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HomeMy WebLinkAboutPROFESSIONAL ACCESS CCTV & ELECTRICAL, INC. (PROPRIETARY ACCESS CONTROL ENTERPRISES, INC.)INSURANCE ON FILE WORK MAY PROCEED N-2024-151 UNTIL INSURANCE EXPIRES Let 2(0l 2014 CITY CL%y DATE 0 3 2024 o L.000) AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 4X PROPRIETARY ACCESS CONTROL ENTERPRISES, INC., DBA PROFESSIONAL ACCESS CCTV & ELECTRICAL, INC., FOR ACCESS CONTROL SYSTEM SERVICES THIS AGREEMENT is made and entered into on this 8th day of April, 2024 by and between Proprietary Access Control enterprises, Inc., a California corporation dba Professional Access CCTV & Electrical, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of access control systems to assist the City's Library review of drawings, specifications, and integration of access control systems for the Main Library and Newhope Library capital improvement projects. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, 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 scope of services for the Main Library, attached hereto as Exhibit A and incorporated by reference, as well as the scope of services for the Newhope Library, attached hereto as Exhibit B and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A and Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed Forty -Three Thousand, Six Hundred Seventy -One Dollars and 81/100 ($43,671.81). 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. City and Consultant agree that all payments due and owing under this Agreement shall be made Page 1 of 10 #19793v7 through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. c. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and shall expire on December 31, 2026, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all 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. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement, against claims for injuries to persons or damage to property Page 2 of 10 #19793v7 which may arise form or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office ("ISO") 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 $1,000,000 per occurrence and $2,000,000 aggregate. (2) Automobile Liability (AL). ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant 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 (W/C). 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) Broader Coverage. If the Consultant 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 Consultant. 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 The above required insurance policies are to contain or be endorsed to contain the following provisions: (1) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and AL policies, required above, with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. (2) Waiver of Subrogation. Consultant's insurance company(ies) agree(s) to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which may arise from work performed by Consultant under this Agreement. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (3) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary and any insurance or self-insurance Page 3 of 10 #19793v7 maintained by City, its City Council, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (4) Severability. A severability of interest provision must apply for all the additional insured, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. (5) Notice of Cancellation. Insurance policy(ies) herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment. (6) Certificate Holder. The Certificate Holder on each Evidence of the Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. C. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. City may require Consultant 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. d. 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. e. Verification of Coverage. Consultant 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 Consultant'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. Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: (1) The retroactive date must be shown and must be before the date of the contract or the beginning of work. Page 4 of 10 #19793v7 (2) Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. (3) 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, Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. g. Subcontractors. Consultant shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub -contractors. h. 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. 7. INDEMNIFICATION Consultant 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 Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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 Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 5 of 10 #19793v7 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 6 of 10 #19793v7 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 10 #19793v7 17. 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. 18. PROFESSIONAL LICENSES Consultant 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. Consultant 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. 19. 