Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MACRO Z TECHNOLOGY CO.
INSURANCE ON FILE WORK MAv PROCEED UNTIL INSURANCE D(PIRES lo- l Z072 CLERK OF COUNCIL DATE -MAY 2 6 2022 A-2022-065-02 AGREEMENT WITH MACRO Z TECHNOLOGY CO. TO PROVIDE ON -CALL �. 19WA( fi) (� A)) DEMOLITION SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this P day of May, 2022 by and between Macro Z Technology, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City„). RECITALS A. On January 13, 2022, the City issued Request for Proposal No. 22-007, by which it sought qualified contractor to provide on -call demolition services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-007. 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: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-007, which is attached as Exhibit A, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of four (4) contractors selected to provide demolition services on an on -call basis under RFP 22-007. The total compensation for these services provided by all such contractors selected under RFP 22-007 shall not exceed the shared aggregate amount of Two Million Dollars and Zero Cents ($2,000,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on April 14, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two (2) one-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to frilly comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"), Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL); Insurance Services Office Form CO 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (orrors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO Co 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City, 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current AM, Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy forma with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum offive (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I 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 fiirther agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement, Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement, All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRINIINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15, ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and 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. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P,O. Box 1988 Santa Ana, CA 92702-1988 Tax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 To Contractor: Bryan J. Zatica, President Macro Z Technology Co. 841 East Washington Avenue Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: _ aisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. �7 — Bran Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF^SAnNTA ANA Kristine Ridge City Manager MACRO Z TECHNOLOGY CO.: Bryan J. Zatica President - t EXHIBIT A Appendix ATTACHMENT 1: SCOPE OF WORK SCOPE OF WORK Introduction and Backiwound: The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Demolition contractor(s) to provide demolition, including asbestos abatement and hazardous materials removals, services for the City of Santa Ana on an as -needed basis. From the proposals received, it is the City's goal to select one or more firms to enter into agreement(s). Approximately 30 residential and commercial properties along Warner Avenue, Fairview Avenue and Bristol Street will need to be demolished by early of 2023. The total demolition services needed for this On -call contract(s) is valued at approximately $2,000,000. The total amount to be expended shall be shared among all contractors selected for award to provide these services. Scope of Services: Contractor is responsible for the payment of all applicable permits required to conduct the below scope of services. The On -Call contractor shall respond with a task order quote within 5 working days of receiving the request for a task order quote. Selection of a contractor to perform each task order shall consider past work completion performance. Demolition: Contractor is responsible for demolishing and disposal/recycling of all improvements, including but not limited to: foundations and footings, slabs, basement, detached garage, landscaping, fencing, walls trees and all miscellaneous to clear site complete. Contractor is also responsible for grading the parcel for drainage, importing and exporting fill dirt or aggregate base as needed, capping all water and sewer lines, and compacting to 90% density, Prior to submitting all on -call proposals, the Contractor shall visit the subject project site (including coordinating with the City for access inside the building) and obtain any necessary as-builts to define an appropriate scope of work. All work is to be done in accordance with all applicable federal, state and local regulations, standards and codes governing demolition and any other trade work done in conjunction with the demolition. Copies of all demolition permits, water and sewer cap inspection approval and a letter of completion should be submitted for City's files prior to the Contractor receiving payment, The Contractor shall supply all necessary labor, materials, services, insurance, permits, and equipment to carry out the work in accordance with all applicable federal, state, and local regulations. The Contractor at all times shall keep the Project site free from accumulation of waste materials or rubbish caused by the Contractor's operations. At the completion of each trade of the work, and at final completion prior to contractor submitting the final invoice, Contractor shall remove all waste materials, and rubbish from and about the project as well as tools, construction equipment, machinery, and surplus materials. Contractor shall hand deliver a City provided work notice letter