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HomeMy WebLinkAboutALLIANCE ELECTRICAL SYSTEMS, INC.City of Santa /' a �t Clerk of the Council COX Office Use Only wn AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. C"y of Santa Ana Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. 1•'-3 02 K21 Is the agreement(s)apermanent record? Yes— No_ ' Cierkofthe Council Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with AcfrA�\a,wl)p, A-2019-182 No. _ was completed on gJLWkpand final payment has been made. aisr ou amendments. Use space below if needed.) Department: Phone/Ext.:/f Signature: �k D'ol `—'Lfmoz� Date: '% b��)-A Revised: 10- 18-16 INSURANCE NOT ON FILE WORK MAY NT PROCEED CLERK OF A-2019-182 (D DATE: OWN I KAI. I UK AUKttmrry I rvK Stu uUM I INU Kr- I Kurl I rKUJrL I A i o�.3f4-SN\p OCT 1 1 2019 ROSITA PARK S'\\)", C�Ljh�) HIS G EMENT' T A RE is made and entered Into this 1st day of October, 2019 by and between Alliance Electrical Systems, Inc, a California Corporation, (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City issued a Request for Proposals ("RFP") (RFP No. 19-057) and Addendums 1-3 for furnishing labor and materials to retrofit the lighting at City's Rosita 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 Rosita 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 Rosita 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. 19-057 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. 19-057 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 $206,406.46, which includes $179,483.88 plus a 15% contingency of $26,922.08 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. e. 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 495440 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. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. #95440 (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. 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. #9544v3 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: And To Contractor: Executive Director of Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.Q. Box 1988 Santa Ana, California 92702 Fax 714-571-4221 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.Q. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 Mr. Chris Falls, President Alliance Electrical Systems, Inc. 12520 High Bluff Drive, Unit 312 San Diego, California 92130 Email: chrisf@alliancelectricalsystems.com 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: 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. b. 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 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: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 1 D Bv: Laura A„ Rossini Senior Assistant City Attorney RECOMMENDED ecutive Director Parks. Recreation and Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager tAPPROVAL: CONTRACTOR X,4 0 4" Alliance Electrical Systems, Inc. Christopher Fall Community President #95440 EXHIBIT A SCOPE OF SERVICES #9544v3 01 V IM f4 N ,,ens.0 - Y' ` ■,q■ etwoN public agencies taking action to save energy Lighting Contractor Scope of Work City of Santa Ana - Rosita Park Ana, 4 92703 The Energy Network Project ID: 38CL IO Provided by: C Energy Services Scope of Work Developed by: Jol'In Kneel, 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 — Rosita Park is being supported by The Energy Network. The services provided as Construction Management Support are defined on a separate document 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. 12-3 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 Rosita Park's exterior lighting. Rosita Park is a public park that is city owned and operated. The park consists of a baseball field, 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 • Appendix B: Roles and Responsibilities Matrix 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) 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. c) Prevailing wage labor costs to be used for project implementation. d) All scheduling of work shall be done through the City's project contact. e) All work performed shall meet or exceed any applicable electrical code requirements. f) Any existing electrical code violations relevant to systems being retrofitted shall be brought to the attention of the City once discovered. g) Clean-up, removal of old equipment, and/or recycling fees are to be included. h) Contractor must meet appropriate insurance and bond requirements outlined by the City. i) Any other cost of business fees/expenses associated with performing City work are to be included in the bid. j) Provide factory start up and training (if necessary) to ensure proper functionality of new lighting equipment and controls. k) 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. 