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HomeMy WebLinkAboutENERGY EXPERT INTERNATIONALINSURANCE ON RLE P-2021-252 WORK „, I;W PPXFED UN I FIRES CL AGREEMENT TO PROVIDE VALVE AND ACTUATOR SERVICES THIS AGREEMENT is made and entered into this 15th day of December, 2021 by and between Energy Experts International, a California corporation ("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 ("City"). City and Contractor may be collectively referred to as the "Parties" or individually as a "Party." � TOR 6MAY,gi<Mitt:0001.T. RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of valve and actuator repair services for the Water Resources Division, Public Works Agency. N O "1 B. Contractor represents that it is able to provide the services described in the scope of work. tC. 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 contracting fmn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Quote — Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A and the Rate Schedule — Exhibit B, attached hereto and incorporated by reference. The total sum to be expended under the term of this Agreement, including any extension period, shall not exceed fifty thousand dollars and zero cents ($50,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 14, 2022, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may Page 1 of 9 be extended by the City Manager for up to a 1-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES 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. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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 7. 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: a. Minimum Scope and Limit of Insurance Page 2 of 9 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. 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 $2,000,000 per claim with $2,000,000 in the aggregate. higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City, b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Page 3 of 9 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractorrto purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be -placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. Page 4 of 9 The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. 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 Page 5 of 9 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. 11. 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. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) Page 6 of 9 P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Energy Experts International 37310 Cedar Blvd. Suite E Newark, CA 94560 Attn: Ken Butler 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. hi 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 instrunent 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. 15. 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 7 of 9 17. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination, In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be 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. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. 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 Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, Page 8 of 9 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: Gomez of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: �' Br n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabd Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Name: Ken Butler Title: General Manager Page 9 of 9 2 EXHIBIT A Santa Ana 16" Rockwell Valve Repair by way of GPC-002 Santa Ana Public Works Agency Robert Gonzales, Fallon Franklin 220 S. Daisy Ave (M-85) Santa Ana, Ca 92703 Phone - Fallon (714) 647-3378 Cell - Robert (714) 349-3444 Email: RGonzalessanta-ana.orp. Ffranklin(b)santa-ana.on REVISED Effective Date: Friday 11/12/2021 (Oringal Effective Date: Tuesday 10/26/2021) PLEASE READ: THIS IS A QUOTE, DUE TO ACTUAL HOURS AND PARTS USED. WHICH WILL ALL BE CHARGED AT THE COMPLFTION OF THE .Ina WO# Quantity Description / Scope of Work Price Each Extended Price 1 Work that has already been done: Loading 16" Rockwell, and bringing back to $11,190.00 Newark, Ca, EEI shop for repairing Technician 1 Night Hotel Stay $140.73 Mileage $226.24 MISC Parts Used: Bolting, Kroil, Painting $160.00 1 Travel and time to install 16" Rockwell Valve Labor: 3 Men x 3 Days on jobsite $7,920.00 1 Supervisor Travel/Mileage (1 Truck) $913.92 2 Technicians Travel /Mileage (1 Truck) $913.92 