to adjacent resident owners at least one week prior to the demolition work. Asbestos Abatement: The work described herein consists of removal and disposal of ALL asbestos containing materials (ACM -friable or nonfriable) and subsequent cleaning of the sites in accordance with all applicable federal, state and local regulations, standards and codes governing asbestos and any other trade work done in conjunction with the abatement. Results of any testing that identify asbestos containing materials will be provided by the City. It is the responsibility of the Contractor to determine if any additional asbestos removal is required in addition to the surveys. Copies of all notifications must be submitted to City including, abatement contractor's license, map and/or clear documentation specifying asbestos containing materials abated; completed waste manifests; and a completion letter indicating that all asbestos containing materials from these properties have been abated and properties are ready to be demolished. Lead Removal: The Contractor shall take all necessary precautions and follow all Occupational Safety & Health Administration (OSHA')s guidelines required in the handling of lead contained materials if any are detected. Please refer to the Lead Hazard Evaluation Report which will be provided to the Contractor prior to on -call bid. Rat and/or Vermin Abatement: Contractor, prior to performing demolition, is responsible for providing rat and/or vermin abatement, As part of the demolition completion package, written certification will be provided to the City, stating that such work was performed, and that the structures were free of infestation prior to the demolition taking place. Erosion Control: Contractor shall prepare erosion and sediment control plan immediately after award of the contract for the approval of the Engineer, The plan shall be prepared per the applicable guidelines described in the latest version of the Orange County Program Construction Runoff Guidance Manual (http://ocwatersheds.com/documents/bmp/constructionactivitiesl. The Contractor shall submit the plans for review and shall make the necessary revisions to the plans as directed by the City. The plans shall be prepared by a Civil Engineer licensed in the State of California. The City may waive the requirement of licensed Civil Engineer if the Contractor can satisfactorily prove to the City that the person preparing the erosion control plan is qualified in the field of erosion control. The Contractor shall keep a copy of the erosion control plan on -site for the duration of the contract and shall provide all necessary control devices to implement all necessary measures as shown on the plan. The erosion control plan shall remain in effect until approval to remove is granted by the City. All erosion control materials shall be available on -site and stockpiled at a convenient location to facilitate rapid construction of temporary devices when rain is eminent, Fee Proposal Contractor shall submit a fee proposal as described below in a sealed fee envelope, This fee proposal shall be based on ON -CALL DEMOLITION SERVICES for the sample project site described below. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City. Fee proposal shall include: o Description of work (summarized scope of services) o Fee (per spreadsheet below) o Schedule (from date of receiving a Notice to Proceed to task order completion) SUBJECT PROJECT SITE DESCRIPTION: The subject sample project site, which was already demolished, is for comparison and evaluation purposes only. The sample project is located at 1301 W llth Street, Santa Ana, CA 92703. The following is a brief description of the sample project site. Please refer to Appendix - Attachment 4 for full project site description and Asbestos, Lead -Based Paint/Universal Waste Survey. The building is one story residential structure with stucco over wood framing exterior walls with brick fascia construction with the following approximate dimensions: - Main Dwelling Area: 1,685 sf - Garage: 390 sf - Covered Patio: 275 sf - Total Area: 2,350 sf - Total Land Area: 6,970 sf Contractor is responsible for demolishing all improvements, including: 4" thick concrete slab foundation and footings to a depth of 3', and all surrounding landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, capping all sewer lines, and compacting to 90% density. Erosion control to include importing and exporting fill dirt as needed, installing straw waddles around site perhneter, topping site with 1" base course to prevent wind erosion, and installing rumble plates for the duration of the demolition. Price provided below shall be based solely on the information provided hereon and shall be an all- inclusive price and shall include all items listed and cover all items or work identified above and Appendix - Attachment 4 to deliver a clear site with no remaining improvements. Company Name: 1301 W 1111 Street, Santa Ana, CA Item Description Cost Permitting Engineering Site Fencing for Duration of Demolition Canopy BMP's/Erosion Control Plan Asbestos/Hazardous Stabilization and Abatement (on a separate sheet, provide a detail cost for this sump sum amount $ Universal Waste Disposal Interior Demolition Exterior Wall/Building/Foundation Demolition Sitework Demolition Landscape and Trees Removal and Clearing $ Vermin Abatement (Assume present) Bee Colony Abatement (Assume resent Other describe... Total Price rson Tori Pierson Date: 2102205.181318:07 Da0T00' AC"RbP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 5/1012022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement($). PRODUCER Alliant Insurance Services, Inc. 18100 Von Karmen, 1Oth Floor Irvine CA 92612 C NTACT NAME: Yvonne Chong PHONE 949.66D.5967 FAX C No: ADDRESS; ychong@alllant.com