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HomeMy WebLinkAboutSOUTH COAST LIGHTING - 2014iNSURANCE %QT ON FILE A-2014 -302 YgORK MAY 0J PROCEED I CLERK U COUNCIL DATE: C I ()'j AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES THIS AGREEMENT ( "Agreement "), made and entered into this 2 "' day of December, 2014, by South Coast Lighting and Design, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City")- A. The City desires to retain a Contractor having special skill and lmowledge in the field of LED streetlight manufacturing. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contractor 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 provide new LED fixtures (hereinafter "Project "), as set forth in Request for Proposals and Contractor's Proposal, attached hereto and incorporated by this reference. Contractor shall perform all work items required by this Agreement within a period of ten (I0) weeks from date of the commencement of this Agreement. 2. COMPENSATION a. The Contractor agrees to accept as total payment for its services, a fixed price of $105,059. The City has allocated an additional $15,741 contingency amount, to be expended only at the written direction of the Executive Director of Public Works or his designee for additional services required due to unforeseen circumstances. The total sum to be expended under this Agreement shall not exceed $120,800 during the term of this Agreement. b. Payment to Contractor for the City paid portion of the contract shall be made after completion and City acceptance of the Project. Contractor shall submit a detailed report of work performed and materials used in the Project. Within sixty (60) days after receipt of such report, City shall pay Contractor, subject to City accounting procedures. Payment need not be made for work which falls 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 terminate on May 5, 2015 unless terminated earlier in accordance with Section 13. A. OWNERSHIP Of REPORTS AND DOCUMENTS The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of City. Copies may be made for Contractor's records but shall not be furnished to others without written authorization from City. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employer - employee relationship or a joint venture relationship; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. 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 shall 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 old of Contractor's operations in the performance of this Agreement. 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 shalt (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; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent forth, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall 'include coverage for owned, hired and non -owned automobiles. c. Workers 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 Workers 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 One Million Dollars ($1,000,000.00) per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per claim. c. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in fill 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 cancelled 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 affect Contractor's right to be paid for its time and materials expanded 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. HOLD IIARNILESS /INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively the "indemnified parties") from and against any and all claims ( including without limitation, claims for bodily injury, death or damage to property), demands , obligations, damages, actions, causes of Minn, suits, losses, jadgments, tines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and/or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. The Contractor further agrees to indemnify, hold harmless, and pay all cost for the defense of the City, including reasonable fees and costs for special counsel to be selected by the City, regarding any action by a third party. City may make all reasonable decisions with respect to its representative in any legal proceeding. S. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the sane degree of ease 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 nonuse and nondisclosure shall not apply to any information that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially; 4) is required to be disclosed by operation of law; or 5) 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 if 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 facsimile or other telegraphic communication in the manner provide([ in this section, to the following persons: To City: Cleric of the City Council City of Santa Ana P.O. Box 1988 M -30 Santa Ana, CA 92702 -1988 Fax: 714- 647 -6956 Copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M -21 Santa Ana, CA 92702 Fax: 714 -647 -5069 City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax: 714- 647 -6515 Contractor: South Coast Lighting and Design, Inc Attn: Jon -Eric Santanello 1391 Calle Avanzado San Clemente, CA 92673 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 facsimile, 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 proposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete an([ 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 neither Contractor nor the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by arty party, or anyone acting on behalf of any party, which is not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assigns, transfer, delegate, or subcontract any interest herein without prior written consent of the City, and any such assignment, transfer, delegation or subcontract without the City's prior written consent shalt be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have arty of the services which are the subject to this Agreement performed by the City personnel or by other Contractor retained by City. Notwithstanding the above, Contractor may transfer and assign its rights, or delegate its duties or obligations without the prior written consent of The City of Santa Ana in the event of a merger, integration, reorganization, corporate restructuring or the sale of all or substantially all its assets. In case of such transfer or assignment, Contractor shall take care that the transferee, assignee or successor will comply with the terns and conditions of this Agreement. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. For a termination for convenience, the termination shall be effective upon Contractor's receipt of City's written notice of such termination. For a termination for cause, the termination shalt be effective thirty (30) days after Contractor's receipt of City's written notice thereof and Contractor's failure during that period to cure the cause or default which is at issue and the reason for the notice of termination, or reasonably initiate a cure during such time. In such event, Contractor shall be entitled to receive, and the City shall pay Contractor within sixty (60) clays compensation for all services performed by Contractor prior to receipt of such notice of ternnination 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 property of the City unless prohibited by taw, and Contractor consents to the City's use thereof for such purposes as the City doers 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. DISCRIMINA'T'ION 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. 19. JURISDICTION —VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason or this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout time term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17, RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and /real or tangible property that occur as a result of the fault or negligence of said Contractor or its subcontractors, agents, employees, or other persons acting on their behalf in connection with the performance of this Agreement. 18. FAILURE TO PERFORM SATISFACTORILY a. Contractor acknowledges and agrees that subject to the notice provisions in Article 10 and except in cases of force majeure, if the Contractor fails to perform the work as specified herein, the Director, I) will pay only for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. b. If Contractor performs the work in such a manner that the amount of payment withheld due to substandard perfonmance, nonperformance and /or forfeiture for non - completion per schedule totals five percent (S %) of the total contract price, the City shall notify the Contractor of such noncompliance, If the Contractor continues to perform the work in such a manner that the amount of payntent withheld clue to substandard performance, nonperformance and /or forfeiture for non - completion per schedule totals ten percent (10 %) of the total contract price, this Agreement may be terminated at the City's option. In [lie event of termination for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued due to changing contractors. 19. SAFETY REQUIREMEN'T'S All work performed under this contract shall be performed in such a marker as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL - OSHA. The Director reserves time right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 20. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency. 21. ACCESS TO PRIVATE PROPERTY Prior to the commencement of any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him or her of the nature of and the approximate duration of the restriction. 22. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are damaged they shall be replaced in kind at the Contractor's expense. 23. TRAFFIC CONTROL, The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact the Director for approval. 24. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices which may be required for routine and /or extraordinary maintenance pursuant to this Agreement. Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and /or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Santa Ana Public Works Agency - Construction Engineering Division, All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. All traffic control devices shall be maintained in a like new condition at all times. 25. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the Contractor fail to correct deficiencies or public nuisances that have been created because of its operation, then such deficiency or public nuisance will be considered to be of an emergency nature and cause the City to make corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred Dollars ($200.00) for each callout. 26. APPREN'I'ICESIIIP STANDARDS Where required under law, Contractor shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 27. SUBCONTRACTORS The Contractor shall not, without the written consent of the City: a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. c. Subcontract any portion of the work after laid is submitted if the cost thereof exceeds one-hal f( 1,12) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. 28, MISCELLANEOUS PROVISIONS a. [inch 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 Cully, 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, j5igr¢atures orafopoxira; page) IN WITNESS WHEREOF, the parties hereto have execute(( this Agreement the date and year first above written. ATTEST: CITY OF SANTA �✓'Jr MARIA D. IIUIZAR Dal `avazo Clerk of the Council City Manager APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:, &rc, Lisa Storck Assistant City Attorney FOR APPROVAL,: SOUTH COAST LIGHTING pour, Executive Director Jon -Eric Santanello Agency Vice President Tax LD#t�� °� "7S fn E--/,t4 I G C REQUEST FOR PROPOSALS (RFP) FOR LED Retrofit Downtown Streetlights SARTC Parking Structure Lighting No. 14 -048 CITY OF SANTA ANA Santa Ana Public Works Department 20 Civic Center Plaza M -22 Santa Ana, CA 92701 Kurt Wiemann Projects Manager (714) 647 -5639 Office (714)647 -5058 Fax kwTemann flsanta- ana.org Authorizes for C.— _ > `75 Edwin "William" Gah(ez, P.E. Interim Executive Director Public Works Agency RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING KEY RFP DATES: Issue Date: Proposal Due Date: Projected Award Date: NOTICE INVITING PROPOSALS Thursday, September 18, 2014 Tuesday, October 14, 2014 @ 2:00 PM. Tuesday November 18, 2014 NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to LED Retrofit Downtown Streetlights & SARTC Parking Structure Lighting. Responses to the Request for Proposals (RFP) will be accepted until 2:00 PM. If further information is required, contact Kurt Wiemann at (714) 647 -5639 or kwiema n nOsa nta -ana.o rg All notifications, updates and addenda will be posted on the City's current RFP Bid page at www.santa- ana.oro /bids -rfos. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation and addenda. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California Class C -10 Contractor's license prior to the scheduled award date of this contract. Proposers desiring to propose ALTERNATE PROPOSAL only do NOT need a contractor's license. Proposers may submit to either or both. Proposers may submit one (1) fixture and one (1) alternate fixture per application. The City reserves the right to select the Proposer(s) that best fit the needs of the City MAILED, DELIVERED BY HAND or COURIERED proposals will be accepted as follows: City of Santa Ana Kurt Wiemann Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Kurt Wiemann at kwiemann(&,santa- ana.org. The receiving time in the Public Works Agency, 20 Civic Center Plaza, Santa Ana, CA 92702 Third Floor, Ross Annex, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. G RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIHTING � SA,Yj Y. YA • f Y.j' s CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR LED POST TOP RETROFIT STREETLIGHTS TABLE OF CONTENTS EXHIBIT A — SCOPE OF SERVICES PAGE I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. PROPOSAL DEPOSIT AND PERFORMANCE BOND 4 IV. SCOPE OF WORK/SERVICES 4 V. GENERAL INFORMATION 5 VI. COORDINATION 5 VII. CONTRACTOR RESPONSIBILITIES 5 VIII. LICENSE REQUIREMENTS 6 IX. INITIATION /KICK OFF MEETING 6 X. CITY BUSINESS LICENSE 6 XI. ADDENDA 6 XII. RULES FOR PROPOSALS 6 XIII. PREPROPOSAL MEETING 6 XIV. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 6 XV. SUBMITTAL INFORMATION AND DEADLINE 6 XVI. SUBMITTAL REQUIREMENTS 6 XVII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 8 XVIII. PUBLIC RECORDS 9 EXHIBIT A — SCOPE OF SERVICES 10 EXHIBIT B — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 14 EXHIBIT C — PROPOSERS REFERENCES 15 EXHIBIT D — PROPOSERS STATEMENT 16 EXHIBIT E — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 17 EXHIBIT F — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 19 EXHIBIT G — NONCOLLUSION AFFIDAVIT 22 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 23 EXHIBIT I — MINIMUM PERFORMANCE REQUIREMENTS 24 EXHIBIT J — MINIMUM PROPOSER QUALIFICATIONS 28 EXHIBIT K - SAMPLE AGREEMENT 19 EXHIBIT L — LOCATION AND FIXTURE SCHEDULE EXHIBIT M - MAP OF LOCATIONS RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 3 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR LED POST TOP RETROFIT STREETLIGHTS & LED PARKING STRUCTURE LIGHTING INTRODUCTION The purpose of this Request for Proposals (RFP) is to obtain a Proposer to enter an agreement with the City to (1) remove and dispose of existing historic, decorative post top street light luminaires, and furnish and install energy efficient LED post top retrofit streetlight luminaires (2) remove and dispose of existing high pressure sodium parking structure lighting and install new energy efficient LED structure lighting. The ALTERNATE PROPOSAL is to provide and test only. The Proposer will be required to provide 375 LED post top retrofit street light luminaires and 123 parking structure luminaires. The City reserves the right to increase or decrease the quantity of lights at no additional cost per fixture. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of one year or until the work is complete. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is Tuesday November 18, 2014 and may be adjusted as necessary by the City. III. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit B shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a performance bond & payment bond in the amount of one- hundred percent (100 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to execute the written contract and furnish the required performance bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The performance bond is to be renewed annually and submitted by the contractor in the amount of the total annual contract amount. Performance & Payment bonds are not required for provide only alternate. IV. SCOPE OF WORKISERVICES The scope of work may include any and all work efforts as set forth in EXHIBIT A - SCOPE OF SERVICES. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 14 The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes. V. GENERAL INFORMATION VI. A. The term of the contract will begin after the contract award by the City Council and approval of required bonds. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at preproposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission, Agency, and Council meetings,. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City. When coordination efforts require agreements, such agreements shall be coordinated through the City. VII. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 15 VIII. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. IX. INITIATION/KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals- X11. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit G). XIII. PREPROPOSAL MEETING A preproposal meeting is not scheduled for this RFP. Should a meeting become necessary, an addendum will be posted on the City website. XIV. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at http://www.ci.santa-ana.ca,us/bids-rfps/default,asp. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XVI. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 6 A. Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) copy of the submittal on a USB flash drive labeled with Proposer's name and proposal number. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, and exhibits. D. Proposal Pricing shall be submitted in a separate, sealed, marked envelope. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 25 PAGES (excluding front and back covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and sub - consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project, 4. Financial Responsibility (Capacity): Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) -day period. If said financial statement does not reflect full ninety (90) -day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. 5. Proposal Deposit (Bid Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal item pricing in Exhibit B. B. EXHIBIT B — PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING C. EXHIBIT C — REFERENCES — The Proposer shall submit a list of agencies, past and present, for which you have provided work similar to that identified in this RFP (Exhibit A) for the last 5 years. D. EXHIBIT D - PROPOSERS STATEMENT RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 17 E. EXHIBIT E — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR EXHIBIT F RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE G. EXHIBIT G — NONCOLLUSION AFFIDAVIT H. EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. J. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The proposals will be reviewed by a committee of City team members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth below. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The response to this Request for Proposals should contain documentation of Proposer's credentials and expertise in this field. Substantial consideration will be given to Proposers with documented experience in performing similar work. This project is funded by an investor -owned utility financing program. Luminaire pricing /wattage shall be subject to a ten (10) year simple payback limit. Payback shall be based on $.12 per kWh. The committee will evaluate all proposals based on the following criteria: A. Ability of Proposed Fixture to function as described in Exhibit I and Proposer Qualifications as described in Exhibit J 1. Ability of proposed street lights to perform as specified herein. 2. Ability of Proposer to obtain and install the units in the specified time. 3. Contractor's financial ability to provide uninterrupted services throughout the term of the agreement. 4. Experience of staff assigned to the contract. 5. Experience of supervisory and management staff assigned to the contract. 6. Record of performance on contracts with other cities, governmental agencies or public bodies, includes such factors as reliability, adherence to specifications and compliance with contract terms and conditions. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page l 8 7. Acceptable, verifiable references and site reviews. B. Amount of time manufacturer indicated by Proposer has been manufacturing outdoor street lights and manufacturing LED street lights. B. Cost of Proposal EVALUATION PROCESS In addition to submitting all documentation specified in this RFP, Proposers will be required to provide two (2) sample units of each fixture, at no cost to the City, to demonstrate the ability of their proposed equal product to successfully perform as specified by this RFP. Sample units must be exact model of proposed luminaire and be provided on the due date of the proposal. Sample units may be provided, at proposer's option, prior to the due date of the proposal. The City will evaluate all proposals and fixtures for conformance to criteria specified herein and select the top three rated fixtures. The top rated proposal price envelopes will then be opened and the lowest priced proposal selected. The City shall have thirty (30) days upon receipt of test samples to perform evaluation and testing. The sample units will become property of the City after the test period. XVIII. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 19 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) LED Retrofit Downtown Streetlights & SARTC Parking Structure Lighting. This RFP calls for: removal and disposal of existing luminaires; furnishing and installing new LED luminaires; all testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified. ALL FIXTURES MUST BE DLC APPROVED. The City desires to install two (2) types of post top LED retrofit fixtures. The fixtures must be designed to fit in existing historical streetlight poles and /or globes. There is an option to provide globes; the globes shall be: Formed Plastics FP118 -9PCC w/ FP 110 finial or approved equal. 1. For "double king" historic streetlight poles. Proposed fixture shall be down light style: Powerlux PLEDPT /40001840/12- 240 /MP /H2 /F1 or approved equal. 2. For single pole fixture shall be: Lighting by Design LBD /66 /3K/V3 /MOG /NL or approved equal. 3. For surface mount parking structure lights the fixture shall be: Simply LED CLG- 60 -C -AP or approved equal. 4. For shoe box style the fixture shall be: Deco Digital D816- LED- 80- 50- UNV -PM -BZ or approved equal. Approved Equal: Fixture submittals for approved equal must be submitted one week prior to due date of proposals with actual fixture samples due on proposal due date. ALTERNATE PROPOSAL calls for providing fixtures only with no installation. All testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified shall be included in the "provide only" cost. II. IMPLEMENTATION 1. City staff shall have the right to modify, reduce, or delete the services as needed by City. 2. The term of the contract shall be for one (1) year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. A. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $500 per day for such breach, in addition to any cost, fines, etc. levied against the City. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page i 10 B. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. C. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements and as they may be amended or updated throughout the term of this contract. D. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. E. JURISDICTION — VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. F. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. G. SCOPE OF WORK/SPECIAL PROVISIONS The Request for Proposals calls for removal and disposal of existing luminaires; furnishing and installing new LED street lights and all testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified. The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ( "WATCH "), transportation, hauling, dumping, and recycling of removed material as part of this project. The City reserves the right to salvage existing luminaires. All salvaged luminaires shall be delivered to the City Corporate Yard at no cost to the City. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director or his authorized representative shall have the authority to accept /reject materials, workmanship and to make minor changes in work or schedule. When the RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page i 11 performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; 2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due to the Proposer, or if the amount is insufficient to cover payment, the Proposer shall be liable and will be billed accordingly. The Director or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Proposer, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. PROPOSER Local Office The Proposer shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. Proposer will not be allowed to store equipment or materials at any contracted area. Submittals The Proposer shall submit to the Director at the beginning of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification All vehicles and equipment on the project site shall be properly marked with company identification. 4. Licenses and Permits The Proposer shall possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C -10, a City of Santa Ana Business License. 5. Work Force a. The Proposer shall ensure that all work under this agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. The Proposer shall ensure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by the Proposer or its listed subcontractors. All subcontractors that will perform work under this agreement shall be listed on this proposal. No other subcontractors shall be permitted without prior written consent by the Director. c. The Proposer shall be responsible for skills, methods, appearance and action of Proposer's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and/or legal residents. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 112 d. The Proposer shall perform the work provided for in this proposal under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 6. Material The Proposer shall submit a list to the Director all materials that the Proposer proposes to the use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all federal State County and local agency laws guidelines and requirements Recycling All waste (including construction and demolition materials) resulting from work performed under this contract shall be recycled. The Contractor will be responsible for the disposal of all non - recyclable waste in accordance with all applicable local, State and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean -Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service The Proposer shall be able to receive and respond to the City's call for emergency service twenty-four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where contractor can be contacted twenty -four (24) hours per day, seven (7) days per week. 10. Cleaning Any and all parts removed and replaced, including but not limited to, globes and finials shall be cleaned before being replaced on the fixture. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 13 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a per each, (removed, disposed and installed) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writin . Provide & Install Extended Extended Unit Price Unit Price Extended Total Total Price Line Description Quantity Unit wlGlobe. w/o Globe. Price w /Globe w/o Globe 1 150W EQUIVALENT -Post Top Retrofit 368 EA wlo Globe PricewlGlobe w/o Globe 1 150W EQUIVALENT -Post Top Retrofit 150W EQUIVALENT Surface Mount 113 EA 2 Structure Luminaire EA 2 Structure Luminaire 3 25OW Equivalent Shoe Box Luminaire 10 EA 3 1 260W Equivalent Shoe Box Luminaire Total Extended Cost EA ALTERNAIEI'KUFUJAL Provide Only Extended Unit Price Unit Price Extended Total Total Price Line Description Quantity Unit w /Globe wlo Globe PricewlGlobe w/o Globe 1 150W EQUIVALENT -Post Top Retrofit 368 EA 15OW EQUIVALENT Surface Mount 113 EA 2 Structure Luminaire 3 1 260W Equivalent Shoe Box Luminaire 10 EA Total Extended Cost Go Green LED Alternatives, LLC LEGAL NAME OF COMPANY P.O. Box 277 Yorkville, IL 6050 BUSINESS ADDRESS PRINTED NAME OF AGENT OF AUTHORIZED AGENT PHONE AND FAX NUMBERS 301551 -1533 F:(630)554 -8518 President & C TITLE E -MAIL 26- 3224144 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. POST NG Page 114 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Village of Oswego Address: 100 Parkers Mille Oswego, IL 60543 Contact Individual: Brian LeClercq Phone Number: Facsimile Number: Contract Amount: $8490 Year: Description of supplies, equipment, or services provided: 2014 Replaced 25OW Sodium Vapor Street Lights with 120W LED Streetlights Reference Customer Name: Jewish Federation Address: 30 South Wells St Chicago, IL Contract Amount: $120,000 Description of supplies, equipment, or services provided: LED lighting for schools Reference Customer Name: Grand Victoria Casino Address: 250 S. Grove Elgin, IL 60120 Contract Amount: $100,000 Description of supplies, equipment, or services provided: Total retrofit of all lighting in the Casino Contact Individual: (630)383 -0106 (630)554 -3306 Reis Keyser Phone Number: (312)673 -2306 Facsimile Number: (312)735 -4105 Year: 2012 Contact Individual: Brett Terwilliger Phone Number: Facsimile Number: Year: 2012 (847)531 -7614 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 115 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constUe the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be retumed to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Go Green LED Alternatives, LLC Signed and Printed Name: Title Owner & President Date 10114114 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SAR r C STRUCTURE uvn i ING rage io EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided bylaw. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 117 Firm no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Go Green LED Alternatives, LLC Signed and Printed Title ❑rPSiriant R Owner Date 10/14/14 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 18 2. EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? 2 If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. What is your firm's average gross revenue for the last three years? $--LO 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes © No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ® No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ® No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ® No Has your firm ever defaulted on a contract? If "yes," explain on a separate page. ❑ Yes ® No 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ® No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 119 10. In the past five years, has your firm made any claim against a project owner concerning work on a roject or payment for a contract, and filed that claim in court or arbitration? [I Yes No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ® No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew he insurance policy policy for your firm? 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or❑ state Yes crime ❑ No fraud, theft, or any other act of dishonesty? If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project w one was No required? El 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes ® No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ® No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. FUM H Page 120 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ® No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 21 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California, County of Orange Country Subscribed and sworn to (or affirmed) before me on this I q 1-� day of (jam lc ber , 20_j_�L by S Cinjncj 6oekcjMt (es ,proved tome on the basis of satisfactory evidence to be the person(s) who appeared before me. OFFICIAL SEAL ROSLYNN WILDE Notary Public • Stita of Illinois My Commission EapBas Fab S, 2818 8 W V W W WV.�J Notary Pu c Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 22 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Valley Forge Insurance Co. This endorsement modifies such insurance as is afforded by the provisions of Policy # 20508 relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 418/14 , this endorsement form as a part of Policy # 20508 Issued to Go Green LED Alternatives, LLC Countersigned Insured Representative THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 23 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS MINIMUM PERFORMANCE REQUIREMENTS FOR SOLID STATE LIGHTING (LED) All luminaires shall be designed as a minimum replacement for either 150W HPS post top luminaire or 70W HPS post top luminaire. It is the City's desire to maintain the historical integrity of the streetlights and reserves the right to waive any of these requirements. Any na deviations p o these minimum requirements must be clearly designated All luminaires shall be SCE preaualified. Warranty 1. Written warranty must be provided by manufacturer for full replacement of the luminaire, including labor, due to any failure for a period of seven (7) years. 2. Luminaires shall, at the sole discretion of the City, be repaired or replaced if the luminaire fails to function as described in the above specifications for a period of eighty -four (84) months from date of installation. 3. Manufacturer shall provide written documentation of its ability to satisfy a catastrophic warranty claim. Luminaire failure rate of fifteen (15) percent shall be considered catastrophic. Any failure to function as specified shall be considered luminaire failure. 4. Warranty period shall begin on date of completion. The supplier will provide the City with appropriate signed warranty certificates. The site owner shall receive certificates prior to final payment. Section 1: Retrofit Requirements Proposed Retrofits shall comply with the following requirements: A. General Requirements 1. The retrofit manufacturer shall have produced LED retrofits for decorative street light luminaires for a minimum of 5 years at the time of this bid. 2 EnerrgIncentive r at the time of this proposal. i Prop seals for prototypes rand conceptual products will not be accepted. 3. Proposed products must be able to retrofit all required HID decorative street light wattages, and must be able to fit in a variety of pole configurations. B. Mechanical Requirements 1. Heat sinking for the Retrofits and electrical components shall be integral to the Retrofit itself, be passive with no moving or active parts with no moving parts, fans or heat pumps. It shall be shaped to maximize heat movement, and designed so that dirt and debris will not accumulate between fins or channels. 2. The Retrofit shall operate in ambient temperatures of -40 °C ( -40 °F) to +40 °C (104 0F). RFP FOR LED POST TOP STRUCTURE LIGHTING Page 124 3. The finish (paint) shall withstand minimum 1000 hours salt spray resistance testing per ASTM 6117 (extruded aluminum may be anodized instead of painted). C. LED Package (Light Source) Requirements 1. The LEDs shall be from Cree, Philips Lumileds, Nichia, Osram or equivalent. 2. The LED package shall have been tested for a minimum of 6000 hours per IES LM- 80 -08. 3. The LEDs shall be available with a nominal correlated color temperature (CCT) between 2700K - 4000K. 4. The LEDs shall have a minimum color rendering index (CRI) of 70. 5. The projected L70 lifetime (the point in time at which the LEDs are expected to produce only 70% of their initial lumen output) for the Retrofit shall be a minimum of 70,000 hours. Manufacturer shall supply a calculation pursuant to the Department of Energy TM -21 calculations. Please follow this link to the DOE TM -21 calculator — www eneraystar oov1TM -2l calculator. D. Photometric Requirements 1. The Retrofit shall deliver gross 90 lumens per watt (LPW) minimum at 350 mA drive current. 2. The Retrofit shall have been photometrically tested in a DLC approved fixture per IES LM -79 -08 by and independent laboratory, or an in -house laboratory with NIST NVLAP accreditation. 3. Photometric Specification: a. The Retrofit light engine shall have a minimum total luminous output of 4,700 lumens and a total wattage draw of no more than 75 watts for the 150 W replacement and have a minimum total luminous output of 2500 lumens and a total wattage draw of no more than 35 watts for the 70 W replacement, b. The manufacturer shall provide documentation via a photometric layout that their Retrofit as installed in the decorative luminaire meets the photometric performance requirements for sidewalk lighting as follows: i. Parameters: 80 -ft. pole spacing, single row, 14 -ft. mounting height, 10 -ft. wide sidewalk, 3 -ft. setback. Retrofit light loss factor (LLF) no higher than 0.85. ii. Requirements: The Retrofit shall have a Type V distribution, and shall provide pedestrian walkway lighting consistent with 0.50 fc minimum average horizontal luminance, and an avg /min uniformity ratio of 4.0 or less, per IES RP -08 walkway lighting recommendations. E. Electrical Requirements 1. The driver (power supply) shall have the following characteristics: a. UL recognized component listed for outdoor use b. Minimum power factor 0.90 c. Maximum THD (Total Harmonic Distortion) 20% d. Compliance with FCC Title 47, Part 15 (Class A) 2. The driver shall be available with input voltage ranges from 120 -277 volts. 3. The driver, as operated in the luminaire, must not exceed the driver manufacturer's maximum case temperature limits for a rated life of at least 50,000 hours. 4. The Retrofit shall be protected against surges according to IEEE C62.42 C High (10 kA and W). RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 125 III, All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria H. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Joe Straka Assistant City Attorney f... i i' '•. T_.. Fred Mousavipour Executive Director, Public Works Agency CITY OF SANTA ANA David Cavasos City Manager i l f (Title) RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 136 mom MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS P. David Benavides Carlos Bustamante Michele C. Martinez Vincent Sarmiento Sal Tinajero PROJECT #14 -048 ADDENDUM NO. ONE Public Works Agency 20 Civic Center Plaza • P.O. Box 1988, M -21 Santa Ana, California 92702 September 23, 2014 REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS The following clarification has been made to specifications of the subject RFP: Changes are noted below. All other terms and conditions remain the same. DESCRIPTION AND SCOPE OF WORK CITY MANAGER Paul M. Walters CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Huizar The City of Santa Ana is issuing this Request for Proposals (RFP) LED Retrofit Downtown Streetlights & SARTC Parking Structure Lighting. This RFP calls for: removal and disposal of existing luminaires; furnishing and installing new LED luminaires; all testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified. ALL FIXTURES MUST BE DLC APPROVED. The City desires to install two (2) types of post top LED retrofit fixtures. The fixtures must be designed to fit in existing historical streetlight poles and /or globes. There is an option to provide globes; the globes shall be: Formed Plastics FP118 -9PCC w/ FP 110 finial or approved equal. 1. For "double king" historic streetlight poles. Proposed fixture shall be down -light style: Powerlux of r= noTrnnnnronnr10 with globe: PLEDPT /4000/840/120 - 277 /MP /F1 without globe: PLEDPT/4000/840/120- 277/F1 or approved equal. 2. For single pole fixture shall be: ' ightiRg by D8SigR BD /6613unrWMOGINI EYE Lighting LEW 54W 333 840 HWD or approved equal. 3. For surface mount parking structure lights the fixture shallbe: Simply LED CLG- 60 -C -AFJ or approved equal. / � 4. For shoe box style the fixture shall be: Deco Digital D816-L EE9-Bfl ST- UNV -PM -BZ or approved equal. Insurance is NOT required for provide only proposals. All proposals must have specified Bid Bond THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. sduTV� coat/ Gt., ��S &qj w,'afe',A tl 001J . REQUEST FOR PROPOSALS (RFP) M LED Retrofit Downtown Streetlights E� SARTC Parking Structure Lighting No. 14.048 CITY OF SANTA ANA Santa Ana Public Works Department 20 Civic Center Plaza M -22 Santa Ana, CA 92701 Kurt Wlemann Projects Manager (714) 647.5639 Office (714)647.5068 Fax kwiemann§santa -Ong &W EdVin "William" Galiaz, P E. Interim Executive Director Public Works Agency RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING o UM Co a s-F KEY RFP DATES: Issue Date: Proposal Due Date: Projected Award Date: NOTICE INVITING PROPOSALS Thursday, September 18, 2014 Tuesday, October 14, 2014 @ 2:00 PM. Tuesday November 18, 2014 NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to LED Retrofit Downtown Streetlights & SARTC Parking Structure Lighting. Responses to the Request for Proposals (RFP) will be accepted until 2:00 PM. If further information is required, contact Kurt Wiemann at (714) 647 -5639 or kwiemann santa-ana.or All notifications, updates and addenda will be posted on the City's current RFP Bid page at www.santa- ana.orq/b,ids -rfps. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation and addenda. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California Class 0-10 Contractor's license prior to the scheduled award date of this contract. Proposers desiring to propose ALTERNATE PROPOSAL only do NOT need a contractor's license. Proposers may submit to either or both. Proposers may submit one (1) fixture and one (1) alternate fixture per application. The City reserves the right to select the Proposer(s) that best fit the needs of the City MAILED, DELIVERED BY HAND or COUIRIERED proposals will be accepted as follows: City of Santa Ana Kurt Wiemann Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Kurt Wiemann at kwiemann §santa- ana.or . The receiving time in the Public Works Agency, 20 Civic Center Plaza, Santa Ana, CA 92702 Third Floor, Ross Annex, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Souf�/) Coalf �%,, #c�cu yvc�rfa{ ��ly. w s pry�� r d�lp ��♦ CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR LED POST TOP RETROFIT STREETLIGHTS TABLE OF CONTENTS EXHIBIT A — SCOPE OF SERVICES PAGE I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. PROPOSAL DEPOSIT AND PERFORMANCE BOND 4 IV. SCOPE OF WORK/SERVICES 4 V. GENERAL INFORMATION 5 VI. COORDINATION 5 VII. CONTRACTOR RESPONSIBILITIES 5 VIII. LICENSE REQUIREMENTS 6 IX. INITIATION /KICK OFF MEETING 6 X. CITY BUSINESS LICENSE 6 XI. ADDENDA 6 XII. RULES FOR PROPOSALS 6 XIII. PREPROPOSAL MEETING 6 XIV. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 6 XV. SUBMITTAL INFORMATION AND DEADLINE 6 XVI. SUBMITTAL REQUIREMENTS 6 XVII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 8 XVIII. PUBLIC RECORDS 9 EXHIBIT A — SCOPE OF SERVICES 10 EXHIBIT B — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 14 EXHIBIT C — PROPOSERS REFERENCES 15 EXHIBIT D — PROPOSERS STATEMENT 16 EXHIBIT E — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 17 EXHIBIT F — RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE 19 EXHIBIT G — NONCOLLUSION AFFIDAVIT 22 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 23 EXHIBIT I — MINIMUM PERFORMANCE REQUIREMENTS 24 EXHIBIT J — MINIMUM PROPOSER QUALIFICATIONS 28 EXHIBIT K - SAMPLE AGREEMENT 19 EXHIBIT L — LOCATION AND FIXTURE SCHEDULE EXHIBIT M - MAP OF LOCATIONS RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 3 Maf-arN I d V?� x CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR LED POST TOP RETROFIT STREETLIGHTS LED PARKING STRUCTURE LIGHTING The purpose of this Request for Proposals (RFP) is to obtain a Proposer to enter an agreement with the City to (1) remove and dispose of existing historic, decorative post top street light luminaires, and furnish and install energy efficient LED post top retrofit streetlight luminaires (2) remove and dispose of existing high pressure sodium parking structure lighting and install new energy efficient LED structure lighting. The ALTERNATE PROPOSAL is to provide and test only. The Proposer will be required to provide 375 LED post top retrofit street light luminaires and 123 parking structure luminaires. The City reserves the right to increase or decrease the quantity of lights at no additional cost per fixture. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of one year or until the work is complete. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is Tuesday November 18, 2014 and may be adjusted as necessary by the City. III. PROPOSAL DEPOSIT AND PERFORMANCE BOND IV. A proposal deposit in the amount of five percent (8 %) of the total proposed annual contract amount set forth in Exhibit B shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a performance bond & payment bond in the amount of one - hundred percent (100°/x) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to execute the written contract and furnish the required performance bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The performance bond is to be renewed annually and submitted by the contractor in the amount of the total annual contract amount. Performance & Payment bonds are not required for provide only alternate. The scope of work may include any and all work efforts as set forth in EXHIBIT A - SCOPE OF SERVICES. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 4 Lo (4#) CC) as f tt , ) WAJ7 vwierl� cf( C) 5 The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes. V. GENERAL INFORMATION 1W A. The term of the contract will begin after the contract award by the City Council and approval of required bonds. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at preproposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission, Agency, and Council meetings,. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City. When coordination efforts require agreements, such agreements shall be coordinated through the City. VII. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 5 .S o A Co ash (J�VI l� rV1�O ` 6�v(� maw r k l oil I �J VIII. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. IX. INITIATION /KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit G). XIII. PREPROPOSAL MEETING A preproposal meeting is not scheduled for this RFP. Should a meeting become necessary, an addendum will be posted on the City website. XIV. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at http: / /www.ci.santa- ana.ca.us /bids - rips /default.asg. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XVI. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 6 A. Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. One (1) copy of the submittal on a USB flash drive labeled with Proposer's name and proposal number. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, and exhibits. D. Proposal Pricing shall be submitted in a separate, sealed, marked envelope. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 25 PAGES (excluding front and back covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: 1. Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and sub - consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project. 4. Financial Responsibility (Capacity): Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) -day period. If said financial statement does not reflect full ninety (90) -day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. 5. Proposal Deposit (Bid Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal item pricing in Exhibit B. B. EXHIBIT B — PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING C. EXHIBIT C — REFERENCES — The Proposer shall submit a list of agencies, past and present, for which you have provided work similar to that identified in this RFP (Exhibit A) for the last 5 years. D. EXHIBIT D - PROPOSERS STATEMENT RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 7 !� Oqt (0Q& I 01,) KArj? kWak-f�a) CM,�. E. EXHIBIT E — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR F. EXHIBIT F — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE G. EXHIBIT G — NONCOLLUSION AFFIDAVIT H. EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY 1. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. J. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The proposals will be reviewed by a committee of City team members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth below. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The response to this Request for Proposals should contain documentation of Proposer's credentials and expertise in this field. Substantial consideration will be given to Proposers with documented experience in performing similar work. This project is funded by an investor -owned utility financing program. Luminaire pricing /wattage shall be subject to a ten (10) year simple payback limit. Payback shall be based on $12 per kWh. The committee will evaluate all proposals based on the following criteria: A. Ability of Proposed Fixture to function as described in Exhibit I and Proposer Qualifications as described in Exhibit J 1. Ability of proposed street lights to perform as specified herein. 2. Ability of Proposer to obtain and install the units in the specified time. 3. Contractor's financial ability to provide uninterrupted services throughout the term of the agreement. 4. Experience of staff assigned to the contract. 5. Experience of supervisory and management staff assigned to the contract. 6. Record of performance on contracts with other cities, governmental agencies or public bodies, includes such factors as reliability, adherence to specifications and compliance with contract terms and conditions. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 8 96,�Ath C00V 01 owl , ��� �. 7. Acceptable, verifiable references and site reviews. 8. Amount of time manufacturer indicated by Proposer has been manufacturing outdoor street lights and manufacturing LED street lights. B. Cost of Proposal EVALUATION PROCESS In addition to submitting all documentation specified in this RFP, Proposers will be required to provide two (2) sample units of each fixture, at no cost to the City, to demonstrate the ability of their proposed equal product to successfully perform as specified by this RFP. Sample units must be exact model of proposed luminaire and be provided on the due date of the proposal. Sample units may be provided, at proposer's option, prior to the due date of the proposal. The City will evaluate all proposals and fixtures for conformance to criteria specified herein and select the top three rated fixtures. The top rated proposal price envelopes will then be opened and the lowest priced proposal selected. The City shall have thirty (30) days upon receipt of test samples to perform evaluation and testing. The sample units will become property of the City after the test period. XVIII. PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 1 9 ,-7"Outt Wit EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) LED Retrofit Downtown Streetlights & SARTC Parking Structure Lighting. This RFP calls for: removal and disposal of existing luminaires; furnishing and installing new LED luminaires; all testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified. ALL FIXTURES MUST BE DLC APPROVED. The City desires to install two (2) types of post top LED retrofit fixtures. The fixtures must be designed to fit in existing historical streetlight poles and /or globes. There is an option to provide globes; the globes shall be: Formed Plastics FP118 -9PCC w/ FP 110 finial or approved equal. 1. For "double king" historic streetlight poles. Proposed fixture shall be down light style: Powerlux PLEDPT /4000/840/12 - 240 /MP /H2 /F1 or approved equal. 2. For single pole fixture shall be: Lighting by Design LBD /66 /3K/V3 /MOG /NL or approved equal. 3. For surface mount parking structure lights the fixture shall be: Simply LED CLG- 60 -C -AP or approved equal. 4. For shoe box style the fixture shall be: Deco Digital D816- LED- 80- 50- UNV -PM -BZ or approved equal. Approved Equal: Fixture submittals for approved equal must be submitted one week prior to due date of proposals with actual fixture samples due on proposal due date. ALTERNATE PROPOSAL calls for providing fixtures only with no installation. All testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified shall be included in the "provide only" cost. 11. IMPLEMENTATION City staff shall have the right to modify, reduce, or delete the services as needed by City. The term of the contract shall be for one (1) year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. A. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $500 per day for such breach, in addition to any cost, fines, etc. levied against the City. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page j 10 �o uTh coa,0 b r �bo V00k(W Gil j B. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. C. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements and as they may be amended or updated throughout the term of this contract. D. ASSIGNMENT Inasmuch as this contract 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 City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. E. JURISDICTION — VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract 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 contract. F. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. G. SCOPE OF WORKISPECIAL PROVISIONS The Request for Proposals calls for removal and disposal of existing luminaires; furnishing and installing new LED street lights and all testing, including photometric and energy consumption, to prove that furnished luminaires perform as specified. The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ( "WATCH "), transportation, hauling, dumping, and recycling of removed material as part of this project. The City reserves the right to salvage existing luminaires. All salvaged luminaires shall be delivered to the City Corporate Yard at no cost to the City. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director or his authorized representative shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page l 11 ,, S� aU Cr>a performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and /or forfeiture for delay be assessed; 2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due to the Proposer, or if the amount is insufficient to cover payment, the Proposer shall be liable and will be billed accordingly. The Director or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Proposer, interpretation of the specifications, and compensation to include completion of work by alternate sources. PROPOSER Local Office The Proposer shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. Proposer will not be allowed to store equipment or materials at any contracted area. 2. Submittals The Proposer shall submit to the Director at the beginning of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification All vehicles and equipment on the project site shall be properly marked with company identification. 4. Licenses and Permits The Proposer shall possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C -10, a City of Santa Ana Business License. 5. Work Force a. The Proposer shall ensure that all work under this agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. The Proposer shall ensure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by the Proposer or its listed subcontractors. All subcontractors that will perform work under this agreement shall be listed on this proposal. No other subcontractors shall be permitted without prior written consent by the Director. C. The Proposer shall be responsible for skills, methods, appearance and action of Proposer's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and /or legal residents. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 12 L 0 LA* (,dasf C.� IotcPcOff� VWa,erW ckrf d. The Proposer shall perform the work provided for in this proposal under the direction of the Director. The Director may make inspections at anytime and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 6. Material The Proposer shall submit a list to the Director all materials that the Proposer proposes to the use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all federal, State, County and local agency laws, guidelines and requirements. 7. Recycling All waste (including construction and demolition materials) resulting from work performed under this contract shall be recycled. The Contractor will be responsible for the disposal of all non - recyclable waste in accordance with all applicable local, State and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean -Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service The Proposer shall be able to receive and respond to the City's call for emergency service twenty -four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where contractor can be contacted twenty -four (24) hours per day, seven (7) days per week. 10. Cleaning Any and all parts removed and replaced, including but not limited to, globes and finials shall be cleaned before being replaced on the fixture. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 113 sOU0 Coat l Lt.) �� c�h n ma d o EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: q "t ..S C 0 , / Address: I I '? , OftlCl/Away 6,fe • A00 Contract Amount: " Contact Individual: Q yo-e-s A 1',q e kA Phone Number: 7,1 -3 - G/ 7 ° 14 Facsimile Number: Year: Description of supplies, equipment, or services provided: p_ 1 eIj-( -lam 2 a �{rs s,' . x Tply (JV&- IIr cb-cd �i4"} L l �kr� f QS�i� J Lr�j%tlTit r r� Reference L Customer Name: Address: C-)( V aA) S' Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: f�t LL AA o Vt At/ Address: ` -� n z'a c:l Fia+`Q c� ✓Lt V1 614-, c,` Contract Amount: WOO noo Contact Individual: I)Ay e- 6f V V1 o ✓0e-z, Phone Number: 71 Facsimile Number: Year: Contact Individual: CV 1 i 1 S Phone Number: '71 Lj `q q ) - 6 -716 Facsimile Number: Year: Description of supplies, equipment, or services provided: Upl))4 aCx. -�Mxz t &C lei r 4 SaA{� L ;)r, PQ1S4 I L yf�, THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 115 S0LATV) CdaSf 1-; -) 04SQ j Yw c(k vnr'af oV9� . EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm -!53 C, Signed and Printed Name: Title V d C Z- Date f 6 IG. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 16 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a per each, (removed, disposed and installed) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. 1 16UV*= QUIVALENT -Post Top g5 EA Re Ingle" 2 15OW EQUIVALENT -Pos q EA Retrofit "Double King" 3 15OW EQUIVALENT Surface 113 Mount Structure Luminaire 4 25OW Equivalent 10 EA Total Extended Cost ALTERNATE PROPOSAL 1a 150W EQUIVALENT -Post Top Retrofit "Single" 85 EA 1 �I.vJ0ea 1305e4- ea- ...+%rr}� r �`'"I ✓ ® Z� () Z y I J 2a 15OW EQUIVALENT -Post Top Retrofit "Double King" 5 EA ti ��t'C96 ZU f4. '1 �1 � ZG-J c-11�ry %� I v �61 ! 1 5 '7 z i 3a EQUIVALENT Surface Mou nt Structure Luminaire 113 EA J,; U q e4 u Y J Z) O 5 7 4a 25OW Equivalent Shoe Box Luminaire 10 EA �� �(�, A 4 5)'z, 5 � - Total Extended Cost _ A-1'7 gq'f7 111P3, 1 `7 I THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED COBRAHEAD STREETLIGHTS ADDENDUM #1 Page 117 a 117i O O O O O O O O Q1 Ln m V1 00 O Ln O ai o of oo r; o 00 r, m m H 00 O m O n W N p Ln O f7 � O1 N H � Ln 1* O N N in- V} r-1 t/} rl V/ O O O O O O O O Q1 Ln m V1 00 O Ln O N m O M il} 4/} Lr VT O H \ l0 p Ln O f7 � O1 N H � U C N C 0 O U 0/ t_ O s v v L 'y� m �j w R Iy f6 O. Y O C s_ O O 0 m EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1039, and as amended, RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 117 'Cowrh CaaS f L0V��r'vj) ool q. no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Sc7 �-k //CG U- 4= Signed and Printed Name: Y , 76A— Title O )Cq- Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 18 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE, sit PP I1e2 How many years has your organization been in business in California as a gantmeW under your present business name and license number? Ai3 Y("A P S . If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. II c What is your firm's average gross revenue for the last three years? $__ WI r , /11W 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes No YN If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes 5LIV�I—No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes Rt-No Has your firm ever defaulted on a contract? If "yes," explain on a separate page. ❑ Yes 4 t`No 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? El Yes `\o If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page l 19 s0-r-ITh cdas-� 1'Of,'m, 10. In the past five years, has your firm made any claim against a project owner concerning work on a pr�ect or payment for a contract, and filed that claim in court or arbitration? ❑ Yes T�- No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issu d on your firm's behalf in connection with a project, either public or private? ❑ Yes Er No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes *No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes {o If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. % 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes 'No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes NrNo (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties agains the contractor or its associates in the past five years? ❑ Yes KNo (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 120 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 21 a to Cc) �s (/► 7�It�t q , �D � � Vh�t of iG� c �� . EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. e�/' State of Califo4a/County of0 9;A"M %E, Subscribed and sworn to (or affirmed) before me on this day of O O b 20 by P/i u c+�ffv 1 cw X52. proved to me on the basis of satisfactory evidence to be the pers n(s) who ppeared bdYore me. 3NANNUN ROJAS �a�p i'oder'. # 1923297 41? �' +'" No'fARY PUBLIC -CALIFORNIA qRt, I? C1923 rwcvti- .rvwi.:�M�mN, o ry Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 22 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as ib afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Countersigned by Named Insured Authorized Representative THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 23 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS MINIMUM PERFORMANCE REQUIREMENTS FOR SOLID STATE LIGHTING (LED) All luminaires shall be designed as a minimum replacement for either 150W HPS post top luminaire or 70W HPS post top luminaire. It is the City's desire to maintain the historical integrity of the streetlights and reserves the right to waive any of these requirements. Any deviations from these minimum requirements must be clearly designated on the proposal. All luminaires shall be SCE nregualified. Warranty 1. Written warranty must be provided by manufacturer for full replacement of the luminaire, including labor, due to any failure for a period of seven (7) years. 2. Luminaires shall, at the sole discretion of the City, be repaired or replaced if the luminaire fails to function as described in the above specifications for a period of eighty -four (84) months from date of installation. 3. Manufacturer shall provide written documentation of its ability to satisfy a catastrophic warranty claim. Luminaire failure rate of fifteen (15) percent shall be considered catastrophic. Any failure to function as specified shall be considered luminaire failure. 4. Warranty period shall begin on date of completion. The supplier will provide the City with appropriate signed warranty certificates. The site owner shall receive certificates prior to final payment. Section 1: Retrofit Requirements Proposed Retrofits shall comply with the following requirements: A. General Requirements 1. The retrofit manufacturer shall have produced LED retrofits for decorative street light luminaires for a minimum of 5 years at the time of this bid. 2. Proposed products must be available, in full production, and qualify for the Southern California Edison Energy Incentive at the time of this proposal. Proposals for prototypes and conceptual products will not be accepted. 3. Proposed products must be able to retrofit all required HID decorative street light wattages, and must be able to fit in a variety of pole configurations. B. Mechanical Requirements 1. Heat sinking for the Retrofits and electrical components shall be integral to the Retrofit itself, be passive with no moving or active parts with no moving parts, fans or heat pumps. It shall be shaped to maximize heat movement, and designed so that dirt and debris will not accumulate between fins or channels. 2. The Retrofit shall operate in ambient temperatures of -40 °C ( -40 °F) to +40 °C (104 1F). RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 24 3. The finish (paint) shall withstand minimum 1000 hours salt spray resistance testing per ASTM 8117 (extruded aluminum may be anodized instead of painted). C. LED Package (Light Source) Requirements 1. The LEDs shall be from Cree, Philips Lumileds, Nichia, Osram or equivalent. 2. The LED package shall have been tested for a minimum of 6000 hours per IES LM- 80 -08. 3. The LEDs shall be available with a nominal correlated color temperature (CCT) between 2700K - 4000K. 4. The LEDs shall have a minimum color rendering index (CRI) of 70. 5. The projected L70 lifetime (the point in time at which the LEDs are expected to produce only 70% of their initial lumen output) for the Retrofit shall be a minimum of 70,000 hours. Manufacturer shall supply a calculation pursuant to the Department of Energy TM -21 calculations. Please follow this link to the DOE TM -21 calculator — www.energystagLB2v/TM -21 calculator. D. Photometric Requirements 1. The Retrofit shall deliver gross 90 lumens per watt (LPW) minimum at 350 mA drive current. 2. The Retrofit shall have been photometrically tested in a DLC approved fixture per IES LM -79 -08 by and independent laboratory, or an in -house laboratory with NIST NVLAP accreditation. 3. Photometric Specification: a. The Retrofit light engine shall have a minimum total luminous output of 4,700 lumens and a total wattage draw of no more than 75 watts for the 150 W replacement and have a minimum total luminous output of 2500 lumens and a total wattage draw of no more than 35 watts for the 70 W replacement, b. The manufacturer shall provide documentation via a photometric layout that their Retrofit as installed in the decorative luminaire meets the photometric performance requirements for sidewalk lighting as follows: i. Parameters: 80 -ft. pole spacing, single row, 14 -ft. mounting height, 10 -ft. wide sidewalk, 3 -ft. setback. Retrofit light loss factor (LLF) no higher than 0.85. ii. Requirements: The Retrofit shall have a Type V distribution, and shall provide pedestrian walkway lighting consistent with 0.50 fc minimum average horizontal luminance, and an avg /min uniformity ratio of 4.0 or less, per IES RP -08 walkway lighting recommendations. E. Electrical Requirements 1. The driver (power supply) shall have the following characteristics: a. UL recognized component listed for outdoor use b. Minimum power factor 0.90 c. Maximum THD (Total Harmonic Distortion) 20% d. Compliance with FCC Title 47, Part 15 (Class A) 2. The driver shall be available with input voltage ranges from 120 -277 volts. 3. The driver, as operated in the luminaire, must not exceed the driver manufacturer's maximum case temperature limits for a rated life of at least 50,000 hours. 4. The Retrofit shall be protected against surges according to IEEE C62.42 C High (10 kA and W). RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 125 F. Testing /Certification /Compliance 1. The Retrofit must be classified by an OSHA Nationally Recognized Testing Laboratory (NRTL) as complying with UL 1598c and UL 8750 (Examples of NRTLs include CSA, Intertek [ETL], and UL). 2. Retrofit manufacturers that operate factories that are ISO9001 (quality assurance) registered are preferred. 3. All electrical components in the Retrofit shall be RoHS compliant. 4. The proposed Retrofit must be listed on the Design Lights Consortium Qualified Products List. 5. The manufacturer may be required to submit test data obtained from an Energy Star qualified independent test lab to verify in -situ LED temperature. The temperature is to be measured at the Ts, TsP, or TMPLED point indicated on the LED by the LED manufacturer. The testing is to be performed per the Energy Star SSL program methodology. The manufacturer must demonstrate with the resulting data that the TsP temperature of the innermost LED is no more than 60 °C. The in -situ test must be performed while the Retrofit is operating inside the globe. 6. The manufacturer shall submit documentation of the calculated life expectancy of their Retrofit. The documentation provided shall be based upon in -situ TsP temperature data from an independent Energy Star qualified lab (as described in 5. above) and the LM -80 lumen maintenance data provided by the luminaire manufacturer's LED supplier. The resulting calculated L70 lifetime of the luminaire shall be no less than 70,000 hours. G. Required LED Submittal Documents Proposers shall submit the following with their proposals, for each proposed product model: a. Retrofit specification sheet b. Driver specification sheet c. Surge protection specification sheet d. I ES LM -79 test report (include photometry and colorimetry) e. In -Situ temperature test f. A completed Section 2 table g. Performance (photometric) calculation per Section 3 h. Product lumen depreciation curves used to determine LLF for Section 3 calculations. Proposers shall also submit the following information to validate the lumen maintenance curves. These shall be included in the proposal: a. Brief explanation of methodology used to arrive at the projected lumen maintenance b. The LED manufacturer's LM -80 test report for a minimum of 6000 hours testing c. A luminaire In -Situ Temperature Measurement Test (ISTMT) from an NRTL, NVLAP accredited lab, or in -house lab in an NRTL data acceptance program (test at 25 °C ambient or higher) Section 2: Product Checklist Item Description Required Response Product manufacturer Yes Product model number Yes A.1 How long has your company been manufacturing LED retrofits for decorative street lights? Yes A.2 How long has this model /generation been produced? Yes A.4 Warrant in ears Yes B.3 Luminaire ambient temperature range Yes B.4 How many hours ASTM 13117 testing? Yes C.1 LED manufacturer and model number Yes RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page i 26 C.3 CCT °K Yes CA CRI � Yes C.5 Projected L70 life hours Yes D.1. LPW Yes D.2 IES Photometric Testing to LM -79 Yes D.3.a Total Luminous Output Yes D.3.b Photometric Layouts Yes E.1 Available input voltage range(s) Yes E.3 Driver rated life and max case temp Yes EA Sure protection level? Yes F.1 NRTL File Number Yes F.2 Is factor IS09001? Yes F.3 Is roduct RoHS com liant? Yes F.4 I Is product on DLC QPL? Yes G.1 Are all required documents included? Yes Section 3: Performance Calculations All layouts shall use a light loss factor (LLF) that equals the product's projected lumen maintenance at 70,000 hours LED life. No other factors should be included in the LLF for these calculations. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 27 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS MINIMUM PROPOSER QUALIFICATIONS 1. The manufacturer of the proposed LED luminaires is required to have a minimum of five (5) years in business manufacturing outdoor street lighting. The Proposer shall provide and attach documentation to this RFP verifying this experience. In this documentation include any additional experience in other street light technologies and types other than LED cobra - head -style street lights. 2. The Proposed manufacturer is required to provide proof of sale and delivery of at least one thousand (1,000) LED lighting fixtures similar to the items in this RFP to public agencies or utilities within the United States of America in the past three (3) years. This submittal should indicate the specific type, and to whom the items were delivered, and the total number that have been installed to date. The Proposer shall provide and attach documentation to the RFP verifying this level of experience. 3. The Proposer is required to be a manufacturer, manufacturer's authorized distributor, or manufacturer's authorized installer for LED street light luminaires that are submitted in this RFP. The Proposer shall provide and attach documentation to the RFP verifying its status as a manufacturer, manufacturer's authorized distributor, or manufacturer's authorized installer. 4. Proposer must certify that luminaires shall conform to the current Illuminating Engineering Society (IES) definition of "Full Cut -Off," with zero (0) illumination at an angle of ninety (90) degrees above the luminaire. 5. Proposer must provide IES files for each fixture type from an IES - certified testing facility. Proposer certifies that it will provide IES files for each fixture type to be offered to meet the attached specification. 6. Proposer must certify that it has sufficient access to both required product, labor and resources to supply the contract number of luminaires within eight (8) weeks of execution of the Agreement. 7. Proposer certifies that it has the financial capability to furnish the required bonds and securities (material, payment, and securities) which the successful Proposer will be required to furnish at the time of execution of the Agreement. 8. Proposer must provide manufacturer's Certification of Warranty for a minimum of seven (7) years. Warranty shall include all components of the luminaire. 9. Proposer must provide a notarized document indicating that the products supplied by the company, whom any future agreement or contract may be contemplated, are not named in any intellectual property dispute. 10. Any Proposer that fails to provide the required proof of qualifications shall have its proposal declared "nonresponsive" and its submittal shall not be considered for this proposal. By submission of a proposal, Proposer's agree that the City of Santa Ana shall make the sole determinations as to the Proposer meeting these minimum qualifications. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 28 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this _th day of November, 2014 by , Inc. (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of LED street light manufacturing and installation of LED luminaires. B. Proposer represents that Contractor i6ble and willing to provide such services to the City. C. In undertaking he performan a of this greement, Contractor represents that it is knowledgeable in its fie f1 and that an service erformed by Contractor under this Agreement will be performed in compliance \with such st ndards s y reasonably be expected from a professional consulting firm in the a field. NOW THEREFOR in constideration o them tual d respective promises, and subject to the terms and conditions herei fter se�forfh, the arties agree s follows: I.SCOPE OF SERVI Contractor shall perform \hose services as� identified as scope of work in Exhibit A of the Request for Proposals. ILCOMPENSATION A. The City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in scope of work and contract pricing. The total sum to be expended under this Agreement shall not exceed $ during the term of this Agreement. B. Payment by City shall be made within sixty (60) days following receipt of payment from investor owned utility financing, 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. III.TERM The term of the contract shall be for one (1) year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. 2. The contractor shall deliver and install all items under this contract within a period of one year from this date unless terminated earlier in accordance with Section XII. 3. City agrees to pay and contractor agrees to accept as total payment for its services, the prices set forth in contractor's proposal, attached hereto and incorporated by reference. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 1 29 (i) Invoices a. The contractor shall submit an invoice upon completion of the project to the City. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 4. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City Engineer or his designee in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. 5. Payment by City shall be made within sixty (60) days following receipt of invoice. 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. IV.INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall be construed to create an employer - employee relationship or a joint venture relationship; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V.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 shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or without limitation, act 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 One Million Dollars ($1,000,000.00) per occurrence. Contractor shall supply City with fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 30 for owned, hired and non -owned automobiles. C. Workers 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 Workers 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 One Million Dollars ($1,000,000.00) per accident. D. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per claim. E. The following requirements apply to the insurance to be provided by Contractor pursuant to this se 'on: ontractor shall maintain all insurance required above in full force and effect for the entire \\ r d covered by this Agreement. 2. Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 3. Certificates and policies shall state that the policies shall not be cancelled 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 affect Contractor's right to be paid for its time and materials expanded 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. 19 III IJId:4J,IJlla[9_AI[a]� Contractor agrees to 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 direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all cost 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, effects arising from this Agreement. City may make all reasonable decisions with respect to its representative in any legal proceeding. VILCONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential information" shall include all nonpublic information. Confidential RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page l 31 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 nonuse and nondisclosure shall not apply to any information that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially; 4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without reference to information disclosed by the City. VIII.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 if services specified under this Agreement. IX.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 facsimile or other telegraphic communication in the manner provided in the section, to the following persons: To City: Clerk of the City Council City of Santa Ana P.O. Box 1988 M -30 Santa Ana, CA 92702 -1988 Fax (714) 647 -6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M -21 Santa Ana, CA 92702 And: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax (714) 647 -6515 X.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, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representatives, 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. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 32 XLASSIGNMENT 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 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 the City personnel or by other Contractor retained by City. XILTERMINATION This Agreement may not 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 products completed as of such date, and in such case such work product shall be 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. XIILDISCRIMINATION 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. XIV.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. XV.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 Sates, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of their inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. XVI.RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and /or property that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 33 XVILFAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that in the short run, if the Contractor fails to perform the work as specified herein, the Director, 1) will pay only for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. B. If the Contractor performs the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and forfeiture for noncompletion per schedule totals five (5) percent of the total contract price, the City will put the Contractor under notice of noncompliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and forfeiture for noncompletion per schedule totals ten (10) percent of the total contract price, the contract is subject to cancellation at the City's option. In the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued by changing contractors. XVIII.SAFETY REQUIREMENTS All work performed under this contract shall be performed in a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. XIX.HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and /or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency. XX.UTILITIES Any damage to utility lines that occurs shall immediately report to the utility company that is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. XXI.ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. XXILPROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are damaged they shall be replaced in kind at the Contractor's expense. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 34 XXIII.TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact the Director for approval. XXIV.MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for routine and /or extraordinary maintenance of this contract. Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and /or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. XXV.WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the Contractor fail to correct deficiencies or public nuisances that have been created because of his operation, then these will be considered to be of an emergency nature and cause the City to move in on the project to make corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred Dollars ($200.00) for each callout. XXVI.APPRENTICESHIP STANDARDS Where required under law, the contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. XXVILSUBCONTRACTORS The successful proposer shall not, without the written consent of the City A. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. B. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. C. Subcontract any portions of the work after bid is submitted if the cost thereof exceeds one -half (1/2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. XXVIII.MISCELLANEOUS PROVISIONS II. 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. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 35 III. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Maria H. Huizar David Cavasc Clerk of the Council ity Manager APPROVED AS TO FORM SONIA R. C< City Attorney By: \ Joe Straka Assistant City Attorney RECOMMENDED FOR AP, PROVAL:\ \ CONTRACTOR Fred Mousavipour Executive Director, Public Works Agency (Name) (Title) RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 1 36 F. Testing/Certification/Compliance 1. The Retrofit must be classified by an OSHA Nationally Recognized Testing Laboratory (NRTL) as complying with UL 1598c and UL 8750 (Examples of NRTLs include CSA, Intertek [ETL], and UL). 2. Retrofit manufacturers that operate factories that are ISO9001 (quality assurance) registered are preferred. 3. All electrical components in the Retrofit shall be RoHS compliant. 4. The proposed Retrofit must be listed on the Design Lights Consortium Qualified Products List. 5. The manufacturer may be required to submit test data obtained from an Energy Star qualified independent test lab to verify in -situ LED temperature. The temperature is to be measured at the Ts, Tsa, or TMP«o point indicated on the LED by the LED manufacturer. The testing is to be performed per the Energy Star SSL program methodology. The manufacturer must demonstrate with the resulting data that the TSP temperature of the innermost LED is no more than 60 °C. The in -situ test must be performed while the Retrofit is operating inside the globe. 6. The manufacturer shall submit documentation of the calculated life expectancy of their Retrofit. The documentation provided shall be based upon in -situ TsP temperature data from an independent Energy Star qualified lab (as described in 5. above) and the LM -80 lumen maintenance data provided by the luminaire manufacturer's LED supplier. The resulting calculated L70 lifetime of the luminaire shall be no less than 70,000 hours. G. Required LED Submittal Documents Proposers shall submit the following with their proposals, for each proposed product model: a. Retrofit specification sheet b. Driver specification sheet c. Surge protection specification sheet d. IES LM -79 test report (include photometry and colorimetry) e. In -Situ temperature test f. A completed Section 2 table g. Performance (photometric) calculation per Section 3 h. Product lumen depreciation curves used to determine LLF for Section 3 calculations. 2. Proposers shall also submit the following information to validate the lumen maintenance curves. These shall be included in the proposal: a. Brief explanation of methodology used to arrive at the projected lumen maintenance b. The LED manufacturer's LM -80 test report for a minimum of 6000 hours testing c. A luminaire In -Situ Temperature Measurement Test (ISTMT) from an NRTL, NVLAP accredited lab, or in -house lab in an NRTL data acceptance program (test at 25 0C ambient or higher) Section 2: Product Checklist Item Reg wired Response —Description Product manufacturer Yes PoWnte — Product model number Yes 9M_5_ft'5_ A.1 How long has your company been manufacturing LED retrofits for decorative street lights? Yes 5 YEARS A.2 How long has this model /generation been pro duced? _ Yes 2 YEARS AA Warranky_(in years — � Yes 7 YEARS u— B.3 luminaire ambient tem erature ran e Yes -40 - 422 F 8.4 How man hours ASTM 8117 testin ? T Yes — _ CA LED manufacturer and model number Yes RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 126 C.3 CCT °K Yes 4528 CA CRI Yes 76 C.5 Projected L70 life hours Yes 50,000 0.1. LPW Yes 92 132 IES Photometric Testing to LM -79 Yes D.3.a Total Luminous Output Yes 10576 D.3.b Photometric Layouts Yes E.1 Available input voltage range(s) Yes 110 -277 E.3 Driver rated life and max case temp Yes 50,000 HRS EA Sure protection level? Yes 1000V F.1 NRTL File Number Yes F.2 Is factory 1809001? Yes YES F.3 Is product RoHS compliant? Yes YES FA Is product on DLC QPL? Yes YES G.1 Are all required documents included? Yes YES Section 3: Performance Calculations All layouts shall use a light loss factor (LLF) that equals the product's projected lumen maintenance at 70,000 hours LED life. No other factors should be included in the LLF for these calculations. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 27 F. Testing /Certification /Compliance 1. The Retrofit must be classified by an OSHA Nationally Recognized Testing Laboratory (NRTL) as complying with UL 1598c and UL 8750 (Examples of NRTLs include CSA, Intertek [ETL], and UL). 2. Retrofit manufacturers that operate factories that are ISO9001 (quality assurance) registered are preferred. 3. All electrical components in the Retrofit shall be RoHS compliant. 4. The proposed Retrofit must be listed on the Design Lights Consortium Qualified Products List. 5. The manufacturer may be required to submit test data obtained from an Energy Star qualified independent test lab to verify in -situ LED temperature. The temperature is to be measured at the Ts. TsP, or TMPUED point indicated on the LED by the LED manufacturer. The testing is to be performed per the Energy Star SSL program methodology. The manufacturer must demonstrate with the resulting data that the TsP temperature of the innermost LED is no more than 60oC, The in -situ test must be performed while the Retrofit is operating inside the globe. 6. The manufacturer shall submit documentation of the calculated life expectancy of their Retrofit. The documentation provided shall be based upon in -situ TsP temperature data from an independent Energy Star qualified lab (as described in 5. above) and the LM -80 lumen maintenance data provided by the luminaire manufacturer's LED supplier. The resulting calculated L70 lifetime of the luminaire shall be no less than 70,000 hours. G. Required LED Submittal Documents Proposers shall submit the following with their proposals, for each proposed product model a. Retrofit specification sheet b. Driver specification sheet c. Surge protection specification sheet d. IES LM -79 test report (include photometry and colorimetry) e. In -Situ temperature test f. A completed Section 2 table g. Performance (photometric) calculation per Section 3 h. Product lumen depreciation curves used to determine LLF for Section 3 calculations. 2. Proposers shall also submit the following information to validate the lumen maintenance curves. These shall be included in the proposal: a. Brief explanation of methodology used to arrive at the projected lumen maintenance b. The LED manufacturer's LM -80 test report for a minimum of 6000 hours testing c. A luminaire In -Situ Temperature Measurement Test (ISTMT) from an NRTL, NVLAP accredited lab. or in -house lab in an NRTL data acceptance program (test at 25 °C ambient or higher) Section 2: Product Checklist -j Item ---- _... -- - - -- -- Description Required Response _ Product manufacturer Yes `— Product model number Yes A.1 How long has your company been manufacturing LED retrofits for Yes +4 ? decorative street lights? _ rA.2 How long has this model /generation Yes -� - been roduced? Yes A.4 B.3 Warranty In years). Luminaire ambient [empem[ure range Yes BA 4 How many hours ASTM 8117 testing? Yes C.1 LED manufacturer and model number Yes _ J R LED POST TOP rage l m C.3 CCT OK Yes 41 ti } i CA CRI Yes (� C.5 Pro'ected L70 life hours Yes .Q D.1. LPW Yes D.2 IES Photometric Testing to LM-79 Yes WD.3.a Total Luminous_Output T Yes D,3.b Photometric Layouts Yes E.1 Available in ut voltar e range(s) Yes } } E.3 Driver rated life and max case temp Yes EA Sure erotection level? Yes � y F.1 NRTL File Number Yes F.2 Is factory IS09001? Yes _ F.3 Is produot com Iiant? Yes r ( y F.4 Is product on on DL DLC QPL? Yes G.1 Are all required documents included? Yes y Section 3: Performance Calculations All layouts shall use a light loss factor (LLF) that equals the product's projected lumen maintenance at 70,000 hours LED life. No other factors should be included in the LLF for these calculations. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 127 F. Testing /Certification /Compliance 1, The Retrofit must be classified by an OSHA Nationally Recognized Testing Laboratory (NRTL) as complying with UL 1598c and UL 8750 (Examples of NRTLs include CSA, Intertek [ETL], and UL). 2. Retrofit manufacturers that operate factories that are IS09001 (quality assurance) registered are preferred. 3. All electrical components in the Retrofit shall be RoHS compliant. 4. The proposed Retrofit must be listed on the Design Lights Consortium Qualified Products List. 5. The manufacturer may be required to submit test data obtained from an Energy Star qualified independent test lab to verify in -situ LED temperature. The temperature is to be measured at the Ts, TsP, or TMPLED point indicated on the LED by the LED manufacturer. The testing is to be performed per the Energy Star SSL program methodology. The manufacturer must demonstrate with the resulting data that the TsP temperature of the innermost LED is no more than 60 °C. The in -situ test must be performed while the Retrofit is operating inside the globe. 6. The manufacturer shall submit documentation of the calculated life expectancy of their Retrofit. The documentation provided shall be based upon in -situ TsP temperature data from an independent Energy Star qualified lab (as described in 5. above) and the LM -80 lumen maintenance data provided by the luminaire manufacturer's LED supplier. The resulting calculated L70 lifetime of the luminaire shall be no less than 70,000 hours. G. Required LED Submittal Documents Proposers shall submit the following with their proposals, for each proposed product model a. Retrofit specification sheet b. Driver specification sheet c. Surge protection specification sheet d. IES LM -79 test report (include photometry and colorimetry) e. In -Situ temperature test f. A completed Section 2 table g. Performance (photometric) calculation per Section 3 h. Product lumen depreciation curves used to determine LLF for Section 3 calculations. 