Estimated Hotel Stay: 3 Men x 4 Nights $1,700.00 MISC Parts Used: Bolting Studs 8 2 Nuts $480.00 Gaskets 6 Grease $129.54 NOTE: Net: 45 Days Prices will be honored for duration of your annual agreement Grand Total $23,764.35 $0.00 Thank you for the opportunity to quote your repair needs! Ken Butler EXHIBIT B ti Energy Experts International 555 Twin Dolphin Drive Ste. 150 Redwood City, Ca 94065 Tel: (650) 593-4261 Fax: (650) 593-4271 NWK Shop Rate Schedule EEI Rates Effective: July 1, 2021 through December 31, 2021 Supervisor & Technician Services Classification Billing Rate (US $/Hr.) Ken B. Supervisor -Straight Time (ST) $130.00 Supervisor -Over Time (OT) $195.00 Supervisor - Double Time (DT) $260.00 Randall L. & Rolando R. Technician - Straight Time (ST) _ $100.00 Technician -Over Time (OT) $150.00 Technician - Double Time (DT) $200.00 Minimum Call Out Rate 4 Hours OTHER DIRECTAND INDIRECT COSTS AND RATES 1. Company Vehicle Mileage, and Personal Vehicles used for company business will be invoiced at the currently effective IRS Mileage. This rate is currently $0.56 per mile. 2. The rates in this rate sheet DO NOT INCLUDE TAX, - Unless Tax Exemption Certificate is provided. Tax will be added and charged where applicable 3. Other Direct Costs will be invoiced at cost, plus 10% 4. Subcontracted services will be invoiced at cost, plus 10% 5. Travel expenses will be invoiced at cost Energy Experts International 37310 Cedar Blvd, Ste. E Newark, Ca 94560 Energy Experts International General Manager, Valve and Actuation Dept. 37310 Cedar Blvd. Suite E Newark, CA 94560 Office: 510,574.1822 Phone: 510,589.8125 Email: KButler@eeintl.com California Contractors License #1013193 DigiOtly 11910 by Frantine R. Francine R. Villareal miiareai 1 CKCKG-3 A� or CERTIFICATE OF LIABILITY INSURANCE _—___.____. r _Cl­ D 11118/OD/YYYY) 11/18/2021 THIS CERTIFICATE 15 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 endorsements . PRODUCER 430-368-5222 HILL INSURANCE SERVICES 14301 N 87th Street S# 115 NDNTACT Casie Crocker PHONE 480-368a222 FAx AIC, N., EaI : (A/C, Ne):480-368-1862 Scottsdale, AZ 85260 Casie Lee CrockerADDRESS' E-MAIL INSURERS AFFORDING COVERAGE NAIC M INSURER A: Everest National Ins INSURED Energy Experts International MikeWatanabe 555 Twin Dolphin Dr, Ste 150 Redwood City, CA 94065 INSURER B: RSUI Indemnity CO INSURER C: Certain Underwriters at Lloyds 2012 INSURER D : Kinsale Insurance Company INSURER E: Houston Casualty Co INSURER F COVFRA G FS CPATILICATC M"AADCD. _ _—••••• _••�•-�••"�••• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OFINSURANCE ADDL SUER POLICY NUMBER POLICYEFF MM/OD POLICYEXP MM/00 LIMITS A C D X COMMERCUILGENERALLUIBILITY CLAIMS -MADE OCCUR Prof Liab CM X ENIML00003.211 10143L210346-$2 MIL AG/CL 0100085841-2$3 MIL XS 08/01/2021 04/1312021 04/1312021 08/0112022 04/13/2022 04/13/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100,000 $ 5,000 X MED EXP (Am one erson X xis Prof Liab CM PERSONAL A ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLI ES PER POLICY ❑X JELQT �LOC GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGO $ 2,000,000 EO =SINGLE LIMIT $ 1,000,000 A OTHER: AUTOMOBILE LIABILITY BODILY INJURY Per erson ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS ��q ooNN WW X A OS ONLY X AUTO1 ONLB X ENl ML00003-211 08/0112021 08101/2022 BODILY INJURY Per accitlenl $ Pe�acdtlen� AMAGE $ A X UMBRELLA QAB EXCESS LIAR X OCCUR CLAIMS -MADE EN1C000003-211 08/01/2021 08/01/2022 EACH OCCURRENCE $ 5,000,00U AGGREGATE $ 5,000,000 DEO I I RETENTION$ A ANR EMPS COMPENSYERS'AA IIOry LI ANYPROPRIETORIPARTNER/EXECUTIVE YIN (FF.1tlEJ.%JMBER EXCLUDED? �N N /A X ENlWC00002-211 08/01/2021 08101/2022 X PER 01H- E.L. EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYE $ 1,000,000 E B lfrs aory nNH) If yes, describe untler DESCRIPTION OF OPERATIONS below Cyber Liab WE Umb H21NGP206843.00 LHA252120 03101/2021 08/01/2021 03101/2022 08/01/2022 E.L. DISEASE - POLICY LIMIT Cyber Agg Xs Umb Ag 1,000,000 10,000,000 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Add]U.nal Remarks S.hedule, maybe allaehed it mare spec. is required) CONSULTANTS. CITY OF SANTA ANA, ITS OFFICERS OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURE6 WITH RESPECTS TO THE GENERAL LIABILITY AND AUTO PER WRITTEN CONTRACT. COVERAGE IS PRIMARY NOW CONTRIBUTORY. WAIVER OF SUBROGATION APPLIES WITH RESPECST TO THE WORKERS COMP. 30-DAY NOTICE OF CANCELLATION APPLIES. -11 CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA 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 ca.....1 c� ACORD 25 (2016103) ©1988-2015 ACORD C The ACORD name and logo are registered marks of ACORD �9 REVIEWED �Rcrvway: �T. Risk Management Anays[ POLICY NUMBER: ENlML00003-211 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Blanket where required by written contract. I Blanket where required by written contract. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 RI kM,,gmwdDhisiun REMEWm&APPROV®BY. ��r Risk Management Analyst POLICY NUMBER: ENlML00003-211 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations Blanket where required by written contract. Blanket where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work' at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the 'products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 fy.w,:n.e 2. V:lL�nu[ Ruk klanagenrent Mallpt POLICY NUMBER: EN1 ML00003-211 ECG 24 588 12 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY PROVISION - YOUR ONGOING AND/OR COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLES POLLUTION LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (Section IV) is amended by the addition of the following: If other liability insurance similar to this insurance listing as a Named Insured a person or organization that is: a. An owner of real or personal property on which you are performing operations; or b. A contractor on whose behalf you are performing operations, and this policy names those persons or organizations as additional insureds for those operations, then this insur- ance is primary to that other insurance, and that other insurance shall not contribute to amounts payable under this insurance, for liability arising out of your ongoing and/or completed operations performed for that person or organization under a written contract which requires that this insurance be primary. However, this does not apply if the written contract was not executed prior to the date that your operations for that person or organization com- menced. ECG 24 588 12 15 Copyright Everest Reinsurance Company, 2015 Includes copyrighted material of Insurance Services Office, Inc., wi its permission. Page 1 of 1 ❑ Risk MarwgmadDM.Ion REnE�o & APPROVE] Br �' R.k Management Analyst WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any party with whom the insured agrees to waive subrogation in a written contract. 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 08/O1/2021 Policy NO.EN1 WC00002-211 Endorsement No. Insured Premium Energy Experts International Insurance Company Countersigned by Everest Premier Insurance Company WC 00 03 13 (Ed. 4-84) WeltMsoarwdDM9Ion y i?FMe&msAPPRW®BY: ® 1983 National Council on compensation Insurance. fu4y,(,u Z Vd �'. - Risk Managemen[Malys[ '-' Ejhjubmmz! Bohjf! tjhofe!cz! Bohjf!Bdfwfep! Bdfwf Ebuf;! 3133/15/32! 1:;46;21!.18(11( ep POLICYNUMBER:COMMERCIALGENERALLIABILITY CG2010070 4 THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. ADDITIONALINSUREDÎOWNERS,LESSEESORADDITIONALINSUREDÎOWNERS,LESSEESOR CONTRACTORSÎSCHEDULEDPERSONORCONTRACTORSÎSCHEDULEDPERSONOR ORGANIZATION Thisendorsementmodifiesinsuranceprovidedunderthefollowing: COMMERCIALGENERALLIABILITYCOVERAGEPART SCHEDULE NameOfAdditionalInsuredPerson(s) OrOrganization(s):Location(s)OfCoveredOperations Blanketwhererequiredbywrittencontract. Blanketwhererequiredbywrittencontract. InformationrequiredtocompletethisSchedule,ifnotshownabove,willbeshownintheDeclarations. A.SectionIIÎWhoIsAnInsured isamendedto B.Withrespecttotheinsuranceaffordedtothese includeasanadditionalinsuredtheperson(s)oradditionalinsureds,thefollowingadditionalexclu- organization(s)shownintheSchedule,butonlysionsapply: withrespecttoliabilityfor"bodilyinjury","property Thisinsurancedoesnotapplyto"bodilyinjury"or damage"or"personalandadvertisinginjury" "propertydamage"occurringafter: caused,inwholeorinpart,by: 1.Allwork,includingmaterials,partsorequip- 1.Youractsoromissions;or mentfurnishedinconnectionwithsuchwork, 2.Theactsoromissionsofthoseactingonyourontheproject(otherthanservice,maintenance behalf;orrepairs)tobeperformedbyoronbehalfof theadditionalinsured(s)atthelocationofthe intheperformanceofyourongoingoperationsfor coveredoperationshasbeencompleted;or theadditionalinsured(s)atthelocation(s)desig- natedabove.2.Thatportionof"yourwork"outofwhichthe injuryordamageariseshasbeenputtoitsin- tendedusebyanypersonororganizationother thananothercontractororsubcontractoren- gagedinperformingoperationsforaprincipal