INSURERS AFFORDING COVERAGE NAICW INSURERA: Federal Insurance Company 20281 INSURED Macro-Z-Technology Company 841 E Washington Ave. INSURER B: Executive Risk Indemnity Inc 35181 INsuRERc: Allied World National Assuranc 10690 INSURER D: Indian Harbor Insurance Com an 36940 Santa Ana CA 92701 INSURER E: Starr Indemnity & Liability Co 38318 INSURER F : COVERAGES CERTIFICATE NUMBER: 1352408476 RFVI-SIGN MHMRFR- 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. INTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MM/UD POLICY E%P DIYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 54309459-03 10/1/2021 10/1/2022 EACH OCCURRENCE $1.000,000 DAMAGE( aoc D PREMISESSKtNI Irrence) $100,000 MED EXP(Any oneperson) $5,000 PERSONAL&ADV INJURY $1, 000,000 AGGREGATE LIMIT APPLIES PER: POLICY [X]jECT F—]LOC GENERAL AGGREGATE $2,000,000 GENT PRODUCTS - COMP/OP AGG $2,000,000 Deductible $5,000 OTHER: I A AUTOMOBILE LIABILITY 54309639 10/1/2021 10/1/2022 COMBINED SINGLE LIMIT eccldent $1,000,000Ee X ANY AUTO BODILY INJURY (Per person) $ X OWNED AUTOS ONLYNAUTOSULED BODILY INJURY (PeraccldenQ $ X HIRED NN-OWNED AUTOS ONLYAUTOS ONLY PROPERTYDAMAGE Per eccldent $ Deductible $1,000 E X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE 03115450-03 1000586615211.03 1DII/2021 1D/l/2021 10/1/2022 10/1/2022 EACH OCCURRENCE $18,000,000 AGGREGATE $18,OD0,000 DEO I X I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNEWEXECUTIVE OFFICERIMEMBEREXOLUDED2 NIA 64309538 101U2021 10/1/2022 X STATUTE ERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below D ProfessionaVPollution pEC000663221 10/1 /2021 10/1/2022 Each Clelm $5,000,000 Aggregate SIR $5,DDD,ODO $26,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Re: Provide On -Call Demolition Services for the City Of Santa Ana. City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured as respects General and Auto Liability pursuant to written contract, agreement, or memorandum of understanding. Such Insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory. Waiver of subrogation applies to Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPyRR�EESENTATIVE 4 V 1Uoe-ZUIOAUUKUUt "-"'"a""'^"""^' ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 54309459-03 COMMERCIAL GENERAL LIABILITY CG 20 38 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you are exclusions apply: performing operations when you and such This insurance does not apply to: person or organization have agreed in writing 1. "Bodily injury", "property damage" or "personal in a contract or agreement that such person or and advertising injury" arising out of the organization be added as an additional insured rendering of, or the failure to render, any on your policy; and professional architectural, engineering or 2. Any other person or organization you are surveying services, including: required to add as an additional insured under a. The preparing, approving, or failing to the contract or agreement described in prepare or approve, maps, shop drawings, Paragraph 1. above. opinions, reports, surveys, field orders, Such person(s) or organization(s) is an additional change orders or drawings and insured only with respect to liability for "bodily specifications; or injury", - "property damage" or "personal and b. Supervisory, inspection; architectural -or advertising injury" caused, in whole or in part, by: engineering activities. a. Your acts or omissions; or This exclusion applies even if the claims against b. The acts or omissions of those acting on any insured allege negligence or other wrongdoing your behalf; in the supervision, hiring, employment, training or in the performance of your ongoing operations for monitoring of others by that insured, if the occurrence' which caused the "bodily injury or the additional insured. "property damage", or the offense which caused However, the insurance afforded to such the "personal and advertising injury", involved the additional insured described above: rendering of, or the failure to render, any a. Only applies to the extent permitted by law; professional architectural, engineering or and surveying services. b. Will not be broader than that which you are 2. "Bodily injury" or "property damage" occurring required by the contract or agreement to after: provide for such additional insured. a. All work, Including materials, parts or A person's or organization's status as an equipment furnished in connection with additional insured under this endorsement ends such work, on the project (other than when your operations for the person or service, maintenance or repairs) to be organization described in Paragraph 1. above are performed by or on behalf of the additional completed. insured(s) at the location of the covered operations has been completed; or 6Aver�aBi: ma�rcu,"e"�"acrr a�aae CG 20 38 04 13 ©insurance Services Office, Inc., 2012 vauv I V1 C b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured Is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 �> d.RreaM7 Rrr Ila R kM�nagei— CTer Xd< v V V LV JV V4 �N �_ POLICY NUMBER: 54309459-03 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR 0RGANIZATI0N This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) The City of Santa Ana, its officers, employees, agents, and representatives are named as additional insured on this policy pursuant to written contract, agreement, or memorandum of understanding Of Covered ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule if not shown above will be shown in the Declarations. I A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the_ Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional _exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. < htouganarttlh4brt 6 p 6�gMyeltd�Br. 1' Fisk , am[OmaiNtle CG 20 10 12 19 ©insurance Services Office, Inc., 2018 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of Insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 M POLICY NUMBER: 54309459-03 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Santa Ana, its officers, employees, agents, and representatives are named as additional insured on this policy pursuant to written contract, a greement, or memorandum of understanding ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 12 19 © Insurance Services Office, Inc., 2012 POLICY NUMBER: 54309459-03 COMMERCIAL:GENERAL LIABILITY 16-02-2.464 (Ed. TAI 5) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 0 1 i 0 . 