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STRUCTURAL GROUP, INC. - 2013
INSURANCE ON FILE VcORK MAY PROCEED UN I"IL INSURANCE EXPIRES CLERK OF COU I DATE. `i?IA? ? `j ojyWAU) Kenny WgUyevN AGREEMENT FOR PROVISION OF ENGINEERING AND CONSTRUCTION SERVICES N-2013-063 THIS AGREEMENT, made and entered into this 22day of March, 2013 by and between Structural Group, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing Linder the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. City desires to hire a contractor to provide an assessment of the post tension cables at the Fiesta Marketplace. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. to undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall inspect the post tension cables at the Fiesta Marketplace parking structure, repair existing exposed cable and provide a solution to prevent future water damage to the cables, as set forth in Contractor's proposal dated February 20, 2013, attached hereto as Exhibit A and incorporated by this reference. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Contractor shall be Eric Wurn. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services: 1) For investigation and engineering report, including solution to water damage concerns, a flat rate of $18,800.00 2) For post-tension repair to three (3) cables, a flat rate of $5,400.00. The total sum to be expended under this Agreement shall not exceed $24,200.00 during the term of this Agreement, b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing service completed in the previous month, 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 which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2013, unless terminated earlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR Contractor and its assigned personnel shall, during the entire term of this Agreement, be construed to be independent contractors and not employees 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 and its assigned personnel 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. 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. Commercial General Liability Insurance. Contractor shalt maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall be endorsed to (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; (c) provide ongoing and completed operations coverage, and (d) contain standard separation of insureds provisions, b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles, c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Contractor shall provide professional liability (errors and omissions) insurance covering such personnel's services, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 0) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify, defend and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 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 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. 8. CONFIDENTIALITY If Contractor or its assigned personnel 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. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Fax: 714-647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702-1988 Fax: 714-647-5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Contractor: Structural Group, Inc. 1332 North Miller Street Anaheim, California 92806 Fax: 714-897-0163 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, duty registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. 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 which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. 16. 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 18. WORK PRODUCT All work product prepared by Contractor pursuant to this Agreement shall be the property of the City and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. Contractor shall submit all work product to City in hard copy and produced in a form compatible with City's computer system, as agreed between the City and Contractor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SfVTA ANA, 2990;?