asapartofthesameproject. CG20100704©ISOProperties,Inc.,2004 Page1of1 POLICYNUMBER:COMMERCIALGENERALLIABILITY CG2037070 4 THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. ADDITIONALINSUREDÎOWNERS,LESSEESOR CONTRACTORSÎCOMPLETEDOPERATIONS Thisendorsementmodifiesinsuranceprovidedunderthefollowing: COMMERCIALGENERALLIABILITYCOVERAGEPART SCHEDULE NameOfAdditionalInsuredPerson(s) OrOrgani zation(s):LocationAndDescriptionOfCompletedOperations Blanketwhererequiredbywrittencontract. Blanketwhererequiredbywrittencontract. InformationrequiredtocompletethisSchedule,ifnotshownabove,willbeshownintheDeclarations. SectionIIÎWhoIsAnInsured isamendedto includeasanadditionalinsuredtheperson(s)or organization(s)shownintheSchedule,butonlywith respecttoliabilityfor"bodilyinjury"or"propertydam- age"caused,inwholeorinpart,by"yourwork"at thelocationdesignatedanddescribedinthesched- uleofthisendorsementperformedforthatadditional insuredandincludedinthe"products-completed operationshazard". CG20370704©ISOProperties,Inc.,2004 Page1of1 ECG 24 5881215 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY PROVISION PRIMARY AND NONCONTRIBUTORY PROVISION PRIMARY AND NONCONTRIBUTORY PROVISION ÎÎ YOUR YOUR YOUR ONGOING AND/OR COMPLETED OPERATIONS ONGOING AND/OR COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLES POLLUTION LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (SectionIV) is amended by the addition of the following: If other liability insurance similar to this insurance listing as a Named Insured a person or organization that is: a.An owner of real or personal property on which you are performing operations; or b.A contractor on whose behalf you are performing operations, and this policy names those persons or organizations as additional insureds for those operations, then this insur- ance is primary to that other insurance, and that other insurance shall not contribute to amounts payable under this insurance, for liability arising out of your ongoing and/or completed operations performed for that person or organization under a written contract which requires that this insurance be primary. However, this does not apply if the written contract was not executed prior to the date that your operations for that person or organization com- menced. ECG 24 5881215Copyright Everest Reinsurance Company, 2015Page 1of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ECG 24 50606 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLE POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1.An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if that request is made prior to the date your operations for that person or organization commenced; or 2.A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if that request is made prior to the date your operations for that person or organization commenced. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV Î CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ECG 24 506 06 15Copyright, Everest Reinsurance Company, 2015Page 1of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICYWC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 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.) Policy No.Endorsement No. Endorsement Premium Insured Countersigned by___________________________________________ Insurance Company WC 00 03 13 (Ed. 4-84) 1983 National Council on Compensation Insurance. Ejhjubmmz!tjhofe! Bohjf! cz!Bohjf! Bdfwfep! Bdfwfe Ebuf;! 3133/19/33! p 28;26;15!.18(11( POLICYNUMBER:COMMERCIALGENERALLIABILITY CG2010070 4 THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. ORGANIZATION Thisendorsementmodifiesinsuranceprovidedunderthefollowing: COMMERCIALGENERALLIABILITYCOVERAGEPART SCHEDULE NameOfAdditionalInsuredPerson(s) OrOrganization(s):Location(s)OfCoveredOperations Blanketwhererequiredbywrittencontract. Blanketwhererequiredbywrittencontract. InformationrequiredtocompletethisSchedule,ifnotshownabove,willbeshownintheDeclarations. isamendedto B.Withrespecttotheinsuranceaffordedtothese includeasanadditionalinsuredtheperson(s)oradditionalinsureds,thefollowingadditionalexclu- organization(s)shownintheSchedule,butonlysionsapply: withrespecttoliabilityfor"bodilyinjury","property Thisinsurancedoesnotapplyto"bodilyinjury"or damage"or"personalandadvertisinginjury" "propertydamage"occurringafter: caused,inwholeorinpart,by: 1.Allwork,includingmaterials,partsorequip- 1.Youractsoromissions;or mentfurnishedinconnectionwithsuchwork, 2.Theactsoromissionsofthoseactingonyourontheproject(otherthanservice,maintenance