1) 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. t fi s r, ;t fT+etw 12-4 auoc agonce> laying action -o sane energy The Energy Network m) 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. 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 between in 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. 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: littps:Hsceonlineapp.corn/CAASug op rt/Defardt.aspx. Please note that contractor will NOT be required to produce a Project Feasibility Study or Energy Efficiency Project Influence Job Aid. P'UbklgEnclel t.nhCgg action m awe citertJl The Energy Network Appendix A: Lighting Inventory Site Desoription Extent, Llghgng sytlam Propowd Lighting 5yotoln TWO 24 Regulrem..W. ITEM# Lcomgon orator Roam#Rcom Type solution Fxt Cade Fixture 0exoripflon Ex, Fx4 Ex.kWl " Tota Propamd Flawre Oasrlptlon' Prop' FIxL Occupancy Qatla Qly�" Pat kW Sonxomi I Ball Fleld Exledor LT65839 HPS1000PM 1000W HPS Spoda Ughling - Pole Wart 67 1.10 Ephesus 550W sestu Lighting 8] N 0.550.XL646BIX ^"' 2 Psvk weIkw.ys Exltltlor LLi1322 MH250PM 2M WWI Halt. Pole Manor IB 0,30 Eye LI9MIng 56W LEOIOC Relrofil 16 N _ LEs.SP]AO HWaXgttUNV-%XXXX) a Building Exledor Exietlor LL1fl132 MYIt]6WM 175W Metal Halide Well Mounted Floods 23 0.22 R B 52W Flood Light t MS 23 y FFLE062 + SM5600 "The Contractor is responsible for finalizing fixture model numbers ""The Contractor Is responsible for confirming all fixture counts, pre and post case. -*-The Contractor is responsible for confirming Title 24 compliance 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 "'*""The Contractor Is responsible for determining which optic to use on the Ephesus Lighting Fixtures ID a Puhl'c ag6xci6, taN p]trl,mueep mpy Appendix B: Responsibility Matrix Construction Secures C0115t)'LiCtion Permit S P Prepares Construction Schedule R/A P Perform Construction - — --------- P Submittals/CDs and RFIs S R/A R P Review & Approve Invoices ? Process Invoices P Inspection of \WfTrV P Supplemental Work/Change orders S P/A 5 P/A Prepare Meeting Agendas/Minutes P Attend Project Meetings 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 - ---------- -i - -_----_-- R/A - S/R P ---Commissioning L___Commis —R-- Startup Checidists /AS/R P Functional Performance Test Procedures R R/A S/R P Startup Documentation R R/A S/R P Functional Performance Tests R R/A S/R P Systems Manual R R/A S/R P 12-7 EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES #9544v3 RFP Led Lighting Retrofit Rosita Park July 1, 2019 ►= Ej ALLIANCE 12520 Hipp Bluff Dr, Slate 312 PROPOSAL, San Diego. CA 92111 Lic.F 1031096 661510-829 To Pnone Fns Dme CH}' of Santo ADa 714-57t-121& Julg 1, 2019 Parks.Recreation :and Community Semices Agency JA Nam!Lo<mtnn 20 Chle Center Plaza P.O. Hoc 1988 CITY OF S'ANTA.LYA Sasuta Ann, California 92702 REQUEST FOR PROPOSAL LIGHTEFG RETROFIT AT ROSITA PARK RFPNO:i 19-057 Auenftnn Frmil<.Ar1'0310 Emoil fa[rOVO settta--pna.,0rg, THIS PROPOSAL SS TO INCLL"DE THE FOLLOW n-G SCOPE OF }PORK PER LIGHTING RETROFFE AT ROSITA PARK RFP NO.: 19-07, ADDENDUMNO. 3. AE5 will provideand install the fixture padmee per the Appendix A Lighting lin enfi)r'f. Included in om proposal will be Plie following items: I. Construction Pemrits ?. Cmrsumetion Schedule 3. Submittals 4. Correction of Pund)list Iterm 5. Okhl N3aumis and Trianine 6. Inspections '-A,Builts 8. Equipment Rental O. Prevailing Wage 10, Demolition lard DispoN, ftemizted list or ptichig per unit item is a3 followed: 1. Ephesus 7S03F All Field Sports LED Fixture $4,523.87 2. Eye Lighting 50W PoleMount 5613A4 3. RAD 501V Flood Liglrt with Sensor S491,00 1IT MOROSE HEMY IQ T, iYCGM?iEIEC!ACCOPSJ:LZIMH T' ,. tOIT 5MMIC,AIM1i. FOFTIM mf OF ONE IUNDRED SEVEN]' .,ND FOUR HUNDRED 'ITYTHREE DOLLARS A.S"D EIGHTY EHAII CLAIM. eA»iunr09e>nAnE as Fo±lous. )- nLtal\�:.Aif GIAWtIEEO:0EEF5'ieEEattJ 7C'A'JL':iC47"04=Fa7"M.t.7M N.W."