming Title 24 compl lance for all applications, Including installation of Occupancy Sensors where applicable. ....The Contractor Is responsible for the setup, calibration, and positioning of the Ephesus Lighting Fixtures ± fenergVnetvufor`s "-1 uvOt.,'o' oiiq r fom!o s'aa erm�Y 12-6 Appendix 13� Responsibility Matrix Construction Secures Construction Permit T S P Prepares Construction Schedule R/A P Perform Construction P SUbrnittaIs/CDs and RFL% S R/A R P Review & Approve Invoices P Process Invoices P Inspection of Work P Supplementa(Work/Change Orders S P/A 5 P/A Prepare Meeting Agendas/Minutes P Attend Project Meetingsngs S P S p Develop Punch Lists S P R Correct Punch List Items R/A P O&M Manuals and Training S R/A S/R p Final Inspection P/A P Acceptance P/A Lighting/Mechanical As -Built S R/A S/R P Commissioning Startup Checklists R R/A S/R P dures R R/A S/R P Functional ment Startup Docuatin R R/A S/R P Te Functionaancets R R/A S/R P Systems Manual R R/A S/R p 12-7 FEE SCHEDULE (OR) RATES AND CHARGES #k9544v3 DIGITAL MODEL RENDERING E(,TQTY DESCRIPTION PRICE PER TOTAL PRICE UNIT --- ---- ------ Lithonia 0LWX1 LED 13W 40K DDB (DLC standard)* $128 $640 72 Nila Sport Lights FL06.600 (DLC premium)* $1,099 $79,128 9 RAB 78W Flood Light + MS (FXLED78TN + SMS500)* $647 $5,823 4 20W RAB Canopy(VANLED 20 N)* rn $209 $836 I Lighting Designs Included Included 1 Installation $39,999 $39,999 I Removal and disposal of existing lights $489 $489 1 Volume Discount on Lights -5% -$4,321 1 Hazardous Material Disposal (recycling of existing system) Included Included GRAND TOTAL $122,594 TopunnAl Network control System (Internet accessible) with I i Daylight Grandmaster and sophisticated time of day $19,822 $1 a. 822 scheduling *All specified lighting fixtures are DLC listed, see pages 33-36 for details Confidentiality notice: Unit price, total price and volume discount are Nils trade secrets and should not be included In the public record. Pricing is valid for 120 days from the date of submission. 24 EXHIBIT C #95440 SANTA ANA 1EROME PARK OBF CALCULATION Item Amount Source Rate $ 0.07 From OBF Approval Estimated Savings 62,725.00 calculated Annual $ savings $ 4,499.89 calculated Monthly $ savings $ 374.99 calculated Estimated Project cost $ 140,983,10 From Proposal Estimated total Rebate Incentive $ 10,663.25 calculated Loan $ 130,319.85 calculated Actual Loan Term Months 348 calculated Actual Loan Term Years 28.96 calculated Loan Length Limit 120 From OBF Approval Applicable EUL 144 From OBF Approval Net Amount for Financing $ 44,998.92 calculated Out of Pocket $ 85,320.94 calculated ACOROo CERTIFICATE OF LIABILITY INSURANCE �� DATE1O(xwoor 9ml /10/201 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 Risk Stratagies Company CNAMEONTACT TiffanyChinn 700 AirportBoulevard, Suite 300 Burlingame, CA 94010 •ADDRESS, PHONE 850-762-0400 AX No: S AAA tchinn risk-srra ies.com INSURE 3 AFFORDING COVERAGE NAIC4 INSURERA: Federal Insurance Company 20281 INSURED NiIA INSURER e INSURER C: 723 West Woodbury Road INSURER D: Altadena CA 91001 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 51732735 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. TAR TYPE OF INSURANCE ADDL INSO SUOR we POLICYNUMBER POLICY EFF D POLICY EXP M LIMITS A COMMERCiALGENERALLJABILITY 35892515 12/27/2018 12/27/2019 EACHOCCURRENCE s1000000 CLAIMS -MADE OCCUR PREMISES Ea occunarce $1000000 MED EXP (Any one ) $10 000 PERSONAL S ADV INJURY S1,000.000 GENL AGGREGATE LIMIT APPLIES PER: POLICY JET LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPIOP AGO $2000000 S OTHER: A AUTOMOBILEUMILrtY 73588466 12/27/2018 12/27/2019 COMBINED SINGLE LIMIT $1 OOO 000 BODILY INJURY Per Person) S ANYAUTO P OWNED SCHEDULED