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Library Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Page 8 of 10 #19793v7 To Consultant: Proprietary Access Control Enterprises, Inc., dba Professional Access CCTV & Electrical, Inc. Attn: Ray. Downs, President 22845 Savi Ranch Pkwy, Unit A Yorba Linda, CA 92887 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signature Page Follows] Page 9 of 10 #19793v7 N-2024-151 SIGNATURE PAGE FOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PROPRIETARY ACCESS CONTROL ENTERPRISES, INC., DBA PROFESSIONAL ACCESS CCTV & ELECTRICAL, INC., FOR ACCESS CONTROL SYSTEM SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 1lRaw APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: L Br n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: 4L .S .— Brian Stemberg Executive Director Library Services Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT: �aN 7bWNf Ray Downs President Page 10 of 10 #19793v7 EXHIBIT A MAIN LIBRARY SCOPE OF SERVICES AND COMPENSATION PROFESSIONAL ACCESS CCTV & ELECTRICAL ACO4136•C10-740709 March 19, 2024 Proposal8304RD-03152024(MAIN) COSA Main Library Access Control System Specification Creation Maria Castro Senior Management Analyst 122 N. Newhope St., Santa Ana, Ca 92703 714-6475269 mcastro5 esanta-a nd.org RE: PACE was requested to submit a proposal to Provide Specification Documentation and Installation Oversight with Material Guidance for the City of Santa Ana's Main Library's AMAG Access Control Installation. All work to be located at 26 Civic Center Plaza Santa Ana, CA 92701 Dear Mrs. Maria Castro: Thank you for the opportunity to present this proposal. The Management, Sales, Engineering, Operations and Service Departments at PACE devote a great deal of time to investigate, document and preserve (digitally), design and engineer the integrated systems that we propose. We provide a cost efficient, complete system that will accomplish and fulfill your requirements at a fair price! You have our assurance that the systems proposed will be installed correctly and efficiently. They will be tested and verified as operationally correct. PACE Project Managers and Installation Technicians are certified and trained on all of the equipment that we install. 'P.A.C.E does it right... And we do it right the first timel' You will receive operational and administrative training for the installed equipment. Additional training is available upon request. If you have any questions concerning this proposal, please feel free to contact me at (714) 455-2148, or on my cell at (714) 402-7223 Sincerely, !Z�'Ymond Z gowns Raymond E. Downs President 22845 SA VI RANCH PKWY, UNIT A, YORBA LINDA CA 92887 PHONE: 714-455-2148 • FAX: 714-492-8808 Proposal 8304RD-03152024 COSA Main Library Access Sys PM March 19, 2024 SCOPE PACE has been requested to provide a value to the city of Santa Ana to help provide clarity as to the installation of the AMAG Access Control system and all its associated elements. PACE will be acting as a consulting and management component to the project to ensure that the system is installed as per the cities direction and the system operates as intended to provide security and accountability to the accessibility of the library. As part of this proposal paste will outline the information to be provided to the perspective bidders to.ensure that all values presented for the systems installation we'll meet the expectations of the desired operation and to ensure the products use will meet their intended compatibility with the main AMAG system. Project Details: As part of this proposal PACE is prepared to provide the following services and management of the city of Santa Ana's New Hope libraries installation of the access control system and associated components such as locking hardware and other automated controls within the scope of the access control systems capability. PACE has reviewed the drawings provided for the remodeling of the library. PACE is noting that at this time a full specification document has not been created or was not provided for review at this time. PACE will provide the needed information for the Division 28 Information for the Access Control Portion of the system as well as a concise list of the access control components that will be used for the project. PACE will work with the architect to provide the needed Material Data sheets for all needed Access control components as well as 'Best Practices' installation details for the access control equipment to meet the COSA standards all ready in play at the City hall. This can be provided in the form of drawings for the incorporation in to the Architects drawings for the security system component, PACE had noted that the drawings would need some equipment information changes to match the C.O.S.A.'s equipment types in use so the credentials can be shard between all city facilities. PACE will do the same for the Division 8 Section for the provision of the electrified hardware and will work with the architect to provide a concise list of the door hardware for the "Electrified Hardware" that will be controlled by the AMAG Access control System. This will be provided in the form of a Hardware schedule for those doors by door number as well. PACE will ensure to work with the architect to ensure the specifications of the operational element is met, but also the desired aesthetics of the hardware to match the overall design of the Library. Management and Project Oversight. As part of PACE's role, it has reviewed these sections and will as part of this proposal, provide a concise list of materials associated with the installation of the access control system to ensure that all materials have