�L:SttlRUNGlOS.'R.66°d PMCFtt=s uRAI,YdAR104GkJEtNFIOXFRW1A90PFRECitR+ AttNRi cEC YJ:�:R�t'GLYGt:<t9a^tltZi RULEi E<F:tiP:P0YL1'LiCn'y:P:ftC:01.^.Eoi, ATT YIlLEEEG!.eAti iy�"AP.T£ 9li RA v'%Lt4ivX'Zi..iAU 2£t'01'J THE Cii!\AR AllALF£kL\'Tt^J1TL\'G:\ZL!N:: ifRP�F A:tt;E!.'i5 RP.tl3+l:5 fii0YJOLE^A,?R�_RM.Y),IG:�F�£iRPYACOAlID 6i^kSA3fES4AP.YCtF.G4SE aDCc, FNT}CPPoSW.\LfY9R'AIIHJRikJ-nR2aL'EBIEO 4]I)IES o.auoE£ewAE.En.o'cmrzuPart�RvxEE:s.rc.mas'xswx':cs 30 Days N'N CObU(IIi5N5.LC. SdTISFACTOYF.iYPrL2t• HFP.`rbt" A<GG IFD YOJ,tPc AiT.i0.i6E9 Fll 00 Ei£'h'OCS' AS iP?CIPRD. ?A}l@IJ lt'1r BE�UGE �'� OVTL`Y:II0.agl?. DATF OF diCF?rASCx :WSAP.VS FiI is f N v t��1,y`l+tn,1 r r: EXHIBIT C #95440 SANTA ANA ROSITA PARK OBF CALCULATION Item Amount Source Rate $ 0.19 From OBF Approval Estimated Savings 93,544.00 calculated Annual $ savings $ 17,898.71 calculated Monthly $ savings $ 1,491.56 calculated Estimated Project cost $ 206,406.46 From Proposal Estimated total Rebate Incentive $ 15,902.48 calculated Loan $ 190,503.98 calculated Actual Loan Term Months 128 calculated Actual Loan Term Years 10.64 calculated Loan Length Limit 120 From OBF Approval Applicable EUL 144 From OBF Approval Net Amount for Financing $ 172,987.09 calculated Out of Pocket $ 11,516.89 calculated ALLIBUI-01 AL C7R0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 10/1612019 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 ri hts to the certificate holder in lieu of such endorsement(s). PRODUCER License # OC32169 CONTACT ME: Rancho Mesa Insurance Services, Inc. PHONE FAX No).61$ .937-0168 250 Riverview Parkway WC. No, ExtL{612) 937-0164 �, ( _( � E- Santee, CA 92071 ; pnnF�E MA L ss; _ _ - INSURER(S} AFFORDING COVERAGE INSURERA:Valley Forge Insurance Co (NSURER a Transportation Insurance Co INSURER C: Continental Insurance Company INSURER D: Insurance Comps of the West INSURER E: Arch Specially Ins Company INSURER F : INSURED Alliance Electrical Systems Inc. Lighting Efficiency & Design 12520 High Bluff Drive Ste 345 San Diego, CA 92130 847 199 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. 1t15R TYPE OF INSURANCEINSSUBR WVOIPOLICY NUMBER POLICY EFF POLICY EXP YYILIMITS A X _ i COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE X OCCUR 6076240904 4/1/2019 X X 4/1/2020 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea wcilrrengQ)—.. $ 2,000,000 100,QOQ $ $ 15,000 MED EXP (Any one person) $ 2,000,000 _ PERSONAL &ADV INJURY $ 4,000,000 _ GEN'L AGGOGATIE LIMIT APPLIES PER: POLICY rX I JECT LOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGO $ 4,000,000 OTHER. B AUTOMOBILE LIABILITY COM6INEDSiNGLE.UMIT tEa aelden[j 1,000,00- $ X ANY AUTO 6076240899 4/1/2019 4/1/2020 BODILY INJURY (Per person) $_ _ _ OWNED SCHEDULED AUUTNOSSW�Ep AUTOS ONLY Ix AU SONLY AUTOS ONLY BODILY INJURY (Per accident) ..�aacr tl rnpAMAGE COMP/COLL $ _ — C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE s 15,OO7 EXCESS LIAB F CLAIMS-MADE -6076240885 4/1/2019 4/1/2020 AGGREGATE $ 15,000,000 DED X I RETENTION $ 10,000 is D WORKERS COMPENSATION I AND EMPLOYERS' LIABILITY Y f N X WSD502021907 12/31/2018 12/31/2019 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 111 A (Mandatory In NH) X STAT�rE EER7H- 1,000,000 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE s 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E Professional iPDCPP0010803 1/20/2019 1/20/2020 1 1,000,000 E.L DISEASE - POLICY LIMIT $ Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required RE: CITY OF SANTA ANA, ROSITA PARK, 706 N NEW HOPE ST., SANTA ANA, CA 92703. CITY OF SANTA ANA, IT'S OFFICERS, EMPLOYEE'S, AGENTS AND REPRESENTATIVE ARE INCLUDED AS ADDITIONAL INSURED PER FORM CNA75079XX (10-16)ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. REVIEWED & APPROVED By RISK MANA EMENT DIVISION CITY OF SANTA ANA ATTN: RISK MANAGEMENT 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATION DATE TIIERf_OF-, NOTICE WILL BE DELIVERED IN R. VILLAR ORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or $ B. a higher limit of insurance than required by the written contract. s IV. The insurance ranted b this endorsement to the additional insured does not apply to bodily injury, property 9 Y ppY Y� J rY�p p Y damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: REVIEWED & APPROVEb - CNA75079XX (10-16) By RISK MANAC,EMENT iVISION Policy No: 6076240904 Page 1 of 2 