- KEVIN Cy ji QURKE Interim City Manager APPROVED AS TO FORM: SOMA R. CARVALHO City Attorney By: Lai aSheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Rr1UL GODINEZ, T Executive Director Public Works Agency STRUCTURAL GROUP, INC. Mike S o] Assistant Secretary EXHIBIT A SCOPE OF SERVICES struclurbI 109646 February 20, 2013 Kenny Nguyen City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Re: Fiesta Marketplace Parking Structure- PT Inspection and Repair Dear Mr. Nguyen, Thank you for giving Structural Group, Inc. (SG) the opportunity to prepare a repair proposal for the post tension cables at the Fiesta Marketplace Parking structure. The post tension appears to be in good condition with the exception of several exposed tendons in each garage. In order to prepare for larger repair project we propose a plan to investigate the condition of the exposed cable while at the same time providing a solution to the concerns about water penetration and future damage to the cables. hi accordance with this we propose to furnish all necessary labor, material, equipment and supervision except as noted below to perform the following items of work: 1. Mobilize to job site 1 Layout repair areas 1-5 (as shown in attached photos 1-5). 3. Saw-cut approx /2 inch deep around patches. 4. Chip-out repair area to expose cables and provide keyway. 5. Inspect exposed cables for condition and tension. 6. Provide stamped engineers report on cable condition. 7. Re-seal damaged tendon sheathing per PTI specification (see image 6). 8. Prep concrete surface for topping. 9. Install high strength concrete repair material to provide min 1 inch cover for cables. If deemed necessary from inspection of the cables and engineering analysis of the existing capacity of the structure we also propose to re-tension existing broken cables as follows: 1. Locate quarter point of cable profile. 2. Expose cable at this point. 3. Install cable coupler per PTI specifications with splice of new cable length. Structural Group, Inc. • CA Contractor's License #778832 1332 North Miller St. • Anaheim, CA 92606 • Phone: 714.881.9860 • Pax: 714.897.0163 wwwstnxlural,net Fiesta Marketplace Parking Structure February 20, 2013 Page 2 4. Using "Z" anchor, re-tension cable to required pressure within open slab location. 5. Using high strength concrete repair mortar pour back open patch. WORKING CONDITIONS: 1. Daytime work hours (8:00a.m. - 4:30p.m.). 2. Five (5) day week MTWThF. 3. Phased construction. 4. Daily debris removal. 5. Open shop. Union Project Labor Agreements are not included. 6. Debris removed from site. SUPPORT BY OTHERS (at no cost to SG) SHALL INCLUDE THE FOLLOWING: 1. 110V electric available at existing outlets. 2. Special hookup at designated locations. 3. The use of onsite toilet facilities. 4. Access to potable water. 5. Parking for service vehicles. 6. Construction permits if required. 7. Sidewalk permits as required. 8. Security guards 9. Unobstructed access to work area. 10. Testing. 11. Inspection. 12. Not responsible for damage to embedded utilities. SCHEDULE: To be arranged. PRICE: All work shall be paid for in accordance with the following schedule of values • The price to perform the investigation/repair work as outlined above is $18,800 • The price to perform post-tensioning repairs to a total of (3) cables is $5,400 Total Contract Amount: 24,200 PAYMENT TERMS: 1. Invoices shall be submitted on the 15th and 30`x' of the month and/or at the completion of work and are payable within thirty (30) days from date of invoice. GENERAL CONDITIONS: See Attachment "A" Fiesta Marketplace Parking Structure February 20, 2013 Page 3 EXPIRATION: This proposal may be withdrawn if not accepted within thirty (30) days. Very truly yours, Structural Group, Inc. A Erik Wurn Project Estimator ACCEPTANCE OF PROPOSAL: The above Conditions, Specifications, Prices and General Conditions are hereby accepted. This proposal, once signed, acts as the only agreement between the parties. You are authorized to proceed to do this work and payment will be as stated above. ACCEPTED BY: Authorized Signature Title Date Fiesta Marketplace Parking Structure February 20, 2013 Page 4 Flesta Marketplace Parking Structure February 20, 2013 Page 5 Fiesta Marketplace Parking Structure February 20, 2013 Page 6 Project Client: Project Street: General Terms And Conditions - Attachment "A" City: 1. Beginning Work: State: Structural Group, Inc. ("Structural") shall be allowed reasonable time for delivery of materials and labor for required performance. Client shall use its best efforts to assure work area accessible and appropriate for Structural's work. 2. Bonds & Insurance: a) The cost of bonds is not included. If performance bonds are required, Client is responsible for all associated casts and will satisfy St uctural's bonding company underwriting requirements including confirmation of funding and use of standard AIA A312 bond forms. b) Structural will provide evidence of Insurance which will include the Client as Certificate Holder with coverage and corresponding limits as follows: Workers' Compensation - Statutory, Employer's Liability - $1 M, General Liability - $21v! aggregate, Auto Liability - $1 M and Excess Liability - $10M. Any other insurance required will be furnished at Client's sole cost, if available. 