614q 9 1 :41111111:4M Y M M 0 M-1111 This endorsamerit modbles Insurance pirovided under the fbljowljjg' COMMERCIAL'GENERAL LIA15INTY-COYERAIGE PART -Additio'nal Insured: Per-writtoncontract SCHEDULE Location Of CovoredOperatiorw (if no entry appepps above, information required to oorhpleto this endorsement wilkbe shown In the Declarations as applicable to this endorsements)" With respect only to the Additional Insured and at the Location of Covered Operations shown In the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL,.LIABILITY CONDITIONS, Parooraph 4, G. tire and su, odes any . th pr Inam'�,a pers provlilon Pilingi)t,Anti 'Noncontributory insurance This Insurance Is primary to end will pot seek con - tribofloh, from any other Inquiarco avi liable I , o the Addilidnal lhsured with respect to thei-bcatoln Cif Covered operations shown ln'ft Schedulo under thlspolloy provided filet: (1) The Additlooal Insured W a named insured under such other Insurance; and (2) You haVe agreed In Wrftirq, In a conVact or agroom'dilt that this ffisurbride would be pfiroafy and would. "not seek t�fifflbutlon from any other iftufahcd evallable to the Additional Inswed, 16-02-2461 (F01,745) Includes copyrighted matqrIgI.Df insuranceSorvicer? ()ff.tcp,,jnc., with its porml4slon, POLICY NUMBER: 54309459-03 COMMERCIAL GENERAL LIABILITY b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part 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 claim is made or "suit" is brought. 8. Transfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, 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 Coverage C. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement" does not include any e-mail address, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury' means injury, other than "bodily injury", "property damage" or "personal injury", sustained by a person or organization and caused by an offense of infringing, in that 11 particular part of your "adve goods, products or services, Form 10-02-1800 (Rev. 09- 17) a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3. "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5."Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease that caused it. 6.- "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described In Paragraph a. above, but is away for a short time on your business; or (3) "Advertising injury' or "personal injury" offenses that take place through the Internet or similar electronic means of communication rtisement about your upon their: uhkM"VV�A ffE41E &AWVMAIV Includes copyrighted material of ISO Properties, Inc., with its permission POLICY NUMBER: 54309459-03 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Per written contract. Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I — Coverage A, and for all expenses shall reduce the Designated Con - medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- t. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen - completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 r Quw , W1 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 0 Insurance Services Office, Inc., 2008 POLICY NUMBER: 54309459-03 COMMERCIAL GENERAL LIABILITY 10.02-2494 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION OR NON -RENEWAL. TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following: COMMON POLICY CONDITIONS SCHEDULE Name(s) and Addrsss(es). ALL PERSONS OR ORGANIZATIONS AS ON FILE WITH US The following Condition Is added: Notice Of Cancellation Or Non -Renewal To Specified Persons Or Organizations 1. If we cancel or non -renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non -renewal to any Person(s) or Organization(s) shown In the Schedule Thirty(3o) days prior to the effective date of cancellation or non -renewal. 2. If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Persons) or Organization(s) shown In the Schedule Ten. (10) days prior to the effective date or cancellation. 3. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not Invalidate such cancellation or non -renewal with respect to any other person(s) or organlzation(s). 10-02-2494 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., , ken+: with its permission. a' G,skhUUnagenu,t6h: giAitle 61 POLICY NUMBER: (21)54309639 CO1V%MEitCAi, AUTO -MOBILE THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAIZEFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This. godorscrnexatnodifues insurance provided under• hq follpwing„ FORM borrow in your business o(your persohal 3usinessAuto Coverage Form. affairs. )N CONDITION C. Lessors as Insureds .LATION = of the Paragraph A. ,: —WHO Ira AN INSURED — of IONS form IL 0017 to SECTION III —LIABILITY 0OVERAGEIs e following: amended fo add the followirtq: tine date of canoaltation if e. The'lassor of a covered "auto" while the mason. "auto" is 'leased to you under a written agreement1V y Acgytred or Formed ;(1) The agreement requires you; to retie provide clirecf primary Insursnos for wm In the Declarations is the lessor; and T. . termination or the exhaustion of Its Llitrft'trf InsurariCe 2. Any organization that is acquired or formed by you artd