been clearly identified as to their model numbers and specifics. This will be provided to the Architect for incorporation in to the Division 8 and 28 Sections. This will ensure that prospective bidders are providing exactly what the city of Santa Ana needs as well as removing speculation and interpretation of some of the verbiage of these two sections. Below will be a list of elements and guidance that PACE will provide as part of this value to ensure that the city of Santa Ana has these specific system and components installed that match there recently installed system at City Hall as well as the intent of the operation. Below is the Information that PACE will be providing: • PACE will provide Constructability review of the project plans to ensure the equipment ids compatible the proposed infrastructure • Specific part numbers and model numbers of the AMAG equipment that will match the city of Santa Anas existing equipment deployment within the City Hall. • Specific part numbers and model numbers of the card readers that are to be used at each door and location we're an access control point is to be located. • Specific part numbers and model numbers of the power supplies that are utilized to power the door locks which are predominantly low voltage which will centralized the Power Distribution to these devices. Page # 2 Proposal 8304RD-03152024 COSA Main Library Access Sys PM March 19, 2024 • Specific part numbers and model numbers of any auxiliary devices that will be needed to supplement the operation of the access control doors such as door position sensors and request to exit devices. • Specific part numbers and model type of the access control cable needed for the connection of the field devices to the access control system. • Specific wiring formats for the access control doors in the field and at the access control panel. Door Hardware • PACE will assist the architect in creating the concise hardware schedule for the Electrified Portion of the project. This require the collaboration in the type of hardware Style that is being reviewed for acceptance and reviewing the electrification options with that manufacture or operations. This will hopefully take into consideration the choices that will also accommodate the creation of the list and style with the needed for electrification and operation and in any preparations for the accommodations of electrification and security. • PACE will create and provide a concise hardware schedule for the electrified doors to be incorporated into the door hardware schedule for the prospective bidders by the Architect. Additional Physical services to be included. • PACE will attend one meeting a week during the project projects duration to ensure that the city of Santa ana's expectations are being met on the project. • PACE will make themselves available to the vendor of choice for the projects installation for the answering their questions and installation assistance in the form of direction or just information providing • PACE will provide any assistance of device terminations in the form of direction if needed. • PACE will provide the needed programming to enable all the integrator's installation and verify and test with the integrator to ensure the system is meeting expectations in its operation. • PACE can help give guidance to the integrator of choice in the event the system needs adjustments in the field and to also ensure that the installation of the product is meeting the city of Santa Ana's expectations of operation. • Any trouble shooting of the operation of the system that cannot be resolved through remote communications and will require a site visit, will incur a cost for the time expended for the resolution at PACE's normal service rates and are not included in the cost provided. • PACE can review the final documentation ensure that it meets expectations in regards to the as -build documentation as well The equipment documentation that is needed for closeout. As part of this proposed value PACE will not be providing any physical labor towards the installation, but will be providing they needed oversight, guidance and final programming of this system to ensure the equipment is installed properly and operates as intended. PACE will ensure the new elements of the Library's New System will be integrated in to the City's Current AMAG platform with full compatibility an functionality. EXCLUSIONS: • This proposal is to ensure that the system components and equipment that will be provided to the city of Santa Ana are clearly identified for each potential bidder. When that potential bidder is chosen the city of Santa Ana will know that they are providing and exactly what is being described as needed within the proposal for the desired operations. • PACE is not providing any equipment and is merely a management entity for the project. The city of Santa Ana will ultimately choose and award the contract to their bidder of choice knowing that they are providing these specific equipment needed for the operation. • PACE is not responsible if the integrator of choice does not follow the directives of the city of Santa Ana in regards to specific model types and equipment that are designated for the project. • PACE will be providing some limited project management of the installation, but does not have full control over the integrator except to provide them guidance as to the desired outcome. PACE will