VALLEY FORGE INSURANCE COMPANY �CT�720�191� Effective Date: 0 4 / o i / 2 o i 9 Copyright CNA All Rights Reserved. Includes p s Office, Inc., with its permission. FRANCINE R. VILLAREAL CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) REVIEWED & APPROVED Policy No: 6076240904 Page 2 of 2 By Risk MANAgEMENT DIVISION VALLEY FORGE INSURANCE COMPANY Effective Date: 04 / 01 / 2 019 mn�mx Copyright CNA All Rights Reserved. Includes Office, Inc., with its permission. FRANCINE R. VILLAREAL CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. v 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. R REVIEWEDl � nnnr.V�-• CNA74705XX (1-15) By Risk MANAGEMENT DIVISION Policy No: 6076240904 VALLEY FORGE INSURANCE COMPANY 10C 17 2019 Effective Date: 04 / 01 / 2 019 Copyright CNA All Rights Reserved. Includes cp d h rtt rz ' Office, Inc., with its permission. FRANCINE R. VILLAREAL CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. REVIEWED & APPROVED CNA74705XX (1-15) By R;skMANAQEMENTDivNi0LN-- VALLEY FORGE INSURANCE COMPANY Copyright CNA All Rights Reserved Policy No 6076240904 OC P7 9nn { LUi9 Effective Date: 04/01/2019 Includes cFR rap .r�y`trr cu. Inc„ with its permission. Policy Number: 6076240904 CNA CNA PARAMOUNT Common Terms and Conditions The Insurer and the Named Insured, in consideration of the payment of the premium and in reliance upon all statements made in the application furnished to the Insurer designated in the Policy Declarations, a stock insurance corporation, hereafter called the "Insurer," agree as follows. Terms in bold face type have special meaning as set forth in any applicable First Party Glossary of Defined Terms or the applicable coverage parts of this Policy. All headings are also in bold, whether or not they contain defined terms. See Section XVI, HEADINGS below. 1 I. ASSIGNMENT OF INTEREST Assignment of interest under this Policy shall not bind the Insurer unless its consent is endorsed to this Policy except in the case of death of a natural person Named Insured. II. BANKRUPTCY Bankruptcy or insolvency of any Named Insured or of the Named Insured's estate shall not relieve the Insurer of any of its obligations hereunder. Ill. CANCELLATIONINONRENEWAL A. Insurer's Right to Cancel The Insurer may cancel this policy by providing to the First Named Insured written notice of such cancellation stating when, not less than 10 days thereafter, such cancellation shall be effective if such cancellation is due to non-payment of premium. If cancellation is due to any other reason, such notice shall be provided not less than 60 days thereafter. B. Named Insured's Right to Cancel The First Named Insured may cancel this Policy by providing the Insurer written notice stating when thereafter such cancellation shall be effective. The mailing or delivery of such notice shall be sufficient. C. Premium Refund If this policy is cancelled, the Insurer will send the First Named Insured any premium refund due. If the Insurer cancels, the refund will be pro rata. If the First Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. D. Nonrenewal If the Insurer decides not to offer any renewal terms for this Policy, the Insurer shall provide written notice to the Named Insured at least 60 days prior to the Policy expiration date. The notice shall include the reason for such non -renewal. E. Notices If any notice required under this Section is mailed, proof of mailing will be sufficient proof of notice. IV. CHANGES Notice to or knowledge possessed by any agent or other person acting on behalf of the Insurer shall not effect a waiver or a change in any part of this Policy or stop the Insurer from asserting any right under the provisions of this Policy, nor shall the provisions be waived or changed except by written endorsement issued to form a part of this Policy. V. CONFORMITY TO STATUTE Terms of these conditions or any coverage part that are in conflict with the statutes of the state in which this policy is issued are hereby amended to conform to such statut REVIEWED & APPROVED By Risk MANAGEMENT DiviSiON CNA62642XX 10-15 (� 7 019 Page 1 of 3 Copyright CN g �+ L F ANCINE R. VILIAR L CNA N. COORDINATION AMONG COVERAGE PARTS CNA PARAMOUNT Common Terms and Conditions Subject always to the applicable Limit of Liability, should two or more coverage parts apply to the same loss, the Insurer will