over which you maintains majority ownership,. However, the Named insured does not include any newly formed or aoquired. (ay That is en 'Insured" under any other automobile policy; (b) That has'extiausted Its Limit of Insurance under any other policy,or (c)'100 days or more .ofter its acquisition or formation. ormation bYyou, unfeasyou hays givan OR Milan not(ce of thelac quRl(ion or formation eirago does not apply to "bodily Injury" or amended to UN 1. You, 2. Any:ofyour"ehiplpy8es"'i'ragents e ParagraphA.1 — WHO',IS'AN INSURED -of :SECTION IJ -LIABILITY COVERAGE:Is d. Anj"employse of yours while using a an "insured" only,. covered "auto"`you don"t own, hire of � _, p'or.m: 16 Q2-001 Rev. .4-I'L) Pam+ i ISskM10, »Ej Includes ggppyrIghted material of `insuranpe Services Office, lno: witsfta pet S. Q (1) with respect to the operation, d. Rental Expense maintenance or use of a covered We will pay the following, expenses that you or (2) (b).The permit has been Issued to you. FELLOW EMPLOYEE.COVERAGE EXCLUSION B.S. - FELLOW EMPLOYEE — of SECTION II -- LIABILITY COVERAGE does not apply. PHYSICAL DAMAGE —:ADDITIONAL TEMPORARY' TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.0. — TRANSPORTATION EXPENSES --of SECTION III —PHYSICAL DAMAGE COVERAGE Is emended to providem limit of $50 per day for temporarytranspoatatfonexpense, subject to a maximum limit of $1,000, AUTO LOANILEASE:GAP COVERAGE 4: ;Kny: ,a ardue I,oen(lease payments at the time of `b. Financial panalties,imposed under a lease for excessive use, abnormal wear and tear cr .o. Carry-over balances from previous loans or We will pay forany unpaid amount due on the loan or 2,. a Form: any 1. $2 500 for loss of Woome Incurred by the rental agency during the'psrlod of time that vehicle is out of use beoause of actual daifrao0to, or`"losa' of, that vehicle, including Income lost doe to absence of that vehicle for Use as e replecerheht 2. $2 a00 for daerease in trade-in value of the rental vehicle because (if actual damage to that vehicle:arlsing out of, a covered "loss", and 3. $2 500 for edministrative:expenses incurred by the rental agency, as stated in the contract or.119rdenent: 4,$7;;500rhaximumtotal:amountfor paragraphs 1.;;'!,.and 3, dombined. 7. EXTRA EXPENSE'— BROADENED COVERAGE Paragraph AA,COVERAGE EXTENSIONS', of SECTION III --PHYSICAL DAMAGE COVERAGE Is afrientled to 0dd the followihq.s a IlW overy Expsnso We will pay forthe expense of returning a stolen"covered"'auto"to. you. —AIRBAG COVERAGE 9. Of -BROADENED-COVERAGE ?.-LIMIT OF INSURACE-of PHYSICAL DAMAGE is deleted or data signelswhich, at the time of1.oss", ts.• a. Permanentiytnstalledinorupon'the< 'covered "auto" in a housing', opening.or other 10dation'that Whot ncittnbliv used bN 13 equipment; or o. An integral partof'such equipment, 16-ti24N(i'lm 4-4 I) T'a :'_70WW t"Includes copyrighted' material of Insurance -Services Office, Inc. with its piA,a�' 1 Q; 11. D.- if the glass varagrapn U,-Ut=UL1U l iMr--carxx.I IV11 I„ — PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Forrh and any other Coverage Form aroolioy Issued to you by us that Is not an automobile policy or Coverage Farm applies to the same "accident'; the following applies: 1. if the' deductible under this Business Auto Coverage Form is the.srhaller (or smallest) deductible, it will be waived,' Or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, It will be reduced by the amount of the smallar (oremallest) deductible, P M • applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss`. To the extent that the "Insurad's" rights to recover damages for ail or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person br. organization "inustdo. everything necessary to secure our rights and must do nothing after "accident" Or "loss" to impair therm. At our request, the insured will brand suit or transfer those rights to us and. 14. UNINTENTIONAL FAILURE TO DISCLOSE' HAZARDS Is.. 115. (4) An 6xacutive oftioer, insurance manager, or authorized.representat%ve, if you;are an 16; a °loss. ocqurrga; (2 The "Insured':' name an,d address; and (8� To the extent possiblle,Aho namep and 17. ad, resew pf;any injured persons or 13. IiVAIi/ER, OF SU13ROGATION Parsarmoh AS, = TRANSFER QF.RICHT£3 OF a organization for 1. Ftim. i 6 02-0292 cv ss'to which this Insurance as (t2 .4-41) Pa '? as Includes copyrighted' material of Insurance Services Office, Inc: with its pc " *"" �'" POLICY NUMBER: (21)54309639 COMMERCIAL AUTO 16-02-0316 Ed. 1014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Macro-Z Technology Company Endorsement Effective Date: 10/1/2021 SCHEDULE Name(s) Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Item 5. — "Other Insurance" of Item B. —"General Conditions" under Section IV — "Business Auto Conditions": e. Regardless of the provisions of Paragraph 5.a. through d. above, for any liability arising out of the ownership, maintenance, use, rental, lease, loan, hire or borrowing by an "insured" of a covered "auto" for which an "insured" is contractually obligated to provide primary insurance coverage to a client, this Coverage Form will be primary and non-contributory with respect to the Persons or Organizations in the schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form or policy that applies on a primary basis. 16-02-0316 Ed. 10 14 POLICY NUMBER: (21)54309639 COMMERCIAL AUTO 16-02-0322 (Ed. 11.15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION OR NON -RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement modifies the following: COMMON POLICY CONDITIONS SCHEDULE Name(s) and Address(es): ALL PERSONS OR ORGANIZATIONS AS ON FILE WITH US. The fallowing Condition Is added: Notice Of Cancellation Or Non -Renewal To Specified Persons Or Organizations 1. 