provide information to the city of Santa Ana for the guidance to ensure the systems is installed Page # 3 Proposal 8304RD-03152024 COSA Main Library Access Sys PM March 19, 2024 properly and is meeting expectations. The city of Santa ana is ultimately responsible for the direction to the integrator of choice. TERMS and CONDITIONS: The following Terms and Conditions are part of PACE Proposal 8304RD-03152024 COSA Main Library New Access Control System. TERMS OF ACCEPTANCE This document will remain Valid for a period of Forty Five (45) days from the date of proposal. Acceptance following this period will be subject to review and pricing updates. SALES AGREEMENT PACE Sales Agreement is hereby included as a part of this proposal. DEPOSIT No Deposit is required for this project. Billings will be made in 30 Day progress miles stones for work provided PROGRESS PAYMENTS Customer to be billed for materials ordered for this specific project or projects. The materials may be stored under controlled conditions at our warehouse for your review, until ready for deployment to the field. Labor will be billed on an as -used basis or in accordance with agreed upon progress. FINAL PAYMENT Payment due upon receipt of invoices. Overdue payments will be subject to 1.5% monthly service charge to be compounded monthly. DELIVERY To be established upon mutually acceptable dates INSURANCE Our General Liability insurance policy provides the following type of Additional Insured and related endorsements on a blanket basis: • Additional Insured Status if required by written contract, for ongoing operations only • Primary Insurance for Additional Insured's if required by written contract • Waiver of Subrogation if required by written contract If you require any Additional Insured endorsements in addition to the above, or other Insurance coverage's / endorsements, there will be additional charges to cover the cost. Our Commercial Auto Policy allows us to add Additional Insureds by name, and the charge is $50 per entity. If you require to be an Additional Insured on Auto, there will be a $50 charge per entity. If you require a Waiver of Subrogation endorsement on Workers Comp, an additional charge will apply. Depending on project size, this charge will be $25, $50, $75, $100, etc. We base the flat charge on the estimated premium our insurance company will charge us at final audit for providing this coverage to you. Page # 4 Proposal 8304RD-03152024 COSA Main Library Access Sys PM March 19, 2024 OWNER PROVIDED ITEMS: • Government Fees and Taxes Sales and user taxes, permits and fees to the appropriate governmental authority. • Coordination with Other Trades We will coordinate with other related trades, as required. Additional equipment or labor required to achieve any interface or integration, unless specified in our proposal, can be made available as an above contract item and will incur additional expenses for materials and labor. • Parking The cost of parking at the facility during project duration. Acceptance of Proposal, Terms and Conditions: (Please type or print, except where otherwise indicated.) Proposal Acceptance: Proposal 8304RD-03152024(MAIN) Dated March 19, 2024 ❑ Project Package Total ....................................................... $ 37,395.00 *Service requests requiring onsite trouble shooting Could be additional if required by PACE Accepted by: (Signature) Name / Title: (Please print Name & Title) Date: (Please type or print Date) _ Page # 5 EXHIBIT B NEWHOPE LIBRARY SCOPE OF WORK AND COMPENSATION PAC PROFESSIONAL ACCESS CCTV & ELECTRICAL March 15, 2024 COSA Newhope Library Access Control System Maria Castro Senior Management Analyst 122 N. Newhope St., Santa Ana, Ca 92703 714-6475269 mcastro5()santa-and.org I��KeLilit'�ijl5 � 1 1 Proposal 8304DSRD-03152024 RE: PACE was requested to submit a proposal to Provide Installation Oversight with Material Guidance for the City of Santa Ana's Newhope Library AMAG Installation. All work to be located 122 N., Newhope St. Santa Ana, Ca 92703 Dear Mrs. Maria Castro: Thank you for the opportunity to present this proposal. The Management, Sales, Engineering, Operations and Service Departments at PACE devote a great deal of time to investigate, document and preserve (digitally), design and engineer the integrated systems that we propose. We provide a cost efficient, complete system that will accomplish and fulfill your requirements at a fair price! You have our assurance that the systems proposed will be installed correctly and efficiently. They will be tested and verified as operationally correct. PACE Project Managers and Installation Technicians are certified and trained on all of the equipment that we install. 