2. Proposers shall also submit the following information to validate the lumen maintenance curves. These shall be included in the proposal: a. Brief explanation of methodology used to arrive at the projected lumen maintenance b. The LED manufacturer's LM -80 test report for a minimum of 6000 hours testing c. A luminaire In -Situ Temperature Measurement Test (ISTMT) from an NRTL, NVLAP accredited lab, or in -house lab in an NRTL data acceptance program (test at 25 °C ambient or higher) Section 2: Product Checklist em RIP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 126 Description Required Response Product manufacturer Yes 1 -/,3E Product model number Yes t A.1 A.2 How long has your company been manufacturing LED retrofits for decorative street lights? How long has this model /generation been produced? Yes Yes A.4 Warranty (in years) Yes B.3 Luminaire ambient temperature ran e Yes 8.4 How man hours ASTM 8117 testin ? Yes C.1 I LED manufacturer and model number Yes RIP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 126 C.3 CCT °K Yes CA CRI Yes q C.5 Projected L70 life hours Yes -& XI D.1. LPW Yes D.2 IES Photometric Testing to LM -79 Yes D.3,a Total Luminous Output Yes _ D.3.b Photometric Layouts Yes R,z7 E.1 Available input voltage range(s) Yes E.3 Driver rated life and max case temp Yes EA Sure protection level? Yes "` F.1 NRTL File Number Yes F.2 Is factory IS09001? Yes F.3 Is product RoHS compliant? Yes = FA Is product on DLC QPL? Yes _ G.1 Are ail required documents included? Yes U;} Section 3: Performance Calculations All layouts shall use a light loss factor (LLF) that equals the product's projected lumen maintenance at 70,000 hours LED life. No other factors should be included in the LLF for these calculations. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 227 LAIO1) Pos-r LIGHTING - 35W & 45W Borealis LED Post Top Lighting Design Lab (LDL) Qualified Product is an environmentally friendly, energy saving solution for replacing conventional fluorescent, HPS and metal halide lighting. Borealis LED Lights produce a higher CRI, resulting in sharp, accurate color rendering of objects creating better visibility and enhancing safety in industrial and commercial spaces. Borealis lighting features an instant "on" with no cold starting as compared to HIPS lights, is not affected by vibration, and is better equipped to withstand extreme temperature variations. In addition to its lower energy usage, motion sensors and lighting controls can also be used with Borealis lighting to further reduce operating costs. OVEGH &OVEW 0 a 0 0 0 0 0 0 0 0 0 0 a 0 F f- yfl'RCS • Lighting Design Lab it • 50,000 hour life • Replaces 15OW and '175W Metal Halide lamp • Non - dimmable • Suitable for Damp Locations • Beam: 360° • Input voltage: 85 — 277VAC, 460mA, 50 /601-tz • Base: E26 Medium Base or E39 mogul • 5 year limited warranty • Dimensions: 9.25" x 3.25" • Street lighting • Roadways • Security Lighting • Municipal Lighting • Parks and Recreation Lighting � % a i� W fi.s Hi Y%Y zL 1 Y € � ! ME W '.V' 1 l . C Note: Special orders available based on project needs. Contact Polybrite for MLJL�, Designed by PolyBrite International, Inc. C & US LISTED B�REALISM I lA'dr tlb lil lZ'_ad 1 I 1 '. Nap,!-, H . il'F. IL h lt,3 (Y ;i❑u n Ii,I n� r -alin til rn_.rn❑ LPL {Sa;a -i:, �'Nrytng,iJa�auatia��uio lodnp'sL&B 4ghtGrg 'Di❑ ❑ ion❑ ❑ io❑ ❑ i o ; ❑ ❑ svr o ; ❑ ❑ 10nv"lo❑ u 0 i ❑ ❑ IoE❑ a' ❑ ❑ ❑ o-vr nsmm 0 0 0 1 ❑ ❑ ❑ OVEGH &OVEW 0 a 0 0 0 0 0 0 0 0 0 0 a 0 F f- yfl'RCS • Lighting Design Lab it • 50,000 hour life • Replaces 15OW and '175W Metal Halide lamp • Non - dimmable • Suitable for Damp Locations • Beam: 360° • Input voltage: 85 — 277VAC, 460mA, 50 /601-tz • Base: E26 Medium Base or E39 mogul • 5 year limited warranty • Dimensions: 9.25" x 3.25" • Street lighting • Roadways • Security Lighting • Municipal Lighting • Parks and Recreation Lighting � % a i� W fi.s Hi Y%Y zL 1 Y € � ! ME W '.V' 1 l . C Note: Special orders available based on project needs. Contact Polybrite for MLJL�, Designed by PolyBrite International, Inc. C & US LISTED B�REALISM I lA'dr tlb lil lZ'_ad 1 I 1 '. Nap,!-, H . il'F. IL h lt,3 (Y ;i❑u n Ii,I n� r -alin til rn_.rn❑ LPL {Sa;a -i:, �'Nrytng,iJa�auatia��uio lodnp'sL&B 4ghtGrg f f: �Tl!Rf.S • 100W — 40OW HPS replacement • High color rendering for improved visibility • Produces a sharp, pure color without glare • Greater control of light dispersion reducing light pollution • Instant "on" with no cold starting as compared to HPS lights • Compatible with motion sensors and lighting controls further reducing operating costs Better equipped to withstand extreme temperature variations • Not affected by vibration • Vandal resistant • CE/LVD, CE /EMC, RoHS compliant • Useful life — 50,000 hours at L70 • 5 year warranty 6tt OP( L® unto " p{( �` ® srn I>c P� ht ±dte hli nm:nn.0 In Bow ARE OLI '' lVt',t L r hl h.ad 7 n I it Piet/ nd, w7 v t 66ii ���111 Lr�1► t � 111 �1i a ill i a � nrealisi ht n„��m �5 C E 03 4� us LISTED TumingdAU9vatfgn into todayi / FD ltghtixg x yo- `4491 CLSM5050 51W 2.0-2 4468K 75 881m/W 0.96 CLSM5080 76W 6971 - 2-0.2 ' 4533K 76 91 IrrvW 0.94 CLSM5096 96W 8419 2 -0 -2 4500K 76 881m/W 0.96 CLSM5115 - 115W 10$76 2.0-2 4528K 76 921"VW 0.97. 77, 160 16OW 14400 2 -0.2 4500K 76 90 IM/W 0.99 p{( �` ® srn I>c P� ht ±dte hli nm:nn.0 In Bow ARE OLI '' lVt',t L r hl h.ad 7 n I it Piet/ nd, w7 v t 66ii ���111 Lr�1► t � 111 �1i a ill i a � nrealisi ht n„��m �5 C E 03 4� us LISTED TumingdAU9vatfgn into todayi / FD ltghtixg SP[ CIFI( Al IONS • Input voltage: 120V — 277VAC, • Workingcurrent:1250mA • Power supply frequency: 50/60 Hz • IP rating: IP65 • Working temperature: -130 °F - 122 *F (-40 °C -- 50 °C) • Working humidity: 10% — 951/ • Typical mounting height of 9 -50 feet* • Lamp body material: Powder Coated Aluminum Alloy * Depending on model 3�..yN CLSMSO50 4'. _� d 7 kgs, 115.36 16s. 360 x 375 x 320 mm, 14.17 x 14,76 x 12.59 inches 7 kgs, 15.4 3 Ibs. CLSM50 80 5.9 kw, 73165- 8 kgs, 17.63 Ibs. 420 x 375 x 310 mm, 16.53 14.76 x 12:59 inches . CLSM5096 7.1 kgs, 15.65 Ibs. 9 kgs, 19.84 Ibs. 475 x 375 x 320 mm, 18.70 x 14.76 x 12.59 inches CLSM5115 8.3 kgs, 18.29 Ibs. 11 kgs,.24 25 tbs. 535 x.37.5 x X320 mm, 21.06 x 14.76 x 1259 inches CLSM 7 10 kgs, 22.04 Ibs. 12 kgs, 26.45 Ihs. 645 x 395 x 265 mm, 2.5.39 x 15.55 x 10.43 inches B� ������sw � M VohGr k lit llinnal In I I AYr t 1 thl h,�d ti iR 1 IO P.�(i le, II. bU>bS 80� u f u1 �t� h�. �lii yhun LCnni Filename: SL2 120W 40K T5 Manufacturer: Polybrite Int. Luminaire: SL2 120W 40K T5 Lamp: LED Lamp Cat: LED Lamp Output: 1 lamp, rated Lumens /lamp: 11238.2 Max Candela: 7,138.1 at Horizontal: 45k, Vertical: 45A° Input Wattage: 131.53 Luminous Opening: Rectangle (L: 9.45 ", W: 7.09 ") Test: LCGP13100012 Test Date: 2013 -10 -18 Photometry : Type C CIE Class: Direct Cutoff Class: Cutoff Nema Type: 5 X 6 Zonal Lumen Summary Zone Lumens % Lamp% Luminaire 0 -30 2,876.6 25.6% 25.6% 0 -40 6,052.6 53.9% 53.9% 0 -60 10,848.396.5% 96.5% 60 -90 346.2 3.1% 3.1% 70- 100143.2 1.3% 1.3% 90- 12010.4 0.1% 0.1% 0 -90 11,194.599.6% 99.6% 90- 18042.3 0.4% 0.4% 0 -180 11,236.8100% 100% Polar Candela Distribution 7200 1800 170° 1600 I500 14'0 6,000 130° 4,800 120' "5,600 2.400 110 1,200 1000 CD: 0 90° 1.200 800 2,400 760 3.690 60' 4,800 6,009 so- 7.290 VA: 0- IV 20" 30° 400 ■ - 900 H Lumens Per Zone Zone Lumens % Total Zone Lumens% Total 0 -10 264.8 2.4% 90 -100 2.8 0% 10- 20862.8 7.7% 100- 1103.2 0% 20- 301,749.0 15.6% 110- 1204.3 0% 30- 403,176.128.3% 120 - 1306.0 0.1% 40- 503,571.131.8% 130 - 1405.3 0% 50- 601,224.610.9% 140- 1506.3 0.1% 60- 70205.9 1.8% 150- 1606.7 0.1% 70- 8089.3 0.8% 160- 1705.5 0% 80- 9051.0 0.5% 170 - 1802.2 0% isofootcandle Plot Illuminance at a Distance 4 3 2 1 0 1 3 4 Center Beam F: Beam Width 4 2 9R 661.6 fc 4.1 It 3.6 ft s 4.9a 170.4 fc 8.3 ft 7.3 R e..OR 75.7 fc 12.4 ft 10.9 ft L -- - 8,9fl 42.6 fc 16.5 ft 14.6 ft 1' 19.0 27.3 fc 20.7 R 18.2 ft 0 1 7�� iJ; IN Vert. Spread; 91,9° ■Horiz Spread: 84,60 4 i20fc 2.5 fc 0.2 fc ■10 fc ■ifc `0.1fc ■5fc 0.5 fc Distance in units of mount height (ieft) Coefficients Of Utilization - Zonal Cavity Method Effective Floor Cavity Reflectance: 20% RCC %:80 70 50 30 10 0 RW %: 70 50 30 0 70 50 30 0 50 30 20 50 30 20 50 30 20 0 RCR: 0 1. 191. 191. 191 .191.161.161.161.001.111.111.11 1.061.06 ( .061.021.021.021 AO 11.111.071.041.01 1.081.051.02.89 1.01.98 .96 .97 .95 .93 .93 .92 .90 .88 21.03.96 .90 .86 1.00.94 .89 .78 .91 .86 .83 .87 .84 .81 .85 .82 .79 .77 3.95 .86 .79 .73 .92 .84 .78 .68 .81 .76 .71 .79 .74 .70 .76 .72 .69 .67 4.87 .77 .69 .63 .85 .75 .68 .60 .73 .67 .62 .71 .65 .61 .69 .64 .60 .58 5.80 .69 .61 .55 .78 .68 .60 .52 .66 .59 .54 .64 .58 .53 .62 .57 .53 .51 6.74 .62 .54 .48 .72 .61 .53 .46 .59 .52 47 .58 .51 .47 .56 .51 .46 .44 7.69 .56 .48 .42 .67 .55 .47 .41 .54 .46 .41 .52 .46 .41 .51 .45 .41 .39 8.63 .51 .42 .37 .62 .50 .42 .36 .49 .42 .37 .47 .41 .36 .46 .40 .36 .34 9.59 .46 .38 .33 .58 .45 .38 .32 .44 .37 .32 .43 .37 .32 .42 .36 .32 .30 10.55 .42 .34 .29 .54 .42 .34 .29 .41 .34 .29 .40 .33 .29 .39 .33 .29 .27 Luminaire Report Summary IESNA:LM -63 -1995 [TEST] LCGP 13100012 [DATE] 2013 -10 -18 [MANUFAC] Polybrite Int. [LUMCAT] [LUMINAIRE] SL2 120W 40K T5 [LAMPCAT] LED [LAMP] LED FILE: CANDELA MULTIPLIER: 1 FILE: VERTICAL ANGLES: 19 1, 14ORIZONTAL ANGLES: 25 FILE: COORDINATE SYSTEM: TYPE C FILE: UNIT OF MEASURE: METRIC FILE: BALLAST FACTOR: I Photometrics Pro 1.3.21 copyright 2003 -2014 by jSolutions, Inc. Reported data calculated from manufacturer's data file, based on IES recommended methods. EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS MINIMUM PROPOSER QUALIFICATIONS 1. The manufacturer of the proposed LED luminaires is required to have a minimum of five (5) years in business manufacturing outdoor street lighting. The Proposer shall provide and attach documentation to this RFP verifying this experience. In this documentation include any additional experience in other street light technologies and types other than LED cobra - head -style street lights. 2. The Proposed manufacturer is required to provide proof of sale and delivery of at least one thousand (1,000) LED lighting fixtures similar to the items in this RFP to public agencies or utilities within the United States of America in the past three (3) years. This submittal should indicate the specific type, and to whom the items were delivered, and the total number that have been installed to date. The Proposer shall provide and attach documentation to the RFP verifying this level of experience. 3. The Proposer is required to be a manufacturer, manufacturer's authorized distributor, or manufacturer's authorized installer for LED street light luminaires that are submitted in this RFP. The Proposer shall provide and attach documentation to the RFP verifying its status as a manufacturer, manufacturer's authorized distributor, or manufacturer's authorized installer. 4. Proposer must certify that luminaires shall conform to the current Illuminating Engineering Society (IES) definition of "Full Cut -Off," with zero (0) illumination at an angle of ninety (90) degrees above the luminaire. 5. Proposer must provide IES files for each fixture type from an IES - certified testing facility. Proposer certifies that it will provide IES files for each fixture type to be offered to meet the attached specification. 6. Proposer must certify that it has sufficient access to both required product, labor and resources to supply the contract number of luminaires within eight (8) weeks of execution of the Agreement. 7. Proposer certifies that it has the financial capability to furnish the required bonds and securities (material, payment, and securities) which the successful Proposer will be required to furnish at the time of execution of the Agreement. 8. Proposer must provide manufacturer's Certification of Warranty for a minimum of seven (7) years. Warranty shall include all components of the luminaire. 9. Proposer must provide a notarized document indicating that the products supplied by the company, whom any future agreement or contract may be contemplated, are not named in any intellectual property dispute. 10. Any Proposer that fails to provide the required proof of qualifications shall have its proposal declared "nonresponsive" and its submittal shall not be considered for this proposal. By submission of a proposal, Proposer's agree that the City of Santa Ana shall make the sole determinations as to the Proposer meeting these minimum qualifications. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page J 28 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this 14th day of November, 2014 by Inc. (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of LED street light manufacturing and installation of LED luminaires. B. Proposer represents that Contractor is able and willing to provide such services to the City C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: (.SCOPE OF SERVICES Contractor shall perform those services as identified as scope of work in Exhibit A of the Request for Proposals. II.COMPENSATION A. The City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and this Agreement charges identified in scope of work and on ract pri in s Agreement. um to be expended under B. Payment by City shall be made within sixty (60) days following receipt of payment from investor owned utility financing, 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. III.TERM I . The term of the contract shall be for one (1) year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. 2. The contractor shall deliver and install all items under this contract within a period of one year from this date unless terminated earlier in accordance with Section XII. 3. City agrees to pay and contractor agrees to accept as total payment for its services, the prices set forth in contractor's proposal, attached hereto and incorporated by reference. A Page I za (i) Invoices a. The contractor shall submit an invoice upon completion of the project to the City. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 4. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City Engineer or his designee in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. 5. Payment by City shall be made within sixty (60) days following receipt of invoice. 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. IV.INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall be construed to create an employer - employee relationship or a joint venture relationship; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V.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 shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or without limitation, act 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 One Million Dollars ($1,000,000.00) per occurrence. Contractor shall supply City with fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 13o for owned, hired and non -owned automobiles. C. Workers 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 Workers 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 One Million Dollars ($1,000,000.00) per accident. D. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per claim. E. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 1. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2. Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 3. Certificates and policies shall state that the policies shall not be cancelled 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 affect Contractor's right to be paid for its time and materials expanded 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. VI.INDEMNIFICATION Contractor agrees to 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 direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all cost 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, effects arising from this Agreement. City may make all reasonable decisions with respect to its representative in any legal proceeding. VILCONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential information' shall include all nonpublic information. Confidential IT STREETLIGHTS & Page 161 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 nonuse and nondisclosure shall not apply to any information that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially; 4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without reference to information disclosed by the City. VIII.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 if services specified under this Agreement. IX.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 facsimile or other telegraphic communication in the manner provided in the section, to the following persons: To City: Clerk of the City Council City of Santa Ana P.O. Box 1988 M -30 Santa Ana, CA 92702 -1988 Fax (714) 647 -6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M -21 Santa Ana, CA 92702 And: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax (714) 647 -6515 X.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, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representatives, 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. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 32 XI.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 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 the City personnel or by other Contractor retained by City. XILTERMINATION This Agreement may not 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 products completed as of such date, and in such case such work product shall be 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. XIII.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. XIV.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. XV.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 Sates, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of their inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. XVI.RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 133 XVILFAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that in the short run, if the Contractor fails to perform the work as specified herein, the Director, 1) will pay only for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. B. If the Contractor performs the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and forfeiture for noncompletion per schedule totals five (5) percent of the total contract price, the City will put the Contractor under notice of noncompliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and forfeiture for noncompletion per schedule totals ten (10) percent of the total contract price, the contract is subject to cancellation at the City's option. In the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued by changing contractors. XVIII.SAFETY REQUIREMENTS All work performed under this contract shall be performed in a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. XIX.HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and /or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency. XX.UTILITIES Any damage to utility lines that occurs shall immediately report to the utility company that is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. Prior to any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. XXILPROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are damaged they shall be replaced in kind at the Contractor's expense. RFP FOR LED POST TOP RETROFIT STREETLIGHTS & SARTC STRUCTURE LIGHTING Page 134 XXIII.TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where It is necessary to restrict traffic flow per WATCH, the Contractor will contact the Director for approval. XXIV.MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for routine and /or extraordinary maintenance of this contract. Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and /or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. XXV.WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the Contractor fail to correct deficiencies or public nuisances that have been created because of his operation, then these will be considered to be of an emergency nature and cause the City to move in on the charge of o wars ( Such 0) k will b done on a force account basis with an additional callout of Two Hundred D XXVLAPPRENTICESHIP STANDARDS Where required under law, the contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. XXVILSUBCONTRACTORS The successful proposer shall not, without the written consent of the City: A. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. B. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. C. Subcontract any portions of the work after bid is submitted if the cost thereof exceeds one -half (1 /2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. XXVIII.MISCELLANEOUS PROVISIONS II. 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. 3 Page l3t, FEB 20. 2015 9,10AM 9492168855 NO 2993 P. 2/21 SOUTH -5 OP ID: SF AR °` CERTIFICATE OF LIABILITY INSURANCE DA,B(MMmDYYYY) 02118115 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 YHE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THI= CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION Is WAIVED, subject to the tormS and conditions of the pollcy, certain pollcles may roqulre an endorsement A statemonl on this certificate does not confer rights to the certificate holderin Ileu ofstl andorsemant(s). PRODUCER Solomon & Solomon Ins Brokers 949563 -0300 Lic 40039562 949-951-0342 2h332 Mp( Creek Or She 135 C una Hills, CA 92653 Ka by Shoffeld CONTACT NAME, fpA C Na E : NNo E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC 0 NSURERA: Hartford Insurance Co. 22357 INSURED South Coast Lighting& Design, Inc. 1391 CalleAvanzado San Clemente, CA 92673 A9 T r � � ®1 " ✓�Z INSURERS ;OakRiVerins9ranceCompany 34630 INSURER C: EACH OCCURRENCE INSURER D: pgaMls•s ccfurron� ca INSURER E: MED EXP(Anyone person) INSURER F: PERSONAL &ADV INJURY COVERAGES CERTIFICATE NUMBER: REVISION NUMBRR. THIS IS TO CERTIFYTHAY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON DrrION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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, 11,31, LTR TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE POLICY NUMBER MMIOO MMMDNYYy LIMrTS A GENERALLIABILITY X COMMEROAIGENERALUAIEUTY CLAIMS.MADE XOOCCUR X X 72SBAAH4279 11/14/14 11/14/15 EACH OCCURRENCE S 1,000,00 pgaMls•s ccfurron� ca S 9,000,00 MED EXP(Anyone person) S 10,00 PERSONAL &ADV INJURY s 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE X POLICY LIMIT APPLIES PER: PRO. LOC PRODUCT$- COMPIOP AGG T 2,000,00 $ A AUTOMOBILE LIABILITY ANY AUTO ALL AUTOS OWNED AUTOSU�O X X HIRED AUTOS )( NON.Oh'NED AUTOS 72UECJH2698 03/23/14 0323/15 (Es OINED 51NOLE LIMIT 1,000,00 BODILY INJURY (Poe pvo6) 1 BODILY INJURY (Per enddent) P AMAGE Perocolden[ S a UMBRELLA LIAIS EXCESS LAB OCCUR CLAIMS -MADE EACH OCCURRENCE 5 AGGREGATE E ICED I I RETENTION$ $ B woMERs COMPENSATION Am EMPLOYERS' LIABILITY ANY PROPRIErORFARTNER [EYECUAVE YIN OFFICERMIEMBER EXCLUDED? (Mandemry In NH) DESCRIPTION Un OPERATIONS below N 1 A 200062195141 00103(14 08103115 X w IAI U. oIH• E. L. EACH ACCIDENT 5 1,000,00 E.L. DISEASE• EA EMPLOYEE S 1,000,00 ELL, DISEASE, POLICY LIMIT I S 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I WHCLES (Aaach ACORD 101, AddWonPl PumAdfs Schedule, Irmero spgee Is required) City of Santa Ana and hs officers, agents and employees are hereby named „ *R as additional insured per the Business Liability Coverage form, SSKOOS O ladditional insured and waiver of subrogatioh In raga s to general �Ttt5 rt10 F iability pages 15.24)attached to the insureds policy. Waiver of E� F> "' sub rogation apples to workers compensation per blanket form WC99D410AY a OV vnVICInATM U^I nee r- ANICCI I ATInK1 _- icTHP• - CITYSAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1988 M -21 Santa Ana, cq $2702 AUTHORIZED REPRESENTATIVE ��21.n4 _g _ U 1U88 -ZU1U ACUKU CUKPUKAI IUN. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Y RECEIVE: NO.3654 02/20 /2015 /FRI 10:04AM 1/Ly FEB 20.2015 9 :10AM 9492168855 South Coast Lighting & Design Policy Number: 72SBAAH4279 NO 2993 P 3/21 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we ", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "Insured" means any person or organization qualifying as such underSection C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGISS (a) The "bodily Injury' or "property 1, BUSINESS LIABILITY COVERAGE (BODILY damage" is caused by an INJURY, PROPERTY DAMAGE PERSONAL "occurrence" that takes place in the AND ADVERTISING INJURY) "coverage territory"; Insuring Agreement a, We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury' to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury', "property damage" or "personal and advertising injury' to which this insurance does not apply. We may, at our discretion, Investigate any "occurrence" or offense and settle any dalm or "suit "that may result. But (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if Form SS 00 08 04 05 (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1, of Section C, — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employed" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury' or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: 2005, The Hartford (1 RECEIVE: NO.3654 02/20/2015/FRI 10:04AM Reports all, or any part, of the "bodily injury' or "property damfoWtA us or any other insurers 'to C.rS� gt00QG 1 of 24 pysts�a� pity FEB 20 2015 9:10AM 9492768855 BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "properly damage "; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur, d, Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury" e, Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency madical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) for the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in die furnishing of these services to any one person will be considered one "occurrence". 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that, (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the dale of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 NO 2993 P 4/27 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x -ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the appllcable limit of insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All costs taxed against the insured in the "suit ". (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. RECEIVE: N0.3654 02/20/2015/FRI 10:04AM Form SS 00 08 04 05 FEB 20 2015 9,10AM 9492168855 NO 2993 P 5/21 BUSINESS LIABILITY COVERAGE FORM b, If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees Incurred by us in the named as a party to the "suit", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: I necessary litigation .expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provislons of indemnitee in a contract or agreement Paragraph 1,b,(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (2) This Insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance, the defense of, that indemnitee, has s our obligation to defend an insured's g also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract "; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph (e)above, are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to; expected or intended from the 0) Cooperate with us in the standpoint of the insured. This invesligation, settlement or exclusion does not apply to "bodily defense of the "suit "; injury" or "property damage" resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, summonses or legal papers (2) "Personal and advertising injury' arising received in connection with out of an offense committed by, at the the "suit"; direction of or with the consent or (iii) Notify any other insurer whose acquiescence of the insured with the "personal expectation of Inflicting and coverage is available to the advertising injury', indemnitee; and b. Contractual Liability (iv) Cooperate with other with respect to coordinating (1) "Bodily injury" or "property damage "; or applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability Information related to the for damages because of: "suit "; and (a) "Bodily injury", "property damage" or (H) Conduct and control the "personal and advertising injury'that defense of the indemnitee in the insured would have in the such "suit ", absence of the contract or agreement; or Form SS 00 08 04 05 RECEIVE: N0.3654 02/20/2015/FRI 10:04AM Page 3 of 24 FEB 20,2015 9 :10AM 9492768855 NO 2993 P, 6/27 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury' or sister of that "employee" as a "property damage" occurs consequence of (1) above, subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability austaned in (1) Whether the insured may be liable as an "insured contract", reasonable an employer or in any other capacity; attorneys' fees and necessary and litigation expenses incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury' or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (1) Liability to such party for, or for contract", the cost of, that party s defense f. Pollution has also been assumed in the same "insured contract", and (1) "Bodily injury", "property damage" or (if) Such attorneys' fees and "personal and advertising injury" litigation expenses are for arising out of the actual, alleged or defense of that party against a threatened discharge, dispersal, civil or alternative dispute seepage, migration, release or escape "Pollutants": resolution proceeding In which of damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any c. Liquor Liability time owned or occupied by, or rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by notapplyto; reason of: (i) "Bodily injury" if sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, underthe influence of alcohol; or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that Is used to relating to the sale, gift, distribution or heat water for personal use, by use of alcoholic beverages, the buildings occupants or their guests; This exclusion applies only if you are in the business manufacturing, distributing, (ii) "Bodily injury" or "property r selling, serving or furnishing alcoholic ic damage" for which you may be beverages. held liable, if you are a d. Workers' Compensation And Similar contractor and the owner or lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional Insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily injury" to; such premises, site or locatIoh (1) An "employee" of the insured arising is not and never was owned or out of and in the course of; occupied by, or rented or (a) Employment by the insured; or loaned to, any insured, other than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 RECEIVE: N0.3654 02/20 /2015 /FRI 10:04AM EEB 20 2015 9.11AM 9492168855 N0.2993 P, 1/21 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury' or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor, (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought ofwaste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractororsUbcontractor, or as waste by or for. (iii) "Bodily Injury' or "propefij (i) Any insured; or damage" arising out of heat, (it) Any person or organization for smoke or fumes from a whom you may be legally "hostile fire "; or responsible; (a) At or from any premises, site or () At from an y premises, site or d or location an which any insured orany location which any insured or contractors or subcontractors ra any contra contractors or subcontractors working directly or indirectly on any working directly or indirectly on insured's behalf are performing any insued's behalf are operations if the operations are to performing operations if the test for, monitor, clean up, remove, "pollutants" are brought on or to Contain, treat, detoxify or neutralize, the premises, site or location in or in any way respond to, or assess connection with such operations the effects of, "pollutants ", by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any, subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury' or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants "; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants ". "bodily injury' or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. promises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 RECEIVE: N0.3654 02/20 /2015 /FRI 10:04AM Page 5 of 24 FEB 20 2015 9,11AM 9492168855 NO, 2993 P 8/21 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily injury" or "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed or entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owned or operated by or rented activity. or loaned to any insured, Use Includes i, War Operation and "loading or unloading ", "Bodily injury', "property damage" or This exclusion applies even if the claims "personal and advertising injury', however against any insured allege negligence or caused, arising, directiyorindirectly,outof, other wrongdoing in the supervision, hiring, (1) War, including undeclared or civil war; employment, training or monitoring of others by that insured, tf the "occurrence" which (2) Warlike action by a military force, caused the "bodily injury' or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustnon( to others of expected attack, by any government, any aircraft, "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents; or any insured, (3) Insurrection, rebellion, revolution, This exclusion does not apply to: usurped power, or action taken by (1) A Watercraft while ashore on premises governmental authority in hindering or you own or rent; defending against any of these. (2) A watercraft you do not own that is; j. Professional Services (a) Less than 51 feet long; and "Bodily injury", "property damage" or "personal and advertising injury' arising (b) Not being used to carry persons out of the rendering of or failure to fender fora charge; any professional service, This includes (3) Parking an "auto" on, or on the ways but is not limited to: next lo, premises you own or rent, (1) Legal, accounting or advertising provided the "auto" is not owned by or services; rented or loaned to you or the insured; (2) Preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership, drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft; drawings and specifications; (5) "Bodily Injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical, dental, x -ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment "; or instruction; (6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction; with a paid crew, However, this exception does not apply if the insured (6) Any service, treatment, advice or has any other insurance for such "bodily instruction for the purpose of injury" or "property damage", whether appearance or skin enhancement, hair the other Insurance is primary, excess, removal or replacement or personal contingent or on any other basis, grooming; h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation, "Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar (1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or rented or loaned to any insured; or Page 6 of 24 Form SS 00 08 04 05 RECEIVE: N0.3654 02/20 /2015 /FRI 10:04AM EEB. 20. 2015 9.11AM 9492168855 NO 2993 P 9/21 BUSINESS LIABILITY COVERAGE FORM (B) Optometry or optometric services Paragraphs (1),� (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing, damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products: fewer consecutive days. A separate Limit (9) Any, of Insurance applies to Damage To a Body Piercing O y p g (not including ear Premises Rented To You as described in piercing); Section D. - Limits Of Insurance. b O Tattooing, including but not limited Paragraph (2) of this exclusion does not to the insertion of pigments into or apply if the premises are "your work" and under the skin; and were never occupied, rented or hald for (c) Similar services; rental by you. Paragraphs (3) and (4) of this exclusion do (10) Services in the practice of pharmacy; not apply to the use of elevators. and (11) Computer consulting, design or Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed programming services, including web under sidetrack agreement. site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site, Paragraph l,e,in Section A.- Coverages, Paragraph (6) of this exclusion does not K. Damage To Property apply to "property damage" included in the "Property damage" to: "products-completed operations hazard ", (1) Property you own, rent or occupy, I. Damage To Your Product including any costs or expenses "Property damage" to "your product' incurred by you, or any other person, arising out of it or any part of it. organization or entity, for repair, M. Damage To Your Work replacement, enhancement, restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and Included in the prevention of injury to a person or "products completed operations hazard ", damage to anothers property; This exclusion does not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the "property damage" arises the damage arises was performed on your out of any part of those premises; behalf by a subcontractor. (3) Property loaned to you; n, Damage To Impaired Property Or (4) Personal property in the care, custody Property Not Physically Injured or control of the insured; "Property damage" to "impaired property" (5) That particular part of real property an or property that has not been physically which you or any contractors or injured, arising out of; subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product' Operations, if the "property damage" or "your work "; or arises out of those operations; or (2) A delay or failure by you or anyone (6) That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement In accordance replaced because "your work" was with its terms. incorrectly performed on it. This exclusion does not apply to the loss Of use of other property arising out of sudden and accidental physical injury to "Your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 RECEIVE: NO.3654 02/20 /2015 /FRI 10:04AM FEB 20.2015 9 :11AM 9492768855 NO 2993 P, 10/27 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product'; (c) An Internet search, access (2) "Yourwork "; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a,, b. and c, withdrawn or recalled from the market or under the definition Of "personal and from use by any person or organization advertising injury' in Section G, — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions, condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others an your web site, by (1) Arising out of oral, written electronic itself, is not considered the business one publication of material, if done by or at b r a of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (Z) Arising out of oral, written electronic or bulletin board the insured hosts, publication of material whose first w owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Adsing out of the unauthorized use of (3) Arising out of a criminal act committed anther's name or product in youre -mail by or at the direction of the insured; address, domain name or metatags, or (4) Arising out of any breach of contract, any other similar tactics to mislead anther's potential customers; except an implied contract to use another's "advertising idea" in your (11) Arising out of the violation of a "advertisement "; person's right of privacy created by (S) Arising out of the failure goods, any state orfederal act products or services to conform w fo However, this exclusion does not any statement of quality or or apply to liability for damages that the performance made in your insured would have in the absence of "advertisement"; such state orfederal act; (6) Arising out of the wrong description of (12) Arising outof: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or "advertisement ", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The presentation orfunctionality mark or other designation of origin of an "advertisement" or other or authenticity; or content an yourwab site; Page 8 of 24 Form SS 00 08 04 05 RECEIVE: N0,3654 02/20/2015/FRI 10:04AM FEB 20 2015 9,11AM 9492768855 K 2993 P 11/27 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would (15) Arising out of discrimination or not have occurred in whole or in humiliation committed by or at the part but for the "asbestos hazard'; direction of any "aXecutive officer% (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured, requirement that any insured or q. Electronic Data others lest for, monitor, clean up, Damages arising out of the loss of, loss of remove, encapsulate, contain, treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate "electronic effects of an "asbestos hazard "; or data ", (c) Arise out of any claim or suit for c Employment Practices damages because of testing for, "Bodily injury" or "personal and advertising monitoring, cleaning up, removing, injury" to: encapsulating, containing, treating, (1) A person arising out of any; detoxifying or neutralizing or in any (a) Refusal to employ that person; Way responding to or assessing the "astieslos effects of an hazard ", (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment- related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury", "property damage ", or reassignment, discipline, defamation, harassment, humiliation "personal and advertising injury' arising or discrimination directed at that directly or indirectly out of any action or omission that violates or is alleged to person; or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of bodily injury' or "Personal of or addition to such law; and advertising injury" to the person at whom any of the (2) The CAN -SPAM Act of 2003, including employment - related practices any amendment of or addition to such described in Paragraphs (a), (b), or (c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CANSPAM Act (1) Whether the insured may be liable as of 2003, that prohibits or limits the an employer or in any other capacity; sending, transmitting, communicating or and distribution of material or information. (2) To any obligation to share damages Damage To Promises Rented To You , Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. s. Asbestos Exclusions c. through h, and k. through o. do not apply to damage by fire, lightning or (1) "Bodily injury", "property damage" or explosion to premises rented to you or "Personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard ", the owner. A separate Limit of Insurance (2) Any damages, judgments, setuements, applies to this coverage as described in loss, costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance, Form SS 00 08 04 05 Page 9 of 24 RECEIVE: N0.3654 02/20/2015/FRI 10:04AM FEB. 20, 2015 9 :12AM 9492168855 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteerworkers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of Premises you own or rent that the person normally occupies. d. Workers, Compensation And Similar Laws To a person, whether or not an "employee" of any Insured, if benefits for the "bodily injury' are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e, Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f, Products-Completed Operations Hazard Included with the "products- completed operations hazard ". g, Business Liability Exclusions Excluded under business Liability Coverage, C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An Individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Yourslockholders are also insureds, but only with respect to their liability as stockholders. Page 10 of 24 N0.2993 P. 12/21 e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct Of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or 'personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (If you are a limited liability company), or to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that cc- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services, (2) "Property damage" to property (a) Owned, occupied or used by, RECEIVE: N0.3654 02/20/2015/FRI 10:04AM Form SS 00 00 04 05 FEB 20,201§ 9:12AM 9492168855 (b) Rented to, in the care, custody or Control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", " volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager, c, Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance, e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part, The insurance afforded herein for any subsidiary not shown In the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this Insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. S. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: NO 2993 P, 13/21 BUSINESS LIABILITY COVERAGE FORM b, Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your Permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co "employee" of the person driving the equipment, or Ill "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision, 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons fora charge, any person is an Insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation Of the watercraft, and only If no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a, "Bodily injury' to a co- "employee" of the person operating the watercraft: or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision, 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit a, Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy pariod, whichever is earlier; and Form S$ 00 08 04 05 Page 11 of 24 RECEIVE: N0.3654 02/20/2015/FRI 10:04AM FEB 20.2015 9:12AM 9492168855 NO 2993 P, 14/21 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make -such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional Insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit, with the distribution or sale of the A person or organization Is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendors premises in connection with the sale of the additional insured under this provision If such product; person or organization Is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injur/' or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "Products-completed operations hazard ". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products, damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by reason of the assumption of insured person or organization from liability in a contractor agreement. whom you have acquired such products, This exclusion does not apply to or any ingredient, part or container, liability for damages that the entering into, accompanying or vendor would have in the absence containing such products. of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily in the product made intentionally Injury", "property damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 RECEIVE: NO.3654 02/20/2015/FRI 10:04AM FEB, 20 2015 9 :12AM 9492168855 N0, 2993 P, 15/21 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e, Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any "occurrence" (1) Any state or political subdivision, but which takes place after only with respect to operations You cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises leased to you. (a) "Bodily injury", "property damage" (2) With respect to the insurance afforded or "personal and advertising injury' arising out of operations to these additional insureds, this performed for the state or Insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) 'Bodily Injury' or "properly damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard" premises; or f. Any Other Patty (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on behalf of such through e. above, but only with person or organization.' respect to liability for "bodily injury", "property damage" or "personal and d, Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising Injury' caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) lot connection with your premises; (c) In connection with "your work' and included within the "products - (b) In the performance of your completed operations hazard ", but ongoing operations performed by only if you or on your behalf, (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury' "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard ". services byorforyou, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, reports, surveys, field orders, "Bodily injury ", "property damage" or "personal change orders, designs or and advertising injury' drawings and specifications; or arising out of the rendering of, or the failure to (b) Supervisory, inspection, render, any professional architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 RECEIVE: N0.3654 02/20/2015/FRI 10:04AM FEB.20.2015 9:12AM 9492768855 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E,— Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1, The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a, Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" is the Products - Completed Operations Aggregate Limit shown in the Declarations, b, Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations, This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection Is interrupted only by a street, roadway or right -of -way of a railroad. Page 14 of 24 N0.2993 K 16/27 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a, or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations, The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2,b, above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results fromfire, lightning orexplosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay an behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of Insurance specified In a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown In the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. RECEIVE: N0,3654 02/20/2015/FRI 10:04AM Form SS 00 06 04 05 FEB, 20, 2015 9:13AM 9492168855 N0, 2993 P, 11/21 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit'; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses 13) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that t may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage which this insurance months. In that case, the additional period will be may also apply , deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or hour any expense, other 1. Bankruptcy than for first aid, without our consent, Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part, Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a, Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that are notified soon as However, this provision does not apply to practicable e of an occurren ce or an the extent that you have agreed in a Offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non contributory with the additional an (1) How, When and Where the "occurrence" insured's own insurance, oro place; offense f, Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b, apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence ", offense, claim or "suit" is "occurrence" or offense known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an Individual; against any insured, you or any additional (2) Any partner, If you or an additional insured must insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; Insured is a limited liability company; and (2) Notify us as soon as practicable, (4) Any "executive officer" or insurance manager, if you or an additional You or any additional Insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable insured is a trust; or c. Assistance And Cooperation Of The (B) Any elected or appointed official, if you Insured or an additional Insured is a political You and any other involved insured must; subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 RECEIVE: N0,3654 02/20 /2015 /FRI 10:04AM FEB 20,2015 9 :13AM 9492168855 BUSINESS LIABILITY COVERAGE FORM N0, 2993 P, 18/21 This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured, upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions V the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law, b. With respect to "mobile equipment" to other valid and collectible insurance is which this insurance applies, we will a cover under this available for a- loss to ticns are limited as Coverage Part our obT provide any liability, uninsured motorists, , underinsured motorists, no -fault or other coverage required by any motor vehicle Primary Insurance law. We will provide the required limits for This insurance is gri ary except when b, those coverages, elowplies °1f other insurance is also 4. Legal Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c, this Coverage Form; below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Wark with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work "; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion l osion this insurance or that are in excess of the insurance insurance for premises rented you applicable limit of insurance, An agreed settlement means a settlement and release of or occupied by you with liability signed by us, the insured and the permission of the owner, claimant or the claimant's legal representative. (3) Tenant Liability S. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance P cover your liability as a tenant for and any rights or duties specifically assigned "property damage" to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner, a. As if each Named Insured were the only (4) Aircraft, Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos" or watercraft to a claim is made or "suit" is brought. the extent not subject to Exclusion g. of Section A. — Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree; If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 of 24 RECEIVE: NO.3654 02/20/2015/FRI 10:04AM Form SS 00 00 04 05 FEB 20,2015 9,13AM 9492168855 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that Insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary, If other insurance is also primary, we will share with all that other insurance by the method described in c, below, (b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other Insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers, Form SS 00 08 04 05 N0, 2993 P, 19/21 BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self. insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought spedfically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal sham, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers, S. Transfer Of Rights Of Recovery Against Others To Us a, Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them, This condition does not apply to Medical Expenses Coverage, b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage, RECEIVE: N0.3654 02/20 /2015 /FRI 10:04AM Page 17 of 24 FEB 20.2015 9:13AM 9492168855 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply, When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the tenns and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. Is amended to include as an additional insured the persons) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, now construction or demolition operations performed by or on behalf of such person or organization. Page 18 of 24 N0, 2993 P. 20/21 3. Additional Insured -Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to Include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured . Lessor Of Leased Equipment a, WHO IS AN INSURED under Section C. is amended to include as an additional insured the persons) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, In whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or arganization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5, Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or an behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown In the Declarations as an Additional RECEIVE: N0.3654 02/20/2015/FRI 10:04AM Form SS 00 00 04 OS FEB 20.2015 9.13AM 9492168855 NO 2993 P 21/21 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the fallowing distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, (1) "Bodily injury", "property damage" or except such operations performed at the vendor's in "personal and advertising injury" premises connection with the sale of the arising out of operations performed for product; the state or municipality; or (2) "Bodily injury" or "property damage" (g) Products which, after distribution or sale you, have been labeled included in the "product- completed or relabeled or used as a operations" hazard, container, part or ingredient of any 7. Additional Insured— Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily Injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf, However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (1) The exceptions contained In business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage" included within the (ii) Such inspections, "products- completed operations hazard ", adjustments, tests orservicing b. The insurance afforded to the vendor is as the vendor has agreed to make or normally undertakes subject to the following additional exclusions; to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability In a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty S. Additional Insured — ControllingInterest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor, Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b, Promises they own, maintain or control Instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container, Form SS 00 OB 04 05 RECEIVE: NO.3654 02/20 /2015 /FRI 10:04AM Page 19 of 24 FEB 20.2015 9 :14AM 9492168855 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured -- Owners, Lessees Or Contractors — Scheduled Person Or Organization a, WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily Injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf; (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard ", but only If this Coverage Part provides coverage for "bodily injury" or "property damage" Included within the "products- completed operations hazard ". b. With respect to the Insurance afforded to these additional insureds, this insurance does not apply to "bodily injury', "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including; (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured Co-Owner Of insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. Page 20 of 24 NO 2993 P. 22/21 The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions, G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goads, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not Include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network, 2. "Advertising idea" means any idea for an "advertisement ". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form, 4. "Auto" means a land motor vehicle, trailer or semi - trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". S. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory' means, RECEIVE: N0.3654 02/20/2015/FRI 10:04AM Form SS 00 08 04 05 FEB 20.2015 9:14AM 9492168855 NO 2993 P, 23/21 BUSINESS LIABILITY COVERAGE FORM a. The united States ofAmedca (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement-, and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work "; of travel or transportation between any or places Included in a. above; c, All other parts of the world if the injury or b. Your fulfilling the terms of the contract or damage arises out of; agreement, (1) Goods or products made or sold by you 12, "Insured contract" means; in the territory described in a, above; a. A contract far a lease of premises (2) The activities of a person whose home However, that portion of the contract for a is in the territory described in a, lease of premises that indemnifies any above, but Is away for a short time on person or organization far damage by fire, your business; or lightning or explosion to premises while rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement; America (including its territories and possessions), Puerto Rico or Canada, in a c. Any easement or license agreement, "suit" on the merits according to the Including an easement or license substantive law in such territory, or in a agreement in connection with construction settlement we agree to, or demolition operations on or within So feet of a railroad; 7. Electronic data" means information, facts or d, Any obligation, as required by ordinance, programs; to indemnify a municipality, except in a. Storedasoron; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to orfrom f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD -ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment, party to pay for "bodily injury" or "property S. "Employee" includes a "leased worker ", damage" to a third person or organization, "Employee" does not include a "temporary provided the "bodily injury" or "property worker", damage" is caused, in whole or in part, by 9. "Executive officer" means a person holding you or by those acting on your behalf. Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by -laws or any other contract or agreement. similar governing document. 10. "Hostile fire" means one which becomes Paragraph f, includes that part of any contract or agreement that Indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work ", that railroad properly and affecting any railroad cannot be used or Is less useful because: bridge or trestle, tracks, road -beds, tunnel, a. It incorporates 'your product' or "your work" underpass or crossing, that is known or thought to be defective, However, Paragraph f, does not include deficient, Inadequate or dangerous; or that part of any contract or agreement: Form SS 00 Oa 04 05 RECEIVE: N0.3654 02/20 /2015 /FRI 10:04AM Page 21 of 24 FEB 20.2015 9:14AM 9492168855 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect,' engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or falling to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, orfailing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13, "Leased worker' means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker', 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto "; b. While it is in or on an aircraft, watercraft or "auto "; or c, While it is being moved from an aircraft, watercraft or "auto" to the place where It is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto ". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, on which are permanently mounted: Page 22 of 24 NO 2993 P, 24/21 (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; a. Vehicles not described in a., b., c., or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building Geahing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will he considered "autos ": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for; (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions, 17. "Personal and advertising injury' means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a, False arrest, detention or imprisonment; b. Malicious prosecution; RECEIVE: N0.3654 02/20 /2015 /FRI 10:04AM Form SS 00 08 04 05 FEB, 20, 2015 9.14AIN 9492168855 c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d, Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement' g. Infdngement of copyright, slogan, or title of any literary or artistic work, in your "advertisement'; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, 1B. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products - completed operations hazard "; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except, (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to Its intended use by any person or organization other than another contractor or subcontractor working on the same project. Form SS 00 03 04 05 N0, 2993 P, 25/21 BUSINESS LIABILITY COVERAGE FORM Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily Injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product' for consumption on premises you own or rent. b, Does not include "bodily injury" or "properly damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20, "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property, All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property, 21. "Suit" means a civil proceeding in which damages because of "bodily Injury', "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent, 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee "; RECEIVE: N0. 3 65 4 ' 02/20/2015/FRI 10:04AM Page 23 of 24 FEB, 20, 2015 9 :14AM 9492168855 BUSINESS LIABILITY COVERAGE FORM K2993 P 26/21 b. Donates his or her work; (2) The providing of or failure to provide c. Ads at the direction of and within the warnings or instructions, scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you, 25. "Yourwork ": 24. "Your product', a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of "Your work"; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions. furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and Page 24 of 24 RECEIVE: N0.3654 02/20/2015/FRI 10:04AM Form SS 00 88 0405 FEB 20,2015 9 :15AM 9492166855 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY No, 2993 P 21/21 WC 99 0410A (Ed 07.07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We unit not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 % of the total policy premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 35090_ Schedule Person or Organization Job Description ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ALL CALIFORNIA OPERATIONS ISSUED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information belowis required only when this endorsementls Issued subsequentto preparation of the policy.) Endorsement Effective 0 810 312 01 4 Policy No. 2200062196.141 Insured SOUTH COAST LIGHTING & DESIGN INC Insurance Company Countersigned by Oale River Insurance Company WC 99 0410A (Ed 07.07) Endorsement No. 1 Premium $ RECEIVE: N0.3654 02/20 /2015 /FRI 10:04AM w SOUTH -5 OP ID: SF 14k. --- ° CERTIFICATE OF LIABILITY INSURANCE ° "T 021181nYYY' 0211.8115 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?^ TJE THE IS�jll f�(a [AS RER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. LL'' JJ 33 .'-f $r +-} D IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject t° the terms and conditions of the policy, certain policies may require an endorsement. A t10 t th(s �ealr):i 1 ateAdppg not confer rights to the certificate holder in lieu of such endorsoment(s). f" E t !-�j_la i �`� A PRODUCER 949.583 -0300 Salomon & Solomon Ins Brokers 949 - 951 -9342 Lic 4OC30562 23332 MITI Creek Dr Ste 135 La Una Hills, CA 92653 Kathy Shoffeltt CONTACT AH' No EA AIC No: EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICM INSURERA: Hartford Insurance Co. 22357 INSURED South Coast Lighting & INSURERB:Oak River Insurance Company 34630 Design, Inc. 1391 CalleAvanzado INSURER C: EACH OCCURRENCE INSURER D: PREMISES Ea occurrence San Clemente, CA 92673 INSURER E : - X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR F1�OD ®\ 30� INSURER F: 725BAAH4279 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. LLTR TYPE OF INSURANCE g POLICY NUMBER MMIDDIYWY MMIODIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR X X 725BAAH4279 11114/14 11/14/15 MED ERE (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE If 2,000,000 GEN'LAGGREGATE LI MIT APPLIES PER'. PRODUCTS - COMPIOP AGG $ 2,000,000 X POLICY PRO LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) -_ $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO 72UECJH2698 03/23/14 03123/15 ALL OWNED SCHEDULED AUTOS X AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ It UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERWEMBER EXCLUDED? (Mandatory In NH) NIA 2200062195141 08/03/14 08/03/15 X WCSTAII OTH- TORY LI ITS ER EL. EACH ACCIDENT If 1,000,000 E.L. DISEASE- EAEMPLOYEE $ 1,000,000 If yes, describe a rider DESCRIPTION OF OPERATIONS below EL .DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Santa Ana and its officers, agents and employees are he tab named yovo as additional insured per the Business Liability Coverage form, MOOS TO (additional insured and waiver of subrogation In regards to general liability pages 16-24)attached workers s the ensation policy. Waiver of subrogation applies to workers compensation per to form WC990410A 4` to CgyOP tp neYX i C CERTIFICATE HOLDER CANCELLATION CITYSAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1988 M -21 Santa Ana, CA 92702 AUI'HORIZEO REPRESENTATIVE.y OO 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010 /05) The ACORD name and logo are registered marks of ACORD . E� 440- South Coast Lighting & Design Policy Number: 72SBAAH4279 , BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we ", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury ", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury ", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury' or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury"or "property damage"; or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x -ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury ". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit' medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence ", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability (b) You are not engaged in the Coverage for "bodily injury" applies. We b business or occupation of providing do not have to furnish these bonds. such services. (3) The cost of appeal bonds or bonds to (2) for the purpose of determining the release attachments, but only for bond limits of insurance for incidental medical amounts within the applicable limit of malpractice, any act or omission insurance. We do not have to furnish together with all related acts or these bonds. omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one "occurrence ". investigation or defense of the claim or 2. MEDICAL EXPENSES "suit ", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit". accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest the full amount of any 1 The accident takes () place in the t judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance, the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys' fees incurred by us in the named as a party to the "suit ", we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph i.b.