OWNS ONLY AUTOS da BODILY INJURY(Pw accnU $ HIRED AUTOS ONLY J pAUTO WONED LY (PRO sot)DAMAGE $ACV S A UMBRELLA LIAR OCCUR 78182245 6/30/2018 613WO19 EACHOCCURRENCE $1000000 AGGREGATE S1,000.000 EXCESS LIAR CLAIMSMADE DEO RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' UABILT' YIN ANYPROPRIETORIPARTNERIEXECUTIVE r7 OFFICERIMEMBEREXCLUDED? NIA I PER ET STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ (Mandatory in NH) It yyeess dascnWunder OESCRPTION OF OPERATIONS W1. EL DISEASE -POLICY LIMIT $ DESCRPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks SGuniuh, may be attached if more s"ce is reeuined) City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers are named Additional Insured per attached Form 80029020. This insurance is primary and non-contributory with respect to insurance or self-insurance maintained by the City. Certificate of Insurance shall provide thirty (30) day prior written notice of Cancellation. REVIEWED & APPROVED By RiskMANAGEMENTDivisioN CERTIFICATE HOLDER CANCELLATION T52019 City f Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE RiskoManagement Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza, 4th Floor ANCINE . VILLARE ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92702 AUTHORIZEDREPRESENTATIVE �}/�//,[ �//�/.-i/L ice/ /L/ ��'�'�"'•, Mike Christian 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD e:I'.:'35 1 18-19 nL/AL 6 a I Lucy Faleofa 110/". 2014 >=i1a]s M L,,m I gage 1 `_ a C H U S B' Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABJI-M Who Is An Insured DECEMBER 27, 2018 TO DECEMBER 27, 2019 OCIOBER 3, 2019 3589-25-15 WCE NILA. INC. FEDERAL INSURANCE COM11ANY OCl'OBER 8, 2019 Under Who Is An Insured, the following provision is added. Additional Insured • Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contractor agreement requires the person or organization to be afforded status as an insured-, • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an favored under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. REVIEWED & APPROVED By Risk MANAGEMENT DIVISION 0 � 019 Liabiriy Insurance Addibonal Insured- Scheduled Person Or Organization F ANCI E R. VILLAREA6-nued Form 80-02-2357(Ray. 5-07) Endorswnent Page r 51732735 1 19-19 oc/AL c OMB I Lucy Yaleofa 110/10/2019 'A2!25 W IPM I sage z o`- 9 CHUSBe Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. Ali other terms and conditions remain unchanged Authorized Representative ',-_.0�' REVIEWED & APPROVED By RISC MANAGEMENT Iii\tISION 0 25 2019 Liability Insurance Addibonal Insured- Scheduled Person Or Organization FRANCINE R. last Form 60.0&2367(Rev. 5-07) EMoraement Page 2 51732735 1 18.19 OL/AL 4 p I L.cy Faleo£a 1 10/10/2019 7:42:25 AM (PDT) I Page 3 of 8 C H U B B° Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: [CLI_NWIgill:\ IIIff 611 Who Is An Insured DECEMBER 27. 2018 TO DECEMBER 27.2019 OCl'OBER 3, 2019 3589-25-15 WCE NILA, INC. I-EDERAL INSURANCE COMPANY OCI OBER 8, 2019 Under Who Is An Insured, the following provision is added Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are ins reds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an Insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. REVIEWED & APPROVED By RISIC MANAGEMFNT DIVISION AR 5 2019 Liability Insurance Additional Insured- Scheduled Person Or Organization FRANCINE R. VIL RrJmiilwed Form 80-02-2367(Rev. 5-07) Endorsement Page r 51732735 1 18-19 GL/nL L urs I Lucy Faleo_a 1 lo/10/2019 7:42:25 M [PDT) I Page .I .