'P.A.C.E does it right... And we do it right the first timet' You will receive operational and administrative training for the installed equipment. Additional training is available upon request. If you have any questions concerning this proposal, please feel free to contact me at (714) 455-2148, or on my cell at (909) 282-8215 Sincerely, ?.ianie��S ya�a Daniel Sigala Business Development 21845 SA VI RANCH PKWY, UNIT A, YORBA LINDA CA 92887 PHONE: 714-455-2148 • FAX: 714-492-8808 Proposal 8304DS-03152024 COSA Newhope Library Access Sys PM March 15, 2024 SCOPE PACE has been requested to provide a value to the city of Santa Ana to help provide clarity as to the installation of the AMAG Access Control system and all its associated elements. Peace will be acting as a consulting and management component to the project to ensure that the system is installed as per the cities direction and the system operates as intended to provide security and accountability to the accessibility of the library. As part of this proposal paste will outline the information to be provided to this perspective bidders to ensure that all values presented for the systems installation we'll meet the expectations of the desired operation and to ensure the products use will meet their intended compatibility with the main AMAG system. Project Details: As part of this proposal pace is prepared to provide the following services and management of the city of Santa Ana's New Hope libraries installation of the access control system and associated components such as locking hardware and other automated controls within the scope of the access control systems capability. Pace has reviewed the information provided for the remodeling of the library and is also reviewed divisions 28 and division 8 which are the security specification and the locking hardware specification. These two elements are to be directly affected by the access control system for certain doors that are identified as controlled access points to utilize the AMAG platform for access and event tracking. As part of PACE's role, it has reviewed these sections and will as part of this proposal, provide a concise list of materials associated with the installation of the access control system to ensure that all materials have been clearly identified as to their model numbers and specifics. This will ensure that prospective bidders are providing exactly what the city of Santa Ana needs as well as removing speculation and interpretation of some of the verbiage of these two sections. Below will be a list of elements and guidance that pace will provide as part of this value to ensure that the city of Santa Ana has these specific system and components installed that match there recently installed system at City Hall as well as the intent of the operation. Below is the Information that PACE will be providing: • Specific part numbers and model numbers of the AMAG equipment that will match the city of Santa Anas existing equipment deployment within the City Hall. • Specific part numbers and model numbers of the card readers that are to be used at each door and location we're an access control point is to be located. • Specific part numbers and model numbers of the power supplies that are utilized to power the door locks which are predominantly low voltage which will centralized the Power Distribution to these devices. • Specific part numbers and model numbers of any auxiliary devices that will be needed to supplement the operation of the access control doors such as door position sensors and request to exit devices. • Specific part numbers and model type of the access control cable needed for the connection of the field devices to the access control system. • Specific wiring formats for the access control doors in the field and at the access control panel. Additional Physical services to be included. • PACE will attend one meeting a week during the project projects duration to ensure that the city of Santa ana's expectations are being met on the project. • PACE will make themselves available to the vendor of choice for the projects installation for the answering their questions and installation assistance in the form of direction. • PACE will provide any assistance of device terminations in the form of direction if needed. • PACE will provide the needed programming to enable all the integrator's installation and verify and test with the it's greater to ensure the system is meeting expectations in its operation. • PACE can help give guidance to the integrator of choice in the event the system needs adjustments in the field and to also ensure that the installation of the product is meeting the city of Santa Ana's expectations of operation. Page # 2 Proposal 8304DS-03152024 COSA Newhope Library Access Sys PM March 15, 2024 • Any trouble shooting of the operation of the system that cannot be resolved through remote communications and will require a site visit will incur a cost for the time expended for the resolution at PACE's normal service rates and are not included in the cost provided. • PACE can review the final documentation ensure that it meets expectations in regards to the as -build documentation as well The equipment documentation that is needed for closeout. That as part of this proposed value pace will not be providing any physical labor towards the installation, but will be providing they needed oversight, guidance and final programming of this system to ensure the equipment is installed property and operates as intended. EXCLUSIONS: • This proposal is to ensure that the system components and equipment that will be provided to the city of Santa Ana are clearly identified for each potential bidder. When that potential bidder is chosen the city of Santa Ana will know that they are providing exactly what is being described as needed within the proposal for the desired operations. Peace is not providing any equipment and is merely a management entity for the project. The city of Santa Ana we're ultimately choose an award the contract to their bidder of choice knowing that they are providing these specific equipment needed for