3. Payment: a) Payment is a material issue. Payment by Client for Structural's performance is not subject to any contingencies or conditions. If payment is not made within thirty (30) days, Structural may stop work with three (3) days written notice to client without prejudice to any other remedy it may have including the right to file a lien, claim, or notice on its behalf. No back charges or claims shall be valid unless agreed to in writing by Structural. Retainage shall not exceed 5% for the duration of the project. b) Client can not withhold payments due to third party general liability claims if the liability for such claim(s) has been accepted by Stmotural's insurer 4. Delays a) Stmctural is entitled to extensions of time for weather delays and is not responsible for delays out of its control (including those caused by the Client, Owner, General Contractor, other contractors and subcontractors, Architect, Engineers, armed conflict or economic dislocation resulting from; embargoes of labor, raw materials, production facilities or transportation; labor difficulties, civil disorders of any kind; action of civil or military authorities; vendor priorities and allocations, fires, floods, accidents and acts of God). In addition, Structural can stop work if they consider the jobsite conditions unsafe or if another Contractor working around Structural is being unsafe. b) St uctural's liability for delay damages is limited to liquidated damages in an amount mutually agreed upon by Structural and Client. In no event will Structural be liable for actual, punitive, indirect, incidental or consequential damages of any kind. Conversely, should Structural be delayed in any manner by the acts, errors, or omissions of the Client, Engineer, or by an employee of either of them, then, in addition to any applicable extension of time, Structural shall be entitled to receive from them compensation for any reasonable damages caused by the delay. 5. Warranty a) Structural warrants to the Client that the work described herein will be free from defects in material and workmanship [See following sentence - redundant. If within one (1) year from Substantial Completion, or as otherwise mutually agreed upon in writing between Structural and Client, Structural receives from the Client prompt written notice that the material or workmanship does not meet such warranties, Structural will cure, within a reasonable amount of time, each such defect Including nonconformance with the specifications THERE ARE NO OTHER REMEDIES, LIABILITIES (INCLUDING NEGLIGENCE) OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THE MATERIAL AND/OR SERVICES. Structural's sole responsibility and Client's exclusive remedy is limited to repair or replacement as detailed above. 6. Liability: a) Structural shall not be liable to any party for claims of any kind related to asbestos, lead paint, EIFS or mold or any other hazardous materials b), Structural's responsibility for any claims, damages, losses or liabilities arising out of or related to its performance of this contract, including but not limited to any correction of defects under the Warranty, shall not exceed the contract price. In no event shall Structural be liable for any special, indirect, incidental, consequential, or punitive damages of any character, including but not limited to damages claimed for loss of use of productive facilities or equipment, lost profits, governmental fines or penalties, lost production, or non-operation or increased expense of operation. 7. Indemnification: a) To the fullest extent permitted by law, Structural shall indemnify and hold harmless the Client, Engineer and employees of either of them from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by negligent acts or omissions of Structural, a subcontractor, anyone directly or - indirectly employed by them or anyone for whose acts they may be liable. 