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Home My WebLink AboutCYBERNET CONSULTING, INC. 2G2�,7s� AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. ----------------------------------------------------------------- The agreement with � ( �� No. A --T b -c j- c) 4 was completed on 0 I S' 4 S and final payment has been made. Department: L j fNc" Signature: tL at Date: i'L/ ce(OS City of Santa Ana Revised 8-7-03 Clerk of the Council ON FILI �NORK MAY PROCEED ury li. �jSURANGF EXPIRES S CLERK OF COUNCIL DATE: CONSULTANT AGREEMENT A-2005-076 THIS AGREEMENT, made and entered into this 2n-t� day of hct=>r L , 2005 by and between Cybemet Consulting, a California Corporation (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of BID and Construction Management services. B. City solicited proposals from qualified firms for such professional services. C. In response to the solicitation, Consultant submitted a proposal, dated March 4, 2005, to perform such services (the "Proposal'). D. The City desires to retain Consultant to perform the services set forth in the Proposal. E. Consultant represents that Consultant is able and willing to provide such services to the City. F. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A "Proposal to Provide Professional Engineering Services for Bid and Construction Period Assistance for the Security Management System Project dated March 4, 2005" to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $27, 665.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 30, 2006, unless terminated earlier in accordance with Section 12, below. Consultant shall complete the projects as detailed in Exhibit A. The term of this Agreement as well as Preliminary Project Schedule may be extended upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit D 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 $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant 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 $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f I£ Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, and employees from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent acts or operations of the Consultant 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. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and, Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-43) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) =91FORWRIM Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Cybemet Consulting, Inc. 3934 Murphy Canyon Road Suite B-202 San Diego, CA 92123 Attn: Cyrus Moaveni A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 telefacsimile, any notice, tender, demand, delivery, or other 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: _ �1 PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney 1 j Michael Vigliotta Deputy City Attorney AS ive Director of the Public Agency CITY SANTA ANA Z' DAVID N. REAM City Manager CONkLTANT Cr�s Moavem Executive Vice President Employer ID # or Individual SS # CYBERNET Consulting Inc. SCADA SYSTEMS, COMMUNICATIONS & SOFTWARE ENGINEERING March 4, 2005 Nabil B. Saba, PE Senior Civil Engineer City of Santa Ana 220 South Daisy Avenue Santa Ana, CA 92703 714-647-3378 nsaba@si.santa-ana.ca.us Subject: Proposal to Provide Professional Engineering Services for Bid B Construction Period Assistance for the Security Management System Project Dear Mr. Saba, Per your request, CyberNet Consulting Inc. (CyberNet) is pleased to present this proposal to provide bid and construction period assistance services for Contractor Selection and Implementation of the Security Management System Project. SCOPE OF WORK The tasks described below are designed to meet the project's technical assistance needs during the bid and construction phases and also reflect the City's wishes expressed during a phone conversation on March 2, 2005, requesting that the scope of the services being proposed herein assume active management and administration of the project by the City staff. PART A — BID ASISSTANCE CyberNet will provide the following services during the bid period of the project. Task f —Assist with Coordination of Bid Activities Provide support to the City in preparing to advertise for the project and answering preliminary Contractor questions. Task 2 — Attend Project Wa/kthrough Attend a project walkthrough to include an initial meeting at the City's Operations Yard to be followed by a visit to each of the project sites. Task 3 — Prepare Addenda Assist the City in preparing addenda, as required, to include clarifications and responding to Contractors' questions for issuance by the City prior to the bids. Task 4 — Review Bids and Recommend Contractor Selection Review the bids received and in a meeting with the City recommend the most responsible and responsive bidder be awarded the contract. PART B — CONSTRUCTION PERIOD ASSISTANCE CyberNet will provide the following services during the construction period of the project. Corporate Office — San Diego 3934 Murphy Canyon Road, Ste 8202 San