the operation. • PACE is not responsible if the integrator of choice does not follow the directives of the city of Santa Ana in regards to specific model types and equipment that are designated for the project. • PACE will be providing some limited project management of the installation, but does not have full control over the integrator except to provide them guidance as to the desired outcome. PACE will provide information to the city of Santa Ana for the guidance to ensure the systems is installed properly and is meeting expectations. The city of Santa ana is ultimately responsible for the direction to the integrator of choice. TERMS and CONDITIONS: The following Terms and Conditions are part of PACE Proposal 8304DSRD-03152024 Newhope Library New ACS, TERMS OF ACCEPTANCE This document will remain Valid for a period of Thirty (30) days from the date of proposal. Acceptance following this period will be subject to review and pricing updates. SALES AGREEMENT PACE Sales Agreement is hereby included as a part of this proposal. DEPOSIT PACE requests a deposit of 35% of Installation Price upon issuance of P.O. Number or contract. This will be required of any project or proposal exceeding $2,000.00 unless otherwise agreed upon. PROGRESS PAYMENTS Customer to be billed for materials ordered for this specific project or projects. The materials may be stored under controlled conditions at our warehouse for your review, until ready for deployment to the field. Labor will be billed on an as -used basis or in accordance with agreed upon progress. Page # 3 Proposal 8304DS-03152024 COSA Newhope Library Access Sys PM March 15, 2024 FINAL PAYMENT Payment due upon receipt of invoices. Overdue payments will be subject to 1.5% monthly service charge to be compounded monthly. DELIVERY To be established upon mutually acceptable dates INSURANCE Our General Liability insurance policy provides the following type of Additional Insured and related endorsements on a blanket basis: • Additional Insured Status if required by written contract, for ongoing operations only • Primary Insurance for Additional Insured's if required by written contract • Waiver of Subrogation if required by written contract If you require any Additional Insured endorsements in addition to the above, or other Insurance coverage's / endorsements, there will be additional charges to cover the cost. Our Commercial Auto Policy allows us to add Additional Insureds by name, and the charge is $50 per entity. If you require to be an Additional Insured on Auto, there will be a $50 charge per entity. If you require a Waiver of Subrogation endorsement on Workers Comp, an additional charge will apply. Depending on project size, this charge will be $25, $50, $75, $100, etc. We base the flat charge on the estimated premium our insurance company will charge us at final audit for providing this coverage to you. OWNER PROVIDED ITEMS: • Government Fees and Taxes Sales and user taxes, permits and fees to the appropriate governmental authority. • Coordination with Other Trades We will coordinate with other related trades, as required. Additional equipment or labor required to achieve any interface or integration, unless specified in our proposal, can be made available as an above contract item and will incur additional expenses for materials and labor. • Parking The cost of parking at the facility during project duration. Continued Next page Page # 4 Proposal 8304DS-03152024 COSA Newhope Library Access Sys PM March 15, 2024 Acceptance of Proposal, Terms and Conditions: (Please type or print, except where otherwise indicated.) Proposal Acceptance: Proposal 8304DSRD-03152024 Dated March 15, 2024 ❑ Project Total ....................................................... $ 6,276.81 *Service requests requiring onsite trouble shooting will be additional if required by PACE Accepted by: (Signature) Name / Title: (Please print Name & Title) Date: (Please type or print Date) Page # 5 PROFE-9 np in. MR D041171202YY) 04117/2024 CERTIFICATE OF LIABILITY INSURANCE 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 f oltl n PRODUCER 949-855-U43 SWELL INSUrANCE A NCY Aceved n��a�I�L��/al{I ¢' OA 1 is i8C n 91 �evedo JO¢A. BOS Date: 20 e O PNGNE 949-855A430 FAX 949582-2983 NC No Ext: A/C No: E-MAIL MIC ell e O W Win urance.com N ROING COVERAGE NACp Insurance CO 41297 _ I IINSURERA:Scottsdale INSURPD Proprietary Access Control Enterprises Inc DBA Professional Access CCTV & Electical 22845 Savi Ranch Pkwy Unit AS N RERB:CaliforniaAutomobileInsCo 38342 Oak River Insurance Company I RE c: P y RER .Houston Casualty Company INSURER E:Westcheater Surplus Lines Ins 10172 Yorba Linda, CA 92887 Burlin ton Insurance Company INSURER F: 9 P Y COVERAGES CERTIFICATE NUMBER: RFVI.SInN NI IMRFR- 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. IITR NSR TYPE OF INSURANCE AOD SUB POLICYNUMBER POnnryVy POUCYEXP UNITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X CPS7890462 11/0112023 11/01/2024 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED Me occurrence) 50,00EREMISLS X MED EXP IAry.r. erson 5,000 Cross Liab Incl PER PROJ AGG INCL IF REQ X E&O; Contractual. PERSONAL & AOV INJURY 1,000,000 BY WRITTEN CONTRACT GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FX] jPgT LOG GENERALAGGREGATE 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 Deduct. $ None OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ILA modan' $ 