-e 0 CHUBS' Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule CITY OF SANTA ANA, RISK MANAGEMENT ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 A0 othcr terms and conditions remain unchanged. Authorized Representative RE RIIEWM D & MPP ROV oD OCTO 51019 � FRANCINE R. VILLAREAL Liability Insurance Additional Insured - Scheduled Person Or Organization lest page Form 9042-2357(Rev- 5-07) Endorsement Page 2 51732735 110 19 GL/AL I J I Lecy Fa leota 1 1011012019 7:42:25 M i20S1 I Page 5 a` 0 C H U B B Policy Conditions Schedule of Forms Policy Period DECEMBER 27, 2018 TO DECEMBER 27. 2019 Effective Date OCfOBER 3, 2019 Policy Number 3589-25-15 WCE Insured NILA.INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued OCTOBER 8. 2019 The following is a schedule of forms issued as of the date shown above: Form Number Edition Date Form Name Effective Date Date Issued 80-02.9779 3-11 NOTICE OF CANCEL SCHED PERSONS/ORG EXCPT NP 10/03/19 10/08/19 80-02-9001 6.98 HOW TO REPORT A LOSS 12/27/18 10/16/18 80-02-9090 6-05 COMMON POLICY CONDITIONS 1227/18 10/16/19 80-02-9717 9-15 CAIIFORNIAMANDATORY-CANC/NONRENWAL 12/27/18 10/16/18 80-02-9790 3-12 COND - CIVIL UNIONS OR DOMESTIC PARTNERSHIPS 12127/18 10/16/18 80-02-9800 12-08 INSURING AGREEMENT 1227/18 10/16/18 99-10-0732 1-15 NOTICE TO POLICYHOLDERS-TRIPRA 1227/18 10/16/18 99-10.0792 9-04 IMPORTANT NOTICE - OFAC 1227118 10/16/18 99-10-0872 6-07 AODPOLICYHOLDER N0ITCE 1227/18 10/16/18 REVIEWED & APPROVED By Risk MANAGEMENT DilliSiON 2019 E 5A 4 FRANCINE R. VILLAREAL leetpW Form 80-02.9999 (ED. 6-95) Schedule of Fame 51732735 1 16-19 GL/AL 6 NAB I Lucy PaleOfa 1 10/10/2019 7:42:25 AM (PDT) I Page 6 of 8 Pegs 1 CHUBS Policy Conditions Endorsement Policy Period DECEMBER 27, 2018 TO DECEMBER 27.2019 Effective Date OCrOBER 3. 2019 Policy Number 3589-25-15 WCE Insured NILA, INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued OCTOBER 8. 2019 This Endorsement applies to the following forms: COMMON POLICY CONDf1TONS Conditions Notice Of Cancellation To Scheduled Persons Or Organizations When We Cancel Under Conditions, the following condition is added. When we cancel this policy for any reason, other than non-payment of premium, we will notify persons) or organization(s) shown in the Schedule at least 30 days in advance of the cancellation date. Any failure by us to notify such person(s) or organization(s) will not: • impose any liability or obligation of any kind upon us: or • invalidate such cancellation. Schedule Person(s)orOrganization(s): GBC INIERNATIONAL BANK ISAOA Address: 5670 WILSHIRE BLVD SUITE 1780 LOS ANGELES, CA 90036 Persons) or Organization(s): Cn Y OF SANTA ANA, RISK MANAGEMENT, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS Address: 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA. CA 92702 REVIEWED & APPROVED By RISk MANAGEMENT DIVISION Policy Conditions Form 8402-9779 (Ed. 3-11) Notice Of Cancellation To Scheduled Persona Or Organizatfons (Except Non -Payment Of Premium) Endorsement r 51732735 11B-19 GL/ w 6 MB I Lmy Faleofa 1 10/10/2919 7:42:25 AM (PDT) I Page 7 of 8 Conditions (oontlnued) All other terms and conditions remain unchanged. Authorized Representative REVIEWED &APPROVEL) By R15k MANAryEMENT nIVISION C 2019 Notice Of Cancellation To scheduled Pars"Or Orgenizah'ons FRANCINE R. VILLAREAL Policy Conditions (Except Non -Payment Of Premium) last page Farm 80-02-9779 (Ed. 3-11) Endorsement Page 2 51732735 1 19-19 cL/AL & UYP I LUCY eale0fa 1 10/10/2019 7:42:25 AM. IeUTI I Page 8 of 8 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 10/23/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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 CONTACT NAME: PAYCHEX INSURANCE AGENCY INC PHONE (877)266-6850 INC, No, Ect): FAX (585)389-7894 (AIC, No): 76210705 150 SAWGRASS DRIVE ROCHESTER NY 14620 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICX INSURER A: Hartford Fire and Its P&C Affiliates 