1 we cancel or non -renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non -renewal to any or Organization(s)-shown in the Schedule -30 days ;prior to the. effective date of cancellation or non -renewal. 2. If we cancel this policy for non-payment, we will deliver notice of the cancellation to any Person(s) or Organlzation(s) shown in the Schedule 10 days prior to the effective date of cancellation. 3. ti notice Is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not Invalidate such cancellation or non -renewal with respect to any other person(s) or organization(s). rrwiYr 16-02.0322 (Ed. 11-15) Includes copyrighted material of Insurance Services Office, with Its permission, Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number MACRO-Z-TECHNOLOGY COMPANY Policy Number Symbol: WCF Number: 54309538 Policy Period Effective Date of Endorsement 10/01/2021 TO 10/01/2022 10/01/2021 Issued By (Name of Insurance Company) FEDERAL INSURANCE Insert the policy number. The remainder of the Information Is to be completed only when this endorsement Is Issued subsequent to the re oration of the ollcy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL OPERATIONS 3. Premium: The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: $0 Authorized Representative .�-. kNuMas;reriwfkith4stan 6 Nenova:er: RizkMana9enmlClmi(efA(dc WC 90 03 75 (05118) _ _ _ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 990662 NOTICE OF CANCELLATION OR NON -RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS This endorsement changes the policy to which R is attached and is effective on the date issued unless otherwise stated. This endorsement effective on Policy No. 64309538 101112021 (DATE) Issued to Macro-Z Technology Company of the at 12:01 A M. standard time, forms a part of The following Condition is added to PART SIX -CONDITIONS: Federal Insurance Company (NAME OF INSURANCE COMPANY) Authorized Representative Notice Of Cancellation Or Non -Renewal To Specified Persons Or Organizations I. If we cancel or non -renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non -renewal to any Person(s) or Organization(s) shown in the Schedule THIRTY (30) days prior to the effective data of cancellation or non -renewal. 2. If we cancel -this policy for non-payment, we will deliver notice of the cancellation to any Person(s) or - Organization(s) shown in the Schedule TEN (10) days prior to the effective date of cancellation. 3 If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Any failure by us to notify such person(s) or organization(s) will not invalidate such cancellation or non -renewal with respect to any other person(s) or organization(s). SCHEDULE Name (s) and Address (es): ALL PERSONS OR ORGANIZATIONS AS ON FILE WITH u5 wn 99 06 62(Ed. 01.16) POLICY NUMBER: PEC000663221 PROFESSIONAL LIABILITY POLLUTION LIABILITY malfunction is first discovered during the Policy Period and after the system has been put to its intended use in the course of construction in support of Professional Services or Contracting Services and is reported to us, in writing, by you, during the Policy Period, within ninety (90) days of the end of the Policy Period, or, where applicable, the Optional Extended Reporting Period. This limit of liability is the most we will pay regardless of the number of consulting companies, systems purchased or malfunctions. SECTION III - DEFINITIONS A. Bodily Injury means: physical injury, sickness or disease, sustained by any person, including death resulting therefrom, and any accompanying medical or environmental monitoring; or 2. mental anguish, emotional distress or shock, sustained by any person. B. Claim means a monetary demand or notice, or assertion of a legal right, alleging liability or responsibility on your part, and includes, but is not limited to, a lawsuit, petition, or governmental or regulatory action commenced against you. C. Client means the person or entity that directly hires the Named Insured, by written agreement signed by the Named Insured, to render Contracting Services and for whom the Named Insured renders such services. D. Completed Operations means Contracting Services that are completed. Completed Operations does not include Contracting Services that have been abandoned. Contracting Services will be deemed completed at the earliest of the following times: 1. when all Contracting Services to be performed under a contract have been completed; or 2. when all Contracting Services to be performed at the Job Site have been completed; or 3. when that part of the Contracting Services performed at the Jobsite has been put to its intended use by any person or entity other than another contractor or subcontractor working on the same project. Contracting Services that may require further service, maintenance, correction, repair or replacement, but are otherwise complete, shall be deemed completed. E. Contracting Services means any construction or environmental activity that is performed by or on behalf of the Named Insured. Contracting Services also includes Completed Operations. F. Design Professional means any person or entity that is qualified, certified or licensed to perform professional services that are covered by Design Professional's Insurance, including any Subcontractors and subconsultants. G. Design Professional's Insurance means any liability insurance issued to a Design Professional. H. Design Professional Services means professional services that any Design Professional: 1. agreed to perform pursuant to a written agreement with you or a Design Professional; retained by you or on your behalf; and 2. are included within the Professional Services that you agreed to perform it with a Client. F.Eaicct ea,� 6NzxcmnBtr EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved.ke° u"m'^tle May not be copied without permission. - POLICY NUMBER: PEC000663221 PROFESSIONAL LIABILITY POLLUTION LIABILITY Emergency Remediatlon Expense means reasonable and necessary Remedlatlon Expense incurred on an emergency basis, that you establish and we determine reasonable and necessary to mitigate the immediate effects of the Pollution Condition in light of the liability covered under this Policy that can be avoided or reduced by such mitigation. J. Environmental Damage means physical damage into or upon land or structures thereupon, the atmosphere or any watercourse or body of water, including groundwater, caused by a Pollution Condition and resulting in Remediatlon Expense. Environmental Damage does not include Property Damage. K. First Named Insured means the person or entity stated in Item (1) of the Declarations. L. Green Building Materials means building products or materials that are recognized by The Leadership in Energy and Environmental Design (LEEDO), Green Globes Assessment and Rating System, International Green Construction Code or Energy Star as: being environmentally preferable or sustainable; or 2. providing enhanced energy efficiency. M. Insured means each of the following: 1. the First Named Insured; 2. the Named Insured; 3. the Named Insured's current and former directors, partners, principals, members, officers, stockholders, or trustees, but solely while acting within the course and scope of their duties as such; 4. the Named Insured's current and former employees, including Leased Worker, but solely within the course and scope of their employment or lease agreement; 5. the Named Insured's heirs, executors, administrators, assigns or legal representatives in the event of death, incapacity or bankruptcy, but only with respect to the liability of the Named Insured otherwise insured herein; S. any Predecessor In Interest; 7. any entity newly formed or acquired by the Named Insured during the Policy Period where the Named Insured has greater than fifty percent (50%) ownership, control, or beneficial interest, provided however that: a. coverage shall be provided only for Professional Loss and Protective Loss arising out of Professional Services or Design Professional Services or Pollution Loss and Pollution Protective Loss arising out of Contracting Services or Subcontractor Services, for services performed on or afterthe date of formation or acquisition, subject to the Retroactive Date; and b. this coverage shall expire at the end of the Polley Period or within ninety (90) days of such formation or acquisition of the entity, whichever is earlier, unless you submit written notice to us providing detailed information concerning the newly formed or acquired entity and we agree to accept coverage and issue an endorsement confirming coverage; 5. the Named Insured's participation in a legal entity including a limited II venture, but only to the extent of the Named Insured's legal liability for i1 RMkM fum" REVW41 s&bier $r. EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. "xuMx a9 " va�ax May not be copied without permission. POLICY NUMBER: PEC000663221 PROFESSIONAL LIABILITY POLLUTION LIABILITY render Professional Services or Contracting Services under the respective legal entity or joint venture. 9. Solely with regard to SECTION I - INSURING AGREEMENTS, B.1. Job Site Coverage -Occurrence, B.2. Transportation Coverage and B.S. Non -Owned Disposal Site Coverage, any person or entity, including a Client, as required by a written agreement signed by the Named Insured, but only for: a. a Pollution Condition caused by Contracting Services; and b. the liability of the person or entity that results from the performance of the Named Insured's Contracting Services, provided that such written agreement is signed by the Named Insured prior to the commencement of the Pollution Condition. Any insurance afforded under the terms and conditions of this Policy shall be limited to the scope of coverage required by such agreement and shall be limited to the lesser of the amount of the limits of liability required by such written agreement or the Limits of Liability under this Policy. In no event shall we be liable for any amounts in excess of the Limits of Liability shown in Item (3) and Item (4) B. Pollution Coverages of the Declarations. N. Insured Contract means that part of any written agreement under which, the Named Insured assumes the tort liability of another party to pay compensatory damages for Bodily Injury, Property Damage or Environmental Damage, to a third -person or entity, provided that such written agreement is signed by the Named Insured prior to the Bodily Injury, Properly Damage or Environmental Damage. Tort liability means a liability that would be imposed by law in the absence of any agreement. O. Job Site means the location where Contracting Services are rendered. Job Site does not include: 1. any location that is owned, rented, leased, used, or occupied by you except for: a. a location owned, rented, leased, or occupied by the Client; or b. a location that is rented, leased, or occupied (but not owned) by the Named Insured and is used on a temporary basis by you for a single project only, during the course of providing Contracting Services for such single project. 2. a Non -Owned Disposal Site or Your Location. P. 