Diego, CA 92123 858/492-2999 Northern California 1499 Bayshore Blvd., Ste 139 Burlingame, CA 94010 650/888-5000 www.cybernet-consulting.com 800/482-9237 info@cybernet-consulting.com EXHIRir A March 4, 2005 Mr. Nabil B. Saba, PE City of Santa Ana Security Management System - Bid & Construction Assistance Proposal Page 2 of 3 Task 1— Coordinate & Attend Project Kickoff Meeting Coordinate and attend a project construction kickoff meeting. Prepare and distribute minutes of the meeting to attendees within 5 business days following the meeting. Task 2 — Review Contractor Submittals Review Contractor submittals consisting of the proposed products, bill of materials, shop drawings, and installation plans for compliance with the contract specifications. Up to 2 review cycles have been estimated. Subsequent to the review and approval of the submittals, review the training, and operations and maintenance manuals, including as-builts. Task 3—Attend Field Testing and Provide Report Attend field testing of the system upon substantial completion, as requested by the City. Also perform an inspection of the installation practices for adherence to the Specifications and applicable codes. Provide the City with a report noting the deficiencies. Following satisfactory resolution of the deficiency list, and the final acceptance test as determined by the City, review the operations and maintenance manuals for completeness and compliance with the Contract Specifications, and provide the City with a report stating the condition of the documents. W441P71•L•141a44 The engineering services enumerated in the scope of work above will be provided as per the following fee estimates: PART A — BID ASSISTANCE, $8,970. This fee includes an estimated 4 hours of involvement by an engineering assistant at $60 per hour, 44 hours of involvement by a senior engineer at $125 per hour and 22 hours of involvement by a principal engineer at $140 per hour, and a total of $150 to cover mileage and other direct costs. PART B — CONSTRUCTION MANGEMENT ASSISTANCE, $16,180. This fee includes an estimated 16 hours of involvement by an engineering assistant at $60 per hour, 88 hours of involvement by a senior engineer at $125 per hour and 28 hours of involvement by a principal engineer at $140 per hour, and a total of $300 to cover mileage and other direct costs. Total "not to exceed" Part A & B: $25,150.00 The total estimated fee amount will not be exceeded without written authorization by the City. SERVICES NOT INCLUDED The following services are not included in this proposal and will be provided at an agreed upon scope and fee at the City's request. • Coordination, Attendance and Documentation of Progress Review Meetings • Coordination of Field Activities • Contractor RFIs and Change Orders • Factory & Final Acceptance Testing • Project Management and Administration • Project Acceptance and Closeout Thank you for the opportunity to submit this proposal. We are truly excited about the possibility of being associated with the City of Santa Ana on a long-term basis, and look forward to being of service regarding this important project. EXHIBIT D ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy Ei3 relating to the following: 1. 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 Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative a: "+y U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS S ,a+ OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form, Signature of this form provides for compliance with certification requirements under 28 GFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement, (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospec- tive participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510— A. The applicant certifies that it and its principals-. (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency, (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal. State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance Is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibitiom; (b) Establishing an on-going drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace: (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will— OJP FORM 406116 (3-91) REPLACES OJP FORMS 406112.406113 AND 406114 WHICH ARE UeSULI It. 3 ACORo. CERTIFICATE OF LIABILITY INSURANCE OPID DATE (410 CYBER-1 04 19 OS PRODUCER CERTIFICATE MAYBE ISSUED OR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cavignac 6 Associates 450 B Street, Suite 1800 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 111lE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92101-3547 Phone: 619-234-6848 Fax: 619-234-8601 ' INSURERS AFFORDING COVERAGE _ # INSURED _ INSURER A. Fidel¢ty 6Guazanty Ina. Cndery 25879 AIC CyyBernet Consulting, Inc. Cyrus Moaveni 3934 murph Can y23 '#B202 San Diego 'MED EXP (Any one person) $10,000 _ INSURER H Great American Aaardrance CO _ INSURER C. -- PERSONAL 8 ADV INJURY $ 1 000 , 000 - _ INSURER D _. -,. ,, ,f. _ __ PRODUCTS-COMP/OP A" $2 OOO,OOO _ _.. _�.... 