00914 INSURED INSURER B : NILA INC. INSURER C : 723 W WOODBURY RD INSURER D: ALTADENA CA 91001-5310 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSP TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE❑OCCUR DAMAGE TT RENTED PREMISES (Ea occurrentel MED EXP (Any one person) PERSONAL A AOV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY 0 PRO - ❑ LOC JEC PRODUCTS -COMP/OPAGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Qen ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accitlen0 HIRED NON-OMED PROPERTY DAMAGE AUTOS AUTOS (Peraccitlent) UMBRELLA LUV1 OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS - MADE AGGREGATE E I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER TAT X OTk4 EL EACH ACCIDENT $1,000.000 ANY YIN A PROPRIETOWPARTNEREXECUTIVE OFFICER/MEMBER EXCLUDED? NIA 76 WEG DS8068 01/16/L011/1612020 E.1- DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NMI R yes. describe urKer EL DISEASE -POLICY LIMIT $1,000.000 DESCRIPTION OF OPERATIONS DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schetlule, may be attached R more apace is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION City Of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Parks, Recreation and Community Service BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 20 CIVIC Center Plaza IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ACORD 25 (2016/03) 1 qh RXFTT1 .:. -n TMIT LI-:.,.1,1,,. -�,,: The ACORD name and logo are registered marks of ACORD ON I5 019 � FRANCINE R. VILLAREAL THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 City of Santa Ana Parks, Recreation and Community Service 20 Civic Center Plaza Santa Ana CA 92701 Account Information: Policy Holder Details : NILA INC. October 23, 2019 %Q Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (877) 287-1312 Fax: (888) 443-6112 Email: agencv.services(c thehartford.com Website: httos://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team REVIEWED & APPROVED By RISK MANAGEMENT DIVISION T25 Aln L FRANCINE R. VILLAREAL WLTR005 0 NILAOFORTS Silvia Cuevas Management Analyst Parks, Recreation and Community Services Agency 20 Civic Center Plaza Santa Ana, CA 92701 October 14, 2019 Subject: Professional Liability (Errors and Omissions) Silvia Cuevas, As part of the contract awarded to Nila for the Jerome Park Lighting Retrofit, Nila Inc. will not employ a licensed professional (architect or engineer). Since no licensed professional will be employed we will not be providing Professional Liability E&O insurance (errors and omissions). Please let me know if you have any questions or need any clarification on this subject. Kind Regards Jim Sanfilippo Nila Inc. 310.245.2208 cell REVIEWED & APPROVED By Risk MANAGEMENT DIVISION CT 2 201 FRANCINE R. VILLAREAL 723 West Woodbury Road Altadena, CA 91001 626.529.2856 info@nila.tv www.nilasports.com OF A�� CERTIFICATE OF LIABILITY INSURANCE DATE 2/1 s/2ozo 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 Risk Strategies Company 700 Airport Boulevard, Suite 300 Burlingame, CA 94010 CONTACT NAME: Tiifan Chinn PHONE a No: Ea . 650-762-0400 EMA IL ADDRESS: tchinn risk -strata Ies.com INSURER S AFFORDING COVERAGE NAIC k INSURER A: Federal Insurance Company 20281 INSURED NiIA 723 West Woodbury Road Altadena CA 91001 INSURERS: INSURERC: INSURER D: INSURER E : INSURER F 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADDL SUER wvDPOLICYNUMBER EFF MMIDDYIYYYY EXP MMMDY LIMITS A �/ COMMERCIAL GENERAL LIABILITY ✓ 35892515 12/27/2019 12/27/2020 EACH OCCURRENCE $1,000000 DAMAGE REN ED PREMISES Ea occurrence $1 000,000 CLAIMS -MADE �✓ OCCUR MED EXP (Any he person) $10 000 PERSONAL& ADV INJURY $1.000 000 GEN'L AGGREGATE LIMIT APPLIES PER: E PROJECT El GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000000 POLICY LOC $ OTHER: A AUTOMOBILE LIABILITY 73588466 12/27/2019 12/27/2020 COMBINED MB deDcINGLE LIMIT $1 000000 ANY AUTO BODILY HAIRY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ✓ HIRED NON-OWNFD AUTOS ONLY ✓ AUTOS ONLY PROPERTY DAMAGE Per accident ACV S A ✓ UMSRELLAUAB ✓ OCCUR 78182245 6/30/2019 6/30/2020 EACH OCCURRENCE $1 000,000 AGGREGATE $1,000 000 MCESS LWB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION I PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETORIPARTNER/EXECUTIVE OFFICER(MEMBEREXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers are named Additional Insured per attached Form 80029020. This insurance is primary and non-contributory with respect to insurance or self-insurance maintained by the City. Certificate of Insurance shall provide thirty (30) day prior written notice of Cancellation. REVIEWED & APPROVED City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Santa Ana CA 92702 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 Mike N7b Cl� ACORD 25 (2016103) ACORD The ACORD name and logo are registered marks of ACORD 54173002 139-20 cL/AL & OMB I Lucy Faleota 1 2/19/2020 9:39:37 AN (PST) I Page 1 of 5 All rinhte C H U B B" Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured DECEMBER 27, 2019 TO DECEMBER 27, 2020 DECEMBER 27, 2019 3589-25-15 WCE NILA, INC. 1,EDERAL INSURANCE COMPANY OCTOBER 9, 2019 Under Who Is An Insured, the following provision is added Additional Insured - Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Liability Insurance Additional Insured - Scheduled Person Or Organization continued Form 60-02-2367(Rev. 5-07) Endorsement Page 1 54173002 119-20 GL/AL 6 0M9 I Lucy Faleofa 1 2/19/2020 9:19:37 AM (PST) I Page 2 of 5 `; — 1J C-HUBB" LiabilityEndorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule CITY OF SANTA ANA, RISK MANAGENiENT ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured - Scheduled Person Or Organization tlU-VL-Z:16/ (HBV. 9u/J last page Page 2 54173002 1 19-20 cL/AL E [ I Lucy Paleofa 1 2/19/2020 9:19:37 AM (PST) I Page 3 of 5 C H U B B' Policy Conditions Endorsement Policy Period DECEMBER 27, 2019 TO DECEMBER 27, 2020 Effective Date DECEMBER 27, 2019 Policy Number 3599-25-15 WCE Insured NILA, INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued OCfOBER 9, 2019 This Endorsement applies to the following forms: COMMON POLICY CONDITIONS Under Conditions, the following condition is added. Conditions Notice Of Cancellation When we cancel this policy for any reason, other than non-payment of premium, we will notify To Scheduled Persons person(s) or organization(s) shown in the Schedule at least 30 days in advance of the cancellation Or Organizations When date. We Cancel Any failure by us to notify such person(s) or organization(s) will not: • impose any liability or obligation of any kind upon us; or • invalidate such cancellation. Schedule Person(s) or Organization(s): GBCINTERNA IONALBANKISAOA Address: 5670 WILSHIRE BLVD SUITE 1780 LOS ANGELES, CA 90036 Person(s) or Organization(s): CITY OF SAN'TA ANA, RISK MANAGEMENT, rf'S OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS Address: 20 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 Notice Of Cancellation To Scheduled Persons Or Organizations Policy Conditions (Except Non -Payment Of Premium) continued Form 80-02-9779 (Ed. 3-11) Endorsement ^� ,� page 1 54173002 119-20 GL/AL a UMB I Lucy Faleofa 1 2/19/2020 9:19:37 AM (PST) I Page 4 of 5 Conditions (continued) All other terms and conditions retrain unchanged. Authorized Representative Notice Of Cancellation To Scheduled Persons Or Organizations Policy Conditions (Except Non -Payment