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. Q. Legal Expense means legal costs, charges and expenses incurred in the investigation or defense of a Claim arising from Professional Services or Contracting Services, provided such costs, charges and expenses are authorized by us. Legal Expense does not include the time and expense incurred by you in assisting us in the investigation or resolution of a Claim including, but not limited to, the costs of your in-house counsel, salary charges of your regular employees or officials, and fees and expenses of counsel retained by you, except as provided by SECTION II - SUPPLEMENTAL COVERAGES, D. Litigation Expense Coverage. Legal Expense also does not include salary charges of our employees. Legal Expense does not include any legal costs, charges and expenses incurred in Expense, Emergency Remedlation Expense or to any legal costs or expense: end spr,acv�ar.. `7M. r� EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. May not be copied without permission. POLICY NUMBER: PEC000663221 PROFESSIONAL LIABILITY POLLUTION LIABILITY Insured to remove an action to the United States District Court, regardless of the jurisdiction in which, an action is commenced. G. Declarations and Representations By acceptance of this Policy, you agree that the statements, declarations and information contained in the Application, submitted for this Policy and executed by you, and any other supplemental materials submitted to us are: f. true, correct and complete; 2. such statements and information are material to our underwriting of this Policy; 3. that this Policy has been issued by us in reliance upon the truth, correctness and completeness of such statements, declarations and information, and 4. the Application, submitted for this Policy and executed by you, and any other supplemental materials submitted to us are incorporated in and made part of this Policy. H. Design Professional's Insurance You shall require that each Design Professional, with whom you enter into a written agreement, carry professional liability insurance. Headings The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of this Policy. J. Inspection and Audit We shall be permitted, but not obligated, to examine, audit, monitor and inspect on a continuing basis any of your books, records, services, properties and activities at any time, as far as they relate to the subject matter of this Policy. Neither our right to examine, audit, monitor and make inspections, or the actual undertaking thereof, or any report thereon, neither constitutes an undertaking to determine or warrant that property or operations are safe, healthful, or conform to acceptable engineering practice, or are in compliance with any law, rule or regulation. Any inspections shall be coordinated through the broker or agent of the First Named Insured. K. Other Insurance Unless expressly stated to the contrary, this Policy is excess over the Self -Insured Retention Amount and any other valid and collectible insurance whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written specifically excess of this Policy by reference in such other policy to this Policy Number in this Policy's Declarations. When any other insurance has a duty to defend a Claim, we shall have no duty to defend the Claim; if the other insurance does not defend the Claim, we shall have the right, but not the duty to defend the Claim. With regard to SECTION I - INSURING AGREEMENTS, B. Pollution Coverages, when you are required by written agreement, executed prior to the first commencement of the Pollution Condition, to include any person or entity as an additional Insured, such coverage shall be provided on a primary and non-contributory basis to the extent required by the written agreement. k6kAtnsgnjvnk. iRia6Peraar�aNrr: EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. May not be copied without permission. POLICY NUMBER: PEC000663221 PROFESSIONAL LIABILITY POLLUTION LIABILITY L. Severabllity Except with respect to the Limits of Liability and the Self -Insured Retention Amount, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a Claim is made. M. Sole Agent The First Named Insured shall act on behalf of all Insureds for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or non -renewal and the exercise of the rights provided in SECTION VI — OPTIONAL EXTENDED REPORTING PERIOD. N. Subrogatlon In the event of any payment under this Policy, we shall be subrogated to all of your rights of recovery against any person or entity and you will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost of recovery shall be paid to you. You shall do nothing at any time to prejudice our subrogation rights. However, we waive our right of recovery against any person or entity, except for a Design Professional or Subcontractor, including Subcontractors and subconsultants, if and to the extent you agreed to waive your right of recovery against such person or entity in a written agreement signed by you prior to: the negligent act, error or omission in Professional Services out of which the Claim or request for Rectification Expense arises under SECTION I - INSURING AGREEMENTS, A. Professional Coverages; or 2. the first commencement of a Pollution Condition out of which the Claim or request for Emergency Remedlatlon Expense or Pollution Loss arises under SECTION I - INSURING AGREEMENTS, B. Pollution Coverages. O. Territory This Policy applies to Professional Services and Contracting Services rendered worldwide, provided that the Claim, Protective Claim or Pollution Protective Claim is first brought, and at all times maintained, within the United States of America (including its territories and possessions), and Canada. This Policy does not applyto any Claim, Protective Claim or Pollution Protective Claim for which, payment would be in violation of the laws of the United States of America including, but not limited to, United States economic or trade sanction laws or export control laws administered by the United States Treasury, State, and Commerce Departments, for example the economic and trade sanctions administered by the United States Treasury Office of Foreign Assets Control. EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. May not be copied without permission. 5hrrnavEaer. RidM na9emmtlmaiNde