(b) of Section B. — that is an "insured contract"; Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured; injury" and "property damage" and will (3) The obligation to defend, or the cost of not reduce the Limits of Insurance, the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attorneys' fees the same "insured contract "; and necessary litigation expenses as (4) The allegations in the "suit" and the Supplementary Payments ends when: information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements; or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee; terms of the agreement described in (5) The indemnitee and the insured ask Paragraph (6) above, are no longer met. us to conduct and control the defense B. EXCLUSIONS of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the same counsel to defend the insured This insurance does not apply to: and the indemnitee; and a. Expected Or Intended Injury (6) The indemnitee: (1) "Bodily injury" or "property damage" (a) Agrees in writing to: expected or intended from the (t) Cooperate with us in the standpoint of the insured. This investigation, settlement or exclusion does not apply to "bodily defense of the "suit "; injury" or "property damage" resulting from the use of reasonable force to (ii) Immediately send us copies of protect persons or property; or any demands, notices, (2) "Personal and advertising injury' arising summonses or legal papers out of an offense committed by, at the received in connection with direction of or with the consent or the "suit "; acquiescence of the insured with the (iii) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury", indemnitee; and b. Contractual Liability (tv) Cooperate with us with (1) "Bodily injury' or "property damage "; or respect to coordinating other applicable insurance available (2) "Personal and advertising injury" to the indemnitee; and for which the insured is obligated to pay (b) Provides us with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related to the for damages because of: "suit "; and (a) "Bodily injury", "property damage" or (ii) Conduct and control the "personal and advertising injury" that defense of the indemnitee in the insured would have in the such "suit ". absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract ", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury' or "property damage" provided: (1) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract ', and (ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business, or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract ". f. Pollution (1) "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants ": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this subparagraph does not apply to: (1) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury' or "property damage" far which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire "; subcontractor; (b) At or from any premises, site or (it) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor, or as waste by or for: (III) "Bodily injury" or "property (1) Any insured; or damage" arising out of heat, (it) Any person or organization for smoke or fumes from a "; "hostile fire or whom you may be legally responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any location on which any insured or contractors or subcontractors any contractors or subcontractors working directly or indirectly on any working directly or indirectly on insured's behalf are performing any insured's behalf are operations if the operations are to performing operations if the test for, monitor, clean up, remove, "pollutants" are brought on or to contain, treat, detoxify or neutralize, the premises, site or location in or in any way respond to, or assess the effects of, "pollutants ". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (i) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants "; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants ", "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading ". 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 ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew, However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage ", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. i'. War "Bodily injury", "property damage" or "personal and advertising injury', however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or otheragents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x -ray or nursing services treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; Page 6 of 24 Form SS 00 08 04 05 (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, ftti rig, demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. - Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such properly for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. BUSINESS LIABILITY COVERAGE FORM Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement, Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard ", This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising outof: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work "; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product "; (c) An Internet search, access, (2) "Yourwork "; or content or service provider. (3) "Impaired property "; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions, condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury ": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e -mail by or at the direction of the insured; address, domain name or metatags, or any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use "advertising (11) Arising out of the violation of a another's idea" in your "advertisement "; person's right of privacy created by any state or federal act. (5) Arising out of the failure of goods, products or services to conform with However, this exclusion does not any statement of quality or apply to liability for damages that the performance made in your insured would have in the absence of "advertisement "; such state or federal act; (8) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement' for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or "advertisement ", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (1) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on yourweb site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law; reason of any claim or suit (14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities; or persons or property which would (15) sing out of discrimination not have occurred in whole or in humiliation humiliation committeed by or at the e part but for the "asbestos hazard "; direction of any "executive officer", (b) Arise out of any request, demand, director, stockholder, partner or order or statutory or regulatory member of the insured. requirement that any insured or q. Electronic Data others test for, monitor, clean up, remove, encapsulate, contain, Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard "; or "electronic data ". (c) Arise out of any claim or suit for r. Employment - Related Practices damages because of testing for, "Bodily injury" or "personal and advertising monitoring, cleaning up, removing, injury" to: encapsulating, containing, treating, (1) A person arising out of any: detoxifying or neutralizing or in any (a) Refusal to employ that person; way responding to or assessing the effects of an "asbestos hazard ". (b) Termination of that person's t. Violation Of Statutes That Govern E- employment; or Mails, Fax, Phone Calls Or Other (c) Employment- related practices, Methods Of Sending Material Or policies, acts or omissions, such as Information coercion, demotion, evaluation, "Bodily injury ", "property damage ", or reassignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person; or violate: (2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), including any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the the (2) The CAN -SPAM Act of 2003, including person at whom any of employment - related practices any amendment of or addition to such described in Paragraphs (a), (b), or (c) law; or above is directed. (3) Any statute, ordinance or regulation, This exclusion applies: other than the TCPA or CANSPAM Act of 2003, that prohibits or limits the (1) Whether the insured may be liable as sending, transmitting, communicating or an employer or in any other capacity; distribution of material or information. and Damage To Premises Rented To You — (2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion pay damages because of the injury. Exclusions c. through h. and k. through o. do s. Asbestos not apply to damage by fire, lightning or (1) "Bodily injury ", "property damage" or explosion to premises rented to you or "personal and advertising injury" temporarily occupied by you with permission of arising out of the "asbestos hazard ". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements, applies to this coverage as described in loss, costs or expenses that Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for "bodily injury": are also insureds, but only with respect to their duties as trustees. a. Any Insured To any insured, except "volunteer workers ". 2. Each of the following is also an insured: b. Hired Person a. Employees And Volunteer Workers To a person hired to do work for or on behalf Your "volunteer workers" only while of any insured or a tenant of any insured. performing duties related to the conduct of c. Injury On Normally Occupied Premises your business, or your "employees ", other than either your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by a person, whether or not an you or while performing duties related to "employee" of any insured, if benefits for "e the conduct of your business. the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for: or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury": To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability f. Products - Completed Operations Hazard company), or to a co-"employee" while in the course of his or her Included with the "products- completed employment or performing duties operations hazard ". related to the conduct of your g. Business Liability Exclusions business, or to your other Excluded under Business Liability Coverage. "volunteer workers" while performing duties related to the C. WHO IS AN INSURED conduct of your business; 1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner. Paragraph (1)(a) above; b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury c. A limited liability company, you are an described in Paragraphs (1)(a) or insured. Your members are also insureds, above; or but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers. If you are not in the business of d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your "executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services. Your stockholders are also insureds, but only (2) "Property damage" to property: with respect to their liability as stockholders. (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company), b. Real Estate Manager Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury' to a co2employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability, However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision, 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f, below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make - such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. —Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products- completed operations hazard ". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products, damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person organization from reason of the assumption of whom you have acquired such products, cq liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily "property in the product made intentionally injury", damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment, performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard ", premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization "Property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard ", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard ", services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury ", "property damage" or reports, surveys, field orders, "personal and advertising injury' change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" is the Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury ", 'property damage" or 'personal and advertising injury ", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right -of -way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of 'property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 C BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit ", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit "; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit ". However, this other information; paragraph does not apply to the Medical Expenses limit setfo forth in Paragraph 3. above. (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit "; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 liable to the insured because of injury months. In that case, the additional period will be or damage to which this insurance deemed part of the last preceding period for purposes may also apply. of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent, Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity, You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim, To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and (1) How, the "occurrence" non - contributory with the additional when and where insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and The location Paragraphs a. and b. apply to you or to (3) nature and of any injury any additional insured only when such or damage arising out of the "occurrence ", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (8) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages, 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with, A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance, An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative, 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations, b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Otherinsurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below, b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages, Page 16 of 24 Form SS 00 08 04 05 Form SS 00 08 04 05 _?age 17 of 24 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self - added as an additional insured by that insured amounts under all that other insurance; or insurance, (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part' this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non- Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is p Supplementary Payments, we have made primary and non - contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do notapply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit ". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 _?age 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured- Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury ", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury ", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations, ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the following additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such (2) Structural alterations, new person or organization. construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision — Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, (1) "Bodily injury ", "property damage" or except such operations performed "personal and advertising injury" at the vendor's premises in arising out of operations performed for connection with the sale of the the state or municipality; or product; (2) "Bodily injury" or "property damage" (g) Products which, after distribution included in the "product- completed or sale by you, have been labeled operations" hazard. or relabeled or used as a container, part or ingredient of any 7. Additional Insured — Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor, or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or "property damage" included within the (ii) Such inspections, "products- completed operations hazard ", adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to subject to the following additional exclusions: make or normally undertakes to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement, whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured — ControllingInterest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises, and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions, amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury ", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing operations for the additional (4) Magazine; insured(s); or (5) Newspaper; (2) In connection with "your work" b• The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard ", but sale of goads, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products - completed operations hazard ". , 9 a. The design, printed material, information b. With respect to the insurance afforded to or images contained in, on or upon the packaging or labeling of any or these additional insureds, this insurance goods products; or does not apply to "bodily injury", "property damage" or "personal an advertising b. An interactive conversation between or injury" arising out of the rendering of, or among persons through a computer network, the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement'. services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the more drawings, opinions, reports, surveys, presence of asbestos in any form, field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi- trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Go- c. Disease Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co -owner of the above, mental anguish or death at any time, premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rico contract or agreement; and Canada; if such property can be restored to use by: b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product' or "your work"; of travel or transportation between any or places included in a. above; b. Your fulfilling the terms of the contract or c. All other parts of the world if the injury or agreement. damage arises out of: (1) Goods or products made or sold by you 12. "Insured contract" means: in the territory described in a. above; a. A contract for a lease of premises, (2) The activities of a person whose home However, that portion of the contract for a is in the territory described in a, lease of premises that indemnifies any above, but is away for a short time on person or organization for damage by fire, your business; or lightning or explosion to premises while rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. — Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance, damages is determined in the United States of b. A sidetrack agreement; America (including its territories and c. Any easement or license agreement, possessions), Puerto Rico or Canada, in a including an easement or license "suit" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to, feet of a railroad; 7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance, programs: to indemnify a municipality, except in a. Stored as or on; connection with work for a municipality; b. Created or used on; or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD -ROMS, tapes, drives, cells, data municipality in connection with work processing devices or any other media which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property 8. "Employee" includes a "leased worker" damage" to a third person or organization, "Employee" does not include a "temporary provided the "bodily injury" or "property worker". damage" is caused, in whole or in part, by 9. "Executive officer" means a person holding you or by those acting on your behalf. Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by -laws or any other contract or agreement. similar governing document. 10. "Hostile fire" means one which becomes Paragraph f. includes that part of any contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury" or "property intended to be. damage" arising out of construction or 11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work ", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle, tracks, road -beds, tunnel, a. It incorporates "your product" or "your work" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous; or that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect,' engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, orfailing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker ". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto "; b. While it is in or on an aircraft, watercraft or "auto "; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto ". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self - propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos ": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 18. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; Page 22 of 24 Form SS 00 08 04 05 c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement ", a person's or organization's "advertising idea" or style of "advertisement "; g, Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement": or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products- completed operations hazard "; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than onejob site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. BUSINESS LIABILITY COVERAGE FORM Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury ", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short -term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee "; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; (2) The providing of or failure to provide c. Acts at the direction of and within the warnings or instructions, scope of duties determined by you; and c. Does not include vending machines or d. Is not paid a fee, salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work ": 24. "Your product ": a. Means: a. Means: (1) Work or operations performed by you (1) Any goods or products, other than real or on your behalf; and property, manufactured, sold, handled, (2) Materials, parts or equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations. (b) Others trading under your name; b. Includes: or (1) Warranties or representations made at (c) A person or organization whose any time with respect to the fitness, business or assets you have quality, durability, performance or use acquired; and of "your work'; and (2) Containers (other than vehicles), (2) The providing of or failure to provide materials, parts or equipment warnings or instructions, furnished in connection with such goads or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and Page 24 of 24 Form SS 00 08 04 05 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410A (Ed 07 -07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 % of the total policy premium otherwise due on such remuneration. The minimum premium for this endorsement is $ gsn nn Schedule Person or Organization Job Description ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ALL CALIFORNIA OPERATIONS ISSUED A 't® �Q.V$17 K V�SP Oki P� �51g�ar This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 08/0312014 Policy No. 2200062195 -141 Endorsement No. 1 Insured SOUTH COAST LIGHTING & DESIGN INC Premium $ Insurance Company Countersigned by Oak River Insurance Company WC 99 04110A (Ed 07 -07) INSURED South Coast Lighting & Design, Inc. 1391 CalleAvanzado San Clemente, CA 92673 r.e)Vr:P1ftr.;:.q rFPTIFIrATP NIJMRPP INSURER A: Hartford Insurance Co, 122357 INSURER 8: Oak River Insurance Company -- -.1..--------- - -- -------------- ---- INSURER C: INSURER 0: 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, --I- T-Y-exp-- — - - ---------------- - OLC _LTR TYPE OF INSURANCE jUg& fQLICY NUMBER _MM2p= _(MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OUCURRENC-` 1,000,000 A x X �72SBAAH4279 11/14114 11114/15 PREMJ`SES`-2-c,,uLltn4? L.. 1,000,000 CLAINIS MADE OC4':j.' R VIED EXP (Awy vi peison) 10,000 - — ----------- N.JI.IRY 1,000,000 ------------ -i GENERALACGFI EGA rE 2,000,000 GL-IV 'L AGGREGAI E LIMIT APPLIES PER PRODUCTS - COMPIOP At to 2,000,000 PRO - X Po ICY I Ct $ AUTOMOBILE LIABILITY CCWBINK) S11114GLE- 1,000,00() A ANY AU 10 72UECJH2699 03123115 03123116 BOI)IL-Y iNwE r (Por For r) ALLClWNE-D SCHEDULED x AU1 6S kjTOS KFAL) lrjjup,( (Po� W"n(lerlt) - X Ni,N-OV0 X HIPP-, A�,Tf-)z I �"i T C, JSF��) PTR�Y T AKI A7 E T c I r�T t UMBRELLA LIAR trCUR -11DEDT-7lFq�ENTION EACH CICCURIkEIHCE $ T- EXCESS LIAB L( LA 1E -- --- - - _ �IIVL-I��A AGGRECATF--,.-.------ $ $ E5 WORKERS COMPENSA-nON AND EMPLOYERS LIABI ITY YIN PROPPIETOP�PARTNER/E.�,E( 'UTWE 2200062195141 08103114 08/03/15 �IVCSTAT7-1-75-71 LM F 1,000,000 AN"' [---1 0FP1C'ER(NiEMBER E/CLUC A� L EACH ACCIDE1,1T ((Mandatory in NH) SE EAEMPLO` El L DI-SEZ, 00,000 E L DISEASE POUC'f LINIF $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Santa Ana and its officers, agents and employees are herob named as additional insured per the Business Liability Coverage farm, MODS iadditional insured and waiver of subrogation in regar s to general iniured's Waiver iability pages 15-24)attached to the policy. of subrogation applies to workers compensation per blanket form WC990410A SOUTH COAST LIGFFI]N(� DESIGN, INC. A--2014-302 REVIEWED BY' EUNICE HEREDIA (PG 1 OF 'I)