not pay more than the Named Insured's actual loss. VII. COVERAGE PART TERMS AND CONDITIONS The terms and conditions of each coverage part apply only to that coverage part and shall not apply to any other coverage part. If any provision in the Common Terms and Conditions is inconsistent or in conflict with the terms and conditions of any coverage part, the terms and conditions of such coverage part shall control for purposes of that coverage part. VIII. CURRENCY All premiums, limits, deductibles and other amounts stated or payable under this Policy are expressed and payable in the currency of the United States of America. If any payments due under this Policy are stated or incurred in a currency other than United States of America dollars, payment under this Policy will be made in United States of America dollars, at the rate of exchange published in The Wall Street Journal on the date the Insurer's obligation to pay such amount is established (or, if not published on such date, the next publication date of The Wall Street Journal). IX. ENTIRE AGREEMENT The Named Insureds agree that this Policy constitutes the entire contract existing between them and the Insurer or any of its agents relating to this insurance. X. EXAMINATION OF THE INSUREDS BOOKS AND RECORDS The Insurer may examine and audit any Named Insured's books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. XI. INSPECTIONS AND SURVEYS The Insurer has the right but not the obligation to: A. make inspections and surveys at any time; B. provide reports on the conditions it finds; C. recommend changes; or D. conduct loss control and prevention activity. Any inspections, surveys, reports, or recommendations relate only to insurability and the premiums to be charged. The Insurer does not: 1. make safety inspections; 2. undertake to perform the duty of any entity to provide for the health or safety of workers or the public; 3. warrant that conditions are safe or healthful or comply with laws, regulations, codes or standards. XII. LIBERALIZATION If the Insurer adopts any revision that would broaden the coverage under this Policy without additional premium within 60 days prior to or during the policy period, the broadened coverage will immediately apply to this Policy. REVIEWED & APPROVED By Risk MANAGEMENT DiviSiON CNA62642XX 10-15 171019 Page 2 of 3 Copyright CNA All±!2FI FRANCINE R. VIL,IAREAL CNA XIII. NAMED INSURED AUTHORI7-4TION AND NOTICES CNA PARAMOUNT Common Terms and Conditions The First Named Insured agrees that it will act on behalf of all Named Insureds with respect to the giving of all notices to the Insurer, the receipt of notices from the Insurer, the payment of the premiums, the receipt of any return premiums that may become due under this Policy, and the acceptance of endorsements. Any notices required under the CANCELLATION / NON -RENEWAL sections of this Policy shall be provided to the First Named Insured at the last known address and to its insurance agent or broker. If notice is mailed, proof of mailing will be sufficient proof of notice. XIV. NO SUIT AGAINST INSURER A. No suit shall be brought under this Policy by anyone other than the Named Insured. The Named Insured may not bring any such suit, action or legal proceeding unless, as a condition precedent, there shall have been full compliance with all the provisions of this Policy and: 1. with respect to any property coverage part, the action is brought within 3 years after the date on which the loss or damage occurred or, with respect to any crime coverage, the date the loss was discovered; 2. with respect to any third party coverage part, the amount of the Named Insured's obligation to pay shall have been finally determined either by final and nonappealable judgment against the Named Insured after trial or by written agreement of the Named Insured, the claimant and the Insurer. However, if any law prohibits such time limitation then the limitation is amended to equal the minimum time limitation required by such law. B. No person or organization shall have any right under this Policy to join the Insurer as a party to any suit against the Named Insured to determine the Named Insured's liability, nor shall the Insurer be impleaded by the Named Insured or their legal representatives in any such suit. XV. TRADE AND ECONOMIC SANCTIONS This Policy does not provide