1,000,000 BODILY INJURY Per amon 3 X ANY AUTO OWNED U OS ONLY )t AUUTOSSWULNED X X BA040000081291 06/26/2023 06/26/2024 X BODILY INJURY Per accident $ X PerOaCiR�nt AMAGE $ AUTOS ONLY X AUTOS ONLY 3 F UMBRELLA LIAB OCCUR EACH OCCURRENCE S 5,000,000 X N AGGREGATE $ 5,000,000 EXCESS LIAB CLAIM' -MADE 773BE09109 11/0112023 11/01/2024 DED RETENTION $ 0 S C WORKERS COMPENSATION AND ROPRIFERIPARTILITY OFF1ANVPROPRIETOR/ ER EMUUDR/EXECUnVE ❑ (Ms. story NH) (Mandatory in NHI If yes, aescnbe under DESCRIPTION OF OPERATIONS below NIA 11 PRWC438696 11/01/2023 11101/2024 X I PERTUTE I OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 E Pollution Liab G28319101004 11/30/2023 11/30/2024 Claim/Agg 1,000,000 D Cyber Liab H22NGP21211302 12/0912023 12109/2024 Claim/Agg 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate Holder, its officers, officials, employees, volunteers are included as Additional Insureds per GLS150s, CG2001, MCA85100817CA attached; Waiver of Subrogation included per CG2453, MCA85100817CA, WC990410C attached. 30 days notice of cancellation(10 days for non payment). Re: 26 Civic Center Plaza, Santa Ana CA / 122 N Newhope St, Santa Ana CA City of Santa Ana, its officers, officials, employees & volunteers 20 Civic Center Plaza ACORD 25 (2016103) SANTA89 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF ACCORDANCE WITH THE POLICY PRO � RidtMvrganod IXNdon WAIMM `IffiMEwEofi APPROJ®BY: AUTHORIZED REPRESENTATIVE A� (( �i ,45LtzbL)Ilw Risk Management Specialist © 1988-2015 ACORD The ACORD name and logo are registered marks of ACORD A� SCOTTSDALE INSURANCE COMPANY® ENDORSEMENT NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (t P;01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CPS7890462 11/01/2023 PROPRIETARY ACCESS CONTROL ENTERPRISES INC. 04040 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II —WHO IS AN INSURED is amended to include as an additional in- sured any person or organization whom you are required to add as an additional insured on this policy under a written contract, written agreement or written permit which must be: a. Currently in effect or becoming effective during the term of the policy; and b. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." The insurance provided to these additional insureds is lim- ited as follows: 1. That person or organization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or b. That portion of "your work" out of which the in- jury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. 3. The limits of insurance applicable to the additional insured are those specified in the written contract, written agreement or written permit or in the Decla- rations for this policy, whichever is less. These lim- its of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declara- tions for this policy. 4. Coverage is not provided for "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of the additional insured. 2. With respect to the insurance afforded to these 5. The insurance provided to the additional insured additional insureds, the following exclusions are does not apply to "bodily injury," "property damage," added to item 2. Exclusions of SECTION I— or "personal and advertising injury" arising out of COVERAGES: an architect's, engineers or surveyors rendering of or failure to render any professional services This insurance does not apply to "bodily injury," including: "property damage" or "personal and advertising injury' occurring after: *A Includes copyrighted material of ISO Properties, Inc., vdth its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 1 of 2 a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engi- neering activities. 6. Any coverage provided hereunder will be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, ex- cess, contingent or on any other basis unless a written contract specifically requires that this insur- ance be primary. When this insurance is excess, we will have no du- ty under SECTION I —COVERAGES to defend the additional insured against any "suit" if any other in- surer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. AUTHORIZED REPRESENTATIVE Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 RenEwtD 6 APPROVE] By., A+,p AuP.ol- Risk Management Specialist GLS-150s (7-06) Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 20 39 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT WITH YOU (COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products -completed operations hazard". However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "Bodily injury" or "property damage" arising out of 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; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. With respect to the insurance afforded to these additional insureds, 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 contractor agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Rlek Mosganeni Division B RenEwm^^& AAPP�PRAwA® � �''Y. aenl c01 Risk Matt e CG 20 39 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance, and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. e+ Risk Manggat ion Renerhv6ArPRrRw®ar. A�, Aceva- " Risk Management Specialist u 01 CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 24 53 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. s Risk M.%m dDMsEm s RwP&m&APPRovm8y A-f,Auoa. r �,Ruk MnnagementSpecikfs[ or CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1