8. Dispute Resolution & Governing Law: a) All claims, disputes, and other matters and questions arising out of, or relating to this Contract or any breach which cannot be resolved through negotiation, may be submitted to mediation before the American Arbitration Association. If the dispute is not resolved through mediation, the parties may elect to proceed to binding arbitration before the American Arbitration Association in accordance with the Construction Industry Arbltration Rules then in effect. The prevailing party shall be entitled to recover all costs and reasonable attorneys fees incurred (whether pre-litigation, at mediation, arbitration or trial level and in any appeals.) The undersigned representatives of Structural and the Client have read and agreed to these Terms and Conditions that will control this project: Structural Name: Signature Date: Client Company: Name:_ Signature: Date: A " CERTIFICATE OF LIABILITY INSURANCE Dm Y) ( 5/712 013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If 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 NTA T NAME: Laura OaS Construction Risk Solutions, TLC PHONE FAX 11311 McCormick Road LAC N Ex - - A/C No: 443 -798- 72 90 Suite 450 ADDRRESS:Certificates@thecrsteam.com Hunt Valley MD 21031-8622 PRODUCER CUSTOMER ID #: INSURERS) AFFORDING COVERAGE NAIC# INSURED INSURERA:New Hampshire Insurance Oo 23841 Structural Group, Inc. 7455-T New Rid e Road INSURER B: National Union Fire Ins Co Pittsbur 19445 g Baltimore, MD 21076 INSURERC:Catlin Specialty Insurance Company 19518 INSURERD:XL Specialty Insurance Company 37885 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 155663616 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. NSR LTR TYPE OF INSURANCE ADDL SR SUBR VAD POLICY NUMBER POLICY EFF MMIDDIVYYV POLICY EXP MMIDDIYYYY LIMITS B GENERAL LIABILITY 2449508-01 7/1/2012 7/1/2013 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE OCCUR MED EXP(Any one parson) $5,000 PERSONAL &ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $4,000,000 POLICY X PRO- X LOC $ S AUT OMOBILE LIABILITY 3506359-01 7/1/2012 7/1/2013 COMBINED SINGLE LIMIT $2 000 000 X (Ea accident) , , ANYAUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AU OS BODILY INJURY (Per accident) $ T PROPERTY DAMAGE $ X HIRED AUTOS (Per accldenl) X NON-OWNED AUTOS $ D X UMBRELLA LIAB X OCCUR US00062096LI12A 7/1/2012 7/1/2013 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIM&MADE AGGREGATE $10,000,000 DEDUCTIBLE $ X RETENTION $10,000 - $ A WORKERS COMPENSATION ANDEMPLOYERS'LIABILITV 015883713-01 7/1/2012 7/1/2013 X TWO STATIC OTH - OR, _IM T? I YIN ANY PROPRIETCRIPARTNEMEXECUTIVE ? OFFICER/MEMSER EXCL DED N/A E.L. EACH ACCIDENT $1,000,000 U ? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liability CPL95994-0713 7/1/2012 7/1/2013 Per Occurrence $5,000,000 Per Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: City of Santa Ana - Fiesta Market Place Parking Structure PT Repair City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as See Attached... CERTIFICATE HOLDER --- -""" ""CANCELLATION 30 days/10 days fnr nnn-navment f,? SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED L 4 CCORDANCE WITH THE POLICY PROVISIONS. aUTa St t City of Santa Ana h Ce y 20 Civic Center Plaza St; AM ity Attorney Santa Ana CA 92702-1988 AUTHORIZED REPRESENTATIVE n M1.U7ulc+LJV4tlDf:C? ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD ENDORSEMENT # This endorsement, effective 12:01 A.M. 7/1/2012 - 7/112013 forms a part of Policy No. 2449508-01 issued to Structural Group, Inc. by National Union Fire Insurance Company of Pittsburgh, Pa ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability Conditions, paragraph 4., other insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. WJw"(QJZW4 Authorized Representative 74434 (10/99) POLICY NUMBER: 2449508-01 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON O ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE -- ------------ Name Of Additional Insured Person(s) Or Organizations : Locations Of Covered Operations ANY PERSON OR ORGANIZATION THAT IS ANY LOCATION WHERE WORT( IS PERFORMED REQUIRED TO BE NAMED AS AN ADDITIONAL BY THE NAMED INSURED INSURED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 1 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the Insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily Injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 p POLICYM 2449508-01 EFFECTIVE: 7/1/2012 - 7/1/2013 CARRIER: National Union Fire Ins Co Pit COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Location And Description Of Completed Operations ANY PERSON OR OGANIZATION THAT IS REQUIRED TO BE NAMED AS AN ANY LOCATION WHERE WORK IS PERFORMED ADDITIONAL INSURED BY WRTITEN BY THE NAMED INSURED. CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 A400R °0 CERTIFICATE OF LIABILITY INSURANCE l DATE ( Y) ki? 6/14/ 2013 LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONN OES NOT ATE F Q TIFI F P D ER THE COVERAGE BELO W C T CERT F CATE O HIS INS AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. SU RE,D, t po c I, s) must be endorsed. If SUBROGATION IS WAIVED, subject to IMPORTANT:. If the certificate holder Is an A0 1T] O L-( 4 ? N the terms and conditions of the policy, certain h lei m'd i (Wei d nt. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). ` FPtR PRODUCER NAME: Brian ODrand Construction Risk Solutions, LLC. PHONE - PAX 11311 McCor i k Road Ste 450 - - ac No Ex : - - A/c No: 443 , m c Hunt Valley MD 21031-8622 noDRess: certificatesOthecrsteam.com PRODUCER CUSTOMER ID p: INSURERS) AFFORDING COVERAGE NAIC4 INSURED INSURERA:Ne Hampshire Insurance Cc 23841 Structural Group, Inc. i INSURER e: National Union Fire Ins Cc Pittsbur 19445 dge Road 7455-T New R Baltimore, MD 21076 INSURERC:Catlin Specialty Insurance Company 19518 INSURERD.:XL Specialty Insurance Com an 37885 ! INSURERS: 2 3 / INSURER F: COVERAGES CERTIFICATE NUMBER: 1032604928 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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. ILSR TYPEOFINSURANCE INSODL R SUB POLICY NUMBER MWDIDY/YEY Y MMIODmYY LIMITS a GENERAL LIABILITY 2449508 7/1/2013 7/1/2014 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (E. ocunence $1,000,000 CLAIMS-MADE X? OCCUR MEDEXP An one erson $5,000 PERSONAL &AOV INJURY $2,000,000 GENERALAGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $4,000,000 POLICY % PRO- X LOC 1PcT $ H AUT OMOBILE LIABILITY 3506359 7/1/2013 7/1/2014 COMBINED SINGLE LIMIT $2,000,000 (Eaaccident) X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Peraccldenl) $ X NON-OWNED AUTOS $ D X UMBRELLA LIAB X OCCUR US00062096LI13A 7/1/2013 7/1/2014 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS MADE AGGREGATE $1010001000 DEDUCTIBLE $ X RETENTION $10,000 _ $ A WO N RKERS COMPENSATION D EMPLOYERS' LIABILITY 015883713 7/1/2013 7/1/2014 OEH- X M ' A ECUTIVE ? ANYPROPRIET RIPAR E.L. EACH ACCIDENT NT $1,000,000 .UDE07 (Mandatory In NH) NIA E.L.DISFASE-EAEMPLOYE $1,000,000 D O E 3CRIPTI N OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 C ProEeaaional Liability CPL95994-0714 7/1/2013 7/112014 Per Occurrence $5,000,000 I Per Aggregate $5,000,000 DESCRIPTION OF.OPERATIONS /LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: Job No. 109646 - City of Santa Ana - Fiesta Market Place Parking Structure PT Repair City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as additional insured with respect to all policies except workers' compensation. Insurance provided is primary and non-contributory. The general liability policy includes separation of insureds. CERTIFICATE HOLDER CANCELLATION30 davs/10 davs for non-payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 20 Civic Cengefy f z?/ ( %s ro i lim 1 l Santa Aria CA 0 `1956` AUTHORIZED REPRESENTATIVE .. Ogg L,G. A ? 6? Q?? ?] Q ^^,r' 1t1ha4 Lau',, ' r, ti - ©1988.2009 ACORD CORPORATION. All rights reserved. 't '}1C(,U', ACORD 25 (2009/09) A,SS15tdhs ACQ,Mgfffloar(d logo are registered marks of ACORD POLICY NUMBER: 2449508 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSPIRED -- OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE. PART SCHEDULE Name Of Additional Insured Parson(s) Or Organizations : Locations Of Covered Operations ANY PERSON OR ORGANIZATION THAT I5 ANY LOCATION WHERE WORK IS PERFORMED REQUIRED TO BE NAMED AS AN ADDITIONAL BY THE NAMED INSURED INSURED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown In the Declarations. A. Section R - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by: I. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional Insureds, the following additional exclu- sions apply; This Insurance does not apply to "bodily injury' or "property damage" occurring after: I, All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the Injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. G CG 20 10 07 04 O ISO Propertles, Inc., 2004 Page 1 of t n POLICY #: 2449508 EFFECTIVE: 7/1 CARRIER: a /201- 711/2014 onal Non irelna Co Pit COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Person(s) ANY PERSON OR OGANIZATION THAT IS REQUIRED TO BE NAMED AS AN ANY LOCATION WHERE WORK IS PERFORMED ADDITIONAL INSURED BY WRTITEN BY THE NAMED INSURED. CONTRACT. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 0 180 Properties, Inc., 2004 Page I of 1 ENDORSEMENT /k This endorsement, effective 12:01 A.M. 711/2013 - 7/112014 forms a part of Policy No. 2449508 issued to Structural Group, Inc. by National Union Fire Insurance Company of Pittsburgh, Pa ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY COVERAGE FORM Section IV, Commercial General Liability conditions, paragraph 4., Other insurance, subparagraph a. Primary Insurance, is amended by the addition of the following: However, coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract, and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. qoft;40'6? Authorized Representative 741134 (10199)