coverage for any Named Insured, transactions, or any loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. XVI. HEADINGS The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage. IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its Chairman and Secretary at Chicago, Illinois, but the same shall not be binding upon the Insurer unless countersigned by a duly authorized representative of the Insurer. Chairman Secretary REVIEWED & APPROVED By Risk MANAGEMENT DIVISION ACT 17 2019 CNA62642XX 10-15 p Page 3 of 3 Copyright CNA All Rig A4F1 E R. VILLAREAL WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET 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). The additional premium for this endorsement shall be otherwise due. Person or Organization ANY PERSON/ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT 3 % of the total California Workers' Compensation premium Schedule Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/31/2018 Policy NoWSD 5020219 07 Endorsement No. Insured Premium $ INCL . Insurance Company INSURANCE COMPANY OF THE WEST � oNAW &-APPROVED By Risk MANAGEMENT Divi$iON WC 99 06 34 (Ed. 8-00) CT 1 M/-KA I IN IN S -1 RANCINE R. VILLAREAL Policy Number: PDCPP0010803 subject to the expiration of the Policy Period, any continuation of coverage for such newly acquired or created organization beyond 90 days after the effective date of such transaction will be subject to any additional terms and conditions, including additional premium, required by the Insurer; and 2. the Insureds will furnish all information regarding such transaction as the Insurer shall request. 20. WARRANTY BY THE INSURED By acceptance of this Policy, all Insureds agree that the statements contained in the application, any application for insurance of which this Policy is a renewal, and any supplemental materials submitted therewith are their agreements and representations, that they shall be deemed material to the risk assumed by the Insurer, and that this Policy is issued in reliance upon the truth thereof. Notwithstanding any provision to the contrary in the application or any application for insurance for which this Policy is a renewal, the misrepresentation or nondisclosure of any matter by the Insured or its agent in the application, any application for insurance of which this Policy is a renewal, or any supplemental materials submitted therewith, will render the Policy null and void and relieve the Insurer from all liability under the Policy. The application and any application for insurance of which this Policy is a renewal, and any supplemental materials submitted therewith are deemed incorporated into and made a part of this Policy. 21. CANCELLATION A. This Policy may be cancelled by the Named Insured by mailing to the Insurer's Representative listed in Item 10. of the Declarations a written notice stating when thereafter the cancellation shall be effective. The Insurer may cancel this Policy by mailing to the Named Insured at the address shown in Item 1. of the Declarations, a written notice stating when not less than 60 days thereafter such cancellation shall be effective. However, if the Insurer cancels this Policy because the Insured has failed to pay a premium when due, this Policy may be cancelled by the Insurer by mailing a written notice of cancellation to the Named Insured at the address shown in Item 1. Of the Declarations stating when not less than 10 days thereafter such cancellation shall be effective. The mailing of notice as aforementioned shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the Policy Period. Delivery (where permitted by law) of such written notice either by the Named Insured or by the Insurer shall be equivalent to mailing. B. If the Named Insured cancels this Policy, the Insurer shall retain the customary short rate proportion of the premium. C. If the Insurer cancels this Policy, earned premium shall be computed pro rata. D. Notwithstanding items B. and C. above, the premium shall be deemed fully -earned if any Claim or circumstance that might lead to a Claim is reported to the Insurer under this Policy. E. Premium adjustment may be made either at the effective date of cancellation or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 06 AEP0055 00 05 15 Page 20 of 22 REVIEWED & APPROVED By RISIC MANAGEMENT DIVISION 0 17 2019 FRANCINE R. VILLAREWL