behalf;orrepairs)tobeperformedbyoronbehalfof theadditionalinsured(s)atthelocationofthe intheperformanceofyourongoingoperationsfor coveredoperationshasbeencompleted;or theadditionalinsured(s)atthelocation(s)desig- natedabove.2.Thatportionof"yourwork"outofwhichthe injuryordamageariseshasbeenputtoitsin- tendedusebyanypersonororganizationother thananothercontractororsubcontractoren- gagedinperformingoperationsforaprincipal asapartofthesameproject. CG20100704©ISOProperties,Inc.,2004 Page1of1 POLICYNUMBER:COMMERCIALGENERALLIABILITY CG2037070 4 THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. Thisendorsementmodifiesinsuranceprovidedunderthefollowing: COMMERCIALGENERALLIABILITYCOVERAGEPART SCHEDULE NameOfAdditionalInsuredPerson(s) OrOrgani zation(s):LocationAndDescriptionOfCompletedOperations Blanketwhererequiredbywrittencontract. Blanketwhererequiredbywrittencontract. InformationrequiredtocompletethisSchedule,ifnotshownabove,willbeshownintheDeclarations. isamendedto includeasanadditionalinsuredtheperson(s)or organization(s)shownintheSchedule,butonlywith respecttoliabilityfor"bodilyinjury"or"propertydam- age"caused,inwholeorinpart,by"yourwork"at thelocationdesignatedanddescribedinthesched- uleofthisendorsementperformedforthatadditional insuredandincludedinthe"products-completed operationshazard". CG20370704©ISOProperties,Inc.,2004 Page1of1 ECG 24 5881215 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY PROVISION Î YOUR ONGOING AND/OR COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLES POLLUTION LIABILITY COVERAGE PART Paragraph 4., Other Insurance of Conditions (SectionIV) is amended by the addition of the following: If other liability insurance similar to this insurance listing as a Named Insured a person or organization that is: a.An owner of real or personal property on which you are performing operations; or b.A contractor on whose behalf you are performing operations, and this policy names those persons or organizations as additional insureds for those operations, then this insur- ance is primary to that other insurance, and that other insurance shall not contribute to amounts payable under this insurance, for liability arising out of your ongoing and/or completed operations performed for that person or organization under a written contract which requires that this insurance be primary. However, this does not apply if the written contract was not executed prior to the date that your operations for that person or organization com- menced. ECG 24 5881215Copyright Everest Reinsurance Company, 2015Page 1of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ECG 24 50606 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART MOTOR VEHICLE POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1.An owner of real or personal property on which you are performing operations, but only at the specific writ- ten request by that person or organization to you, and only if that request is made prior to the date your operations for that person or organization commenced; or 2.A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if that request is made prior to the date your operations for that person or organization commenced. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV Î CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ECG 24 506 06 15Copyright, Everest Reinsurance Company, 2015Page 1of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICYWC 00 03 13 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 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.) Policy No.Endorsement No. Endorsement Premium Insured Countersigned by___________________________________________ Insurance Company WC 00 03 13 (Ed. 4-84) 1983 National Council on Compensation Insurance. NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Energy Experts International Name: Project N-2021-252-01 Number: Project Extension of Agreement #N-2021-252 for Value and Actuator Name: Services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION COI TYPE OF INSURANCE FILE NAME NUMBER DATE DATE ENERG 2324 PCKG AUTOMOBILE LIABILITY EN1ML00062231 08/01/2024 08/01/2023 CERT_SANTA_ANA.pdf ENERG 2324 PCKG GENERAL LIABILITY EN1ML00062231 08/01/2024 08/14/2023 CERT_SANTA_ANA REV.pdf WORKERS ENERG 2324 PCKG COMPENSATION AND EN1WC00026231 08/01/2024 08/01/2023 CERT_SANTA_ANA.pdf EMPLOYERS' LIABILITY ENERG-2324 EO X/S PROF LIAB 01000858414 04/13/2024 04/14/2023 CERT_SANTA_ANA.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 8/16/2023 12:37 PM