Of Premium) Form 80-02-9779(Ed. 3-11) Endorsement H4f.l Xv Page2 54173002 1 19-20 GL/AL & UAB I Lucy Faleofa 1 2/19/2020 9:19:37 AM (PST) I Page 5 of 5 THE HARTFORD BUSINESS SERVICE CENTER THE _' 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 City of Santa Ana Risk Management Division 20 CIVIC CENTER PLZ FL 4 SANTA ANA CA 92701-4058 Account Information: Policy Holder Details : NILA INC. February 17, 2020 vQ Contact Us Business Service Center Business Hours: Monday - Friday (7AM - 7PM Central Standard Time) Phone: (877) 287-1312 Fax: (888) 443-6112 Email: agency.services(a)thehartford.com Website: https://business.thehartford.com Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team ACd ° I.,-- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 1 02/17/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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 CONTACT NAME: PAYCHEX INSURANCE AGENCY INC PHONE (877)266-6850 FAX (585)389-7894 76210705 150 SAWGRASS DRIVE (A/C, No, Eat): (A/C, No): E-MAIL ADDRESS: ROCHESTER NY 14620 INSURER(S) AFFORDING COVERAGE NAICN INSURER A: Hartford Fire and Its P&C Affiliates 00914 INSURED INSURER B : NILA INC. INSURER C: 723 W WOODBURY RD INSURER 0: ALTADENA CA 91001-5310 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER' RFVIRInN NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER MID POLICY NUMBER POLICY EFF MM/DDAMY) POLICY EXP (MMIDDN YYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CI -AIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP (Any one person) PERSONAL 8 ADV INJURY GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY ❑ PRO- ❑ DOC JECT PRODUCTS-COMP/OP AGG OTHER: AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT Ea accident) BODILY INJURY (Per person) ANY AUTO ALL OWNED F7SCHEDULED id P BODILY INJURY (Per accent ( ) AUTOS AUTOS HIRED NON -OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR FACH OCCURRENCE EXCESS LIAB CLAIMS - MADE AGGREGATE DED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PER STATUTE OTH- ER A ANY YIN PROPRIETOWPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA 76 WEG DS8068 01/16/2020 01/16/2021 E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $1.000,000 OF OPERATIONS below [DESCRIPTION RIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Tho'seusual to the Insured's Operations. Notice of Cancellation will be provided in accordance with Form WC990394, attached to this policy. CERTIFICATE HOLDER r ANr:FI I ATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Risk Management Division BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 20 CIVIC CENTER PLZ FL 4 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORRED REPRESENTATIVE SANTA ANA CA 927014058 © 1988-2015 ACORD 25 (2016/03) The ACORD name and logo are registered marks THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form WC 99 03 94 Printed in U.S.A. Process Date: If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. © 2011, The Hartford Policy Expiration Date: NILASPORTS Silvia Cuevas City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4t' floor Santa Ana, CA 92702 February 20, 2020 Subject: Professional Liability (Errors and Omissions) Silvia Cuevas, As part of the contract awarded to Nila for the Jerome Park Lighting Retrofit, Nile Inc. will not employ a licensed professional (architect or engineer). Since no licensed professional will be employed we will not be providing Professional Liability E&O insurance (errors and omissions). Please let me know if you have any questions or need any clarification on this subject. Kind Regards Jim Sanfilippo Nila Inc. 310.245.2208 cell 723 West Woodbury Road Altadena, CA 91001 626.529.2856 info@nila.tv www.nilasport--,e