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HomeMy WebLinkAboutVICON ENTERPRISESINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES UNCIL $ • l0. 9.e 22 CLERK OF DATE: A-2022-008-01 MAR 1 0 LOLL AGREEMENT TO PROVIDE ON -CALL WELDING SERVICES THIS AGREEMENT is made and entered into this 18th day of January 2022 by and between Vicon Enterprise Incorporated, 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"). d . PwA(4PMAAA6 FaeyiGt�tx)(�) I RECITALS A. On August 24, 2021, the City issued Request for Proposal No. 21-098, by which it sought a qualified contractor to provide on -call welding services for the Water Resource Division of the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-098. C. 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 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: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-098, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-098. The total compensation for services provided by all contractors selected Linder RFP No. 21-098 shall not exceed the shared aggregate amount of five hundred thousand dollars and zero cents ($500,000). 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 Page 1 of 10 expected by City. 3. TERM This Agreement shall commence on January 18, 2022 and terminate on January 17, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) 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 Page 2 of 10 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 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 general aggregate limit applies, either the general aggregate limit 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. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the 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 Page 3 of 10 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 2037 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. 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 waiver of 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 theContractor to 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. 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. Page 4 of 10 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. 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 therisk, 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. Page 5 of 10 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 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 Page 6 of 10 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: Cleric 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 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Vicon Enterprise Incorporated P.O. Box 18208 Anaheim, CA 92817 Attn: Telvis Artis, President 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. 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 Page 7 of 10 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 that 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. 17. 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 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 that 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. Page 8 of 10 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, 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: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [signatures continued on next page] Page 9 of 10 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney '11randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL �a 'eic- Nabi Saba, PE Executive Director Public Works Agency VICON ENTERPRISE, INC. Name: Telvis Artis Title: President Page 10 of 10 I lans.0 lc n, ..�e,.e..r,.... ..,........... Yllareal ACORDR Vllldlldl CERTIFICATE OF LIABILITY INSURANCE e0.TE IMMNO 1/24/2022 THIS CERTIFICATE IS ISSUEDAS 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 COV ERAGEAFFORDED BY THE POLICIES BELOW. THIS CERTIFICATEOF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURERS), 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, ce rtam policies may require an endorsement. A statement on this certificate does not confer rights to the Dort fhNste holder in fie of such ondors am a m(s). PRODUCER CONTACTNAME Carl Davidson Insurance Agency Carl Davidson Insurance Agency ac Ji Ea: (661)222-7319 FAx Wc, xa: (661)222-7232 25060 Avenue Stanford Ste. 270 E-NW` ADDRESS : carl@cdavidsoninsurance.com Valencia, CA 91355 INSURER(S) OFFORDINO CWERAOE NAIL« MSURERA: Kinsale Insurance Company 38920 INSURED INSURERS Vicon Enterprises Incorporated INSURER O: 5433 E Spyglass Way INSURER D: State Fund 35076 Anaheim, CA 92807 INSURER E: INSURER F: COVERAGES CERTIFICATE NUM BE : REV ISIr1N Na IMRPR- 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 SUBJECTTO ALL THE TERMS. EXCW SIONSAND CONDITIONS OF SUCH POLICIES. OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS0. LTR TYPE OF INSURAr10E ADDL SO SUER POLICYNUMEER POLICY EFF MMEDIYYYY POLICY ENP MMNO LIMITS xCOMMERCMLGEHERALLMBILRY CIAIMS.MApE Q OCCUR FACHCCCURRENCE E 1,000,000 PREMSES(Eemcvexxx) E 100,000 MEDBP(Npoxm—) $ PERSONAL6ADVINJURY E 1,000,000 A X X 0100160438-0 8/19/2021 8/19/2022 R N'LAGGREGNTE UMIT APPUES PER XPOMCY ❑ JECT ❑ LOC GENERAFAGGREGOTE E 2,000,000 PRODUCTS-COMPIOPAGG E 2,000,000 S OTHER'. AUTOMOBILE LIABILITY COMBINED SINGLE UMn coseeiaenl) $ BODRYINJURY(Pe,prsm) S ANYAUTO OWNED SCHEDULED AUTOSONLY AUTOS Parxtld,R BODILY INJURY ( 1 E HIRED NON-OV,NEO AUTOSONLY AUTOSONLY (Psnel TYDAMAGE (PeCFEHTI S E UMBRELLALWB X pCCUft FACHOCOURRENCE E 3,000,000 A X Excess LMB cLANa-MAnE X 0100169118-0 11/3/2021 11/3/2022 AGGNFGAIE 6 DED NETE"Y'SI E S WORKERS COMPENSATION V PEft OTH- ANDEMPLOYERS'LMBILT T.IN /� ETA WE I I ER EL EACH ACCIDENT S 1,000,000 D ANY PROPAETAUA A NERAE LCUTWE OFFICERIMEMBEREXCWDED] C NIA 9304121 8/21/2021 8/21/2022 EALDISFASE-EAEMPLOYEE S 1,000,000 (MonNMaryNNH) It , de'Wee uMx E.LDSEISE-FCUCYUMIT E 1,000,000 DESCRIPTION OF OPERATIONS CNN' DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (ADDED 1M, AdNkloeal RemeMs EsAvlUIS mas be tltaMetl N more spew Is mulms) City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and anv insurance carried by City shall be excess and noncontributory. 30 days notice of cancellation with 10 days notice for nonpayment of premium in accordance with the policy provisions. SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISION S. Risk Management Division AIITHORaED REPRESS20 Civic Center Plaza Santa Ana, CA 92702 ©1988-2015 ACORD CORPORA ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD REtnEWED & APPROeV,ED Br. 9MMZM'. ��� Ruk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100160438-0 08/13/202112:01AM at the Named Insured Vicon Enterprises Incorporated address shown on the Declarations Additional Premium: Return Premium: $0 1 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE A. SECTION II -WHO IS AN INSURED is amended to include any person or organization you are required to include as an Additional Insured on this Policy by written contract in effect during the policy period and executed prior to the "occurrence" of the "bodily injury' or "property damage", but only for the vicarious liability imposed on the Additional Insured provided that such liability is caused by the sole negligent conduct of the Named Insured and is proximately caused by "your work" or "your product" for the Additional Insured. However: 1. The insurance afforded to such Additional Insured only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract to provide for such Additional Insured. B. The insurance provided to the Additional Insured under this endorsement is limited as follows: 1. This insurance does not apply to "bodily injury" or "property damage" arising out of "your work" or "your product" included in the "products -completed operations hazard" unless you are required to provide such coverage by written contract. If such insurance is required by written contract, the insurance provided to the Additional Insured is limited to the alleged or actual vicarious liability imposed on the Additional Insured as a result of the alleged or actual negligent conduct of the Named Insured as a result of liability solely caused by "your work" or "your product" for the Additional Insured. 2. Any insurance provided by this endorsement to an Additional Insured shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory. 3. Where there is no duty to defend the Named Insured, there is no duty to defend the Additional Insured. Where there is no duty to indemnify the Named Insured, there is no duty to indemnify the Additional Insured 4. This insurance does not apply to "bodily injury" or "property damage," arising out of the sole negligence of the Additional Insured or any employees of the Additional Insured. CAS5010 0420 RiskMvugemrntDWiun c cREVIEWED & APPROVED 8r. r�M•µt.[ R. �:.U.tg4c� Risk Management Analyst C. With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III —LIMITS OF INSURANCE: The most we will pay on behalf of the Additional Insured is the amount of insurance: 1. Required by the written contract; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. D. Duties of the Additional Insured in the event of "occurrence", claim, or "suit": 1. The Additional Insured must promptly give notice of an "occurrence", a claim which is made, or a "suit" to any other insurer which has insurance for a loss to which this insurance may apply. 2. The Additional Insured must promptly tender the defense of any claim made or "suit" to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5010 0420 Ride Mmuganen[ Division s REmEwm & AreRov® Br. Fit a R. Vj&44d Rnk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -BLANKET Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100160438-0 02/10/2022 12:01AM at the Named Insured Vicon Enterprises Incorporated address shown on the Declarations Additional Premium: Return Premium: $250 Policy Change Number: 1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE SECTION IV — CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of "your work" done under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS4002 0110 RA Mw ganed Divisixt REVIEWED&APPRovEDBy: ? Facs.c:�.e ' .Z. Ua" MR Risk Management Analyst KINSALE INSURANCE COMPANY 2035 Maywill Street, Suite 100 Richmond, VA 23230 COMMERCIAL EXCESS LIABILITY DECLARATIONS Policy Number: 0100169118-0 Producer Number: 10401 Name and Address: RSG Specialty, LLC - Irvine, CA 2601 Main Street, Suite 450 Irvine, CA 92614 NAMED INSURED: %icon Enterprises Incorporated MAILING ADDRESS: 5433 E Spyglass Way Anaheim, CA 92807 POLICY PERIOD: FROM 11/03/2021 TO 08/13/2022 at 12:01 AM at the address of the named insured as shown above. 1. LIMITS OF INSURANCE =ach Occurrence: $2,000,00C 4nnualAggregate: $2,000,OOC 2. SCHEDULE OF UNDERLYING INSURANCE Schedule of Underlying Insurance: Refer to CAX1001, SCHEDULE OF UNDERLYING INSURANCE 3. PREMIUM Total Premium (Deposit Premium): $3,500 Company Fee: CA - Surplus Lines Tax- $112.50 $250 Total Payable at Inception: CA- Stamping Office Fee- $9.38 $3,750 It. DESCRIPTION OF BUSINESS DESCRIPTION OF OPERATIONS: Fabrication and Installation Services 3usiness Type: Corporation S. FORMS AND ENDORSEMENTS iefer to ADF4001, SCHEDULE OF FORMS S. AUDIT 3olicy Subject To Audit: Y Audit Period: Annual rwe RNI Management DWim REviewm &APPRovim BBy.,f MNYrf1 R. vj&4 Ri Rtsk Management Analyst CAX10000521 SCHEDULE OF UNDERLYING INSURANCE Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100169118-0 11/03/202112:01AM at the Named Insured Vicon Enterprises Incorporated address shown on the Declarations Additional Premium: Return Premium: $0 1 $0 PRIMARY INSURANCE: Policy Type: General Liability Issuing Company: Kinsale Insurance Company Limits of Insurance: Policy Number: 0100160438-0 Each Occurrence/Claim: $1,000,000 Policy Dates: 08/13/2021 - 08/13/2022 General Aggregate: $2,000,000 Coverage Form: Occurrence Products/Completed Operations Aggregate: $2,000,000 Retroactive Date: n/a Personal and Advertising Injury Limit: Excluded (claims made policy only) CAX10010521 •-, RIAMnrgemmt Dh4dm REAEwED 6 APPaw® Sr. a�� Risk Management Analyst CERTIFICATE OF LIABILITY INSURANCE DADD/YYYY) D1/2412/24/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PNCNN Ex[:(855)222-5919 aX No Next First Insurance Agency, Inc. PO BOX 60787 E-MAIL ADDRESS: support@nextinsurance.com Palo Alto, CA 94306 INSURERS AFFORDING COVERAGE NAIC# INSURERA: State National Insurance Company, Inc. 12831 INSURED INSURER B VICON ENTERPRISE INC 5433 E Spyglass Way INSURER C: INSURER D Anaheim, CA 92807 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 1036729 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 LTR OF INSURANCE ADDLSUBRTYPE INSD Me POLICYNUMBER EFF MMIODPOLICY IYYYY MMIDDPOLICY EXP ITYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR D AMAER PREMISGESTOEaE occurzence $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE Is PRO- POLICY PRO- ❑ LOC PRODUCTS -COMPIOP AGO $ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $1,000,000.00 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS X NXTR9H44QX-0O-CA 09/28/2021 09/28/2022 BODILY INJURY(Peranddenl) $ X PROPERTYDAMAGE Par accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICEWMEMBEREXCLUDE04 ❑ NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is an Additional Insured on the Commercial Automobile policy per the Blanket Additional Insured Endorsement. All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA Risk Management Division SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana, CA 92702 ACCORDANCE WITH THE POLICY PROVISIONS. U mrN vugm a¢uofa#r REVIEWED & APPROVED Br. ©1988-2015 ACORD C `I I, . ' f,�;,K P, vit" A( ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD �' Risk Management Analyst NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Vicon Enterprises Incorporated Name: Project A-2022-008-01 Number: Project Agreement To Provide On-Call Welding Services Name: 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 TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE Vicon_COI to AUTOMOBILE LIABILITY 504610181250001 09/29/2023 09/27/2022 City of Santa Ana.pdf Vicon_2022 COI GENERAL LIABILITY 01001604380 08/19/2023 10/06/2022 to City of Santa Ana.pdf Vicon_Revised WORKERS COMPENSATION AND 9304122 08/21/2023 08/17/2022 2022 COI to City EMPLOYERS' LIABILITY of Santa Ana.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Vicon Enterprises Incorporated Name: Project A-2022-008-01 Number: Project Agreement To Provide On-Call Welding Services Name: The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: POLICY EXPIRATION COI TYPE OF INSURANCE FILE NAME NUMBER DATE DATE Vicon_2023 AUTOMOBILE LIABILITY 504610181250001 09/29/2024 08/08/2022 COI to City of Santa Ana.pdf Vicon_Revised 2023 COI to GENERAL LIABILITY 01001604382 08/13/2024 08/15/2023 City of Santa Ana.pdf Vicon_2023 WORKERS COMPENSATION AND 930412123 08/21/2024 08/08/2022 COI to City of EMPLOYERS' LIABILITY Santa Ana.pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1/16/2024 5:44 PM CzDzouijbNpsbbu9;3:bn-Opw37-3135 CzDzouijbNpsbbu9;3:bn-Opw37-3135 CzDzouijbNpsbbu9;3:bn-Opw37-3135 CzDzouijbNpsbbu9;3:bn-Opw37-3135 CzDzouijbNpsbbu9;3:bn-Opw37-3135 CzDzouijbNpsbbu9;3:bn-Opw37-3135