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 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 111lE /NSR OO'L POLICY NUMBER IY ICY EIRATION OR NSR➢ TYPE OF INSVRANLE DATEPOLCMMEFFECTIVE POE XP IDDNYII DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 PREMISES(Eaocc rano,) $300,000 A X X COMMERCIAL GENERAL UANUTY BRO1526339 07/25/04 07/25/05 CLAIMS MAGE OCCUR 'MED EXP (Any one person) $10,000 _ PERSONAL 8 ADV INJURY $ 1 000 , 000 J co+CRAL ncca[cnTsv2 000,000 GEN' L AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMP/OP A" $2 OOO,OOO _ _.. _�.... POLICY PRO- LOC ECT AUTOMOBILE UABIUTY cOMRRIEDeInICLE LIMIT $1,000,000 A I X ANY AUTO BKO1526339 07/25/04 07/25/05 a«menp ' ALLOWNEDAUTOS 1I`(Ea (DElILYPeINL)URY $ SCHEDULED AUTOS X HIRED AUTOS EODILY INJURY $ X NON OWNED AUTOS (Peraccitlarf) PROPERTY DAMAGE $ (Pc, xldI GA RAGE LIABILITY AUTO ONLYEAACCIDENT $ ANY AUTO OTHER THAN EA ACO $ AUTO ONLY. ADP s ` �ry$ LnTp LL `1'�\ ''L ') EXCESSMMBRELLA LIABILITY 'll ` ROVED AS TO ORM EACH OCCURRENCE 8 OCCUR CLANSMADE AGGREGATE. OF HOTIBLE $ RETENTION $ LHOIB� stit Ceti $ WORKERS COMPENSATION AND AlsistHItt CIL}' AttOTO V TORYLIMITS I EH. R EMPLOYERS' LIABILITY AN V PROPRIETOWPARTNER/EXECUTIVE E EACH ACCIDENT . OFFICER/MEMBER EXCLUDED' E L DISEASE EA EMPLOYE $ if yes, deaorde under SPECIAL PROVISIONS below IEL. DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES) EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Bid and Construction Assistance services for a Security Management System. Certificate Holder is named as Additional Insured with respect to General Liability per attached 6 Auto Liability included in policy form. 10 days NOC for non-payment of premium. CFATIFICATF Will EFR CANCFI I_ATION CISAN-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 111lE City of Santa Ana 20 Civic Center Plaza au FD PRFs TAnvEKA q — _ _ Santa Ana CA 92701 ACORU 2512001/08) V ACOKU COKPORA I ION 1888 1k, Insured: Cybernet Consulting, Inc. Policy Number: BKO1526339 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART, Schedule Name of Person or Organization: As required by Work Contract City of Santa Ana RE: Bis and Construction Assistance Services for a Security Management System SECTION II — WHO IS AN INSURED is amended to include to as an insured the person or organization shown in the Schedule, but only with respect to liabliity arising out of "your work" for that insured by or for you. 2. With respect to 1. above the following additional provision applies: SECTION IV. 5. Other insurance is replaced by the following: 5. Other insurance: The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any valid and collectible "other insurance' available to the insured unless the Valid and collectible "other insurance" is provided by a person or organization who is not shown in the schedule. Then we will share with that vaid and collectible "other insurance' by the method described below. If all of the valid and collectible "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 nate of the loss remains, whichever comes first. If any of the valid and collectible "other insurance" does not permit contribution by equal shares, 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. CUBF 22 45 09 99 Includes copyrighted material of Insurance Services Office, Inc. with hs permission. Page 1 of 1 Copyrighted, Insurance Services Office, Inc. 1984 APPROV eta AS 'TO e; Ol< J-- , Lauea S� t Shccd rstunrre psetty Atto- ACORD CERTIFICATE OF LIABILITY INSURANCE C DATE IMM/ BOP ER CYBER -1 0/YY 5 04 20 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Supple Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS, CERTIFICATE DOES NOT AMEND, EXTEND OR 701 B Street, Suite 246 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92101 Phone: 619-595-0380 Fax:619-595-0381 INSURERS AFFORDING COVERAGE NAIL INSURED CIL_ INSURER A'. U.s.'. epacialty ineur...ca Co. INSURER B'. PREMISES Ea occorence E CyberNet Consulting Inp 3934 Murphy Canyonlid, #8202 San Diego CC 1 INSURER C: INSURER D: INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH I$ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E CLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSINBH. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MM/OO(YY LIMITS GENERAL LIABILITY EACH OCCURRENCE E COMMERCIAL GENERAL LIABILITY PREMISES Ea occorence E CLAIMS MADE ❑OCCUR MED EXP (Any one person) E PERSONAL '>ADV INJURY 5 GENERAL AGGREGATE E GEN L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AGO E POLICY r PRO - ECT LOC AUTOMOBILE LIABILITY ED LE LIMIT E ANY AUTO (Ea eccidenp (Ea aco ent) ALL OWNED AUTOS BODILY INJURY E SCHEDULED AUTOS I (Perpersonl HIRED AUTOS. BODILY INJURY E NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE E (Per seddenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E ANY AUTO OTHEEA ACC THAN E E I AUTO ON AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE E OCCUR CLAIMS MADE A APPROVED PROVED A,. TO FOR 1 AGGREGATE E E / E DEDUCTIBLE RETENTION E -"' LL_ / J -- E WORKERS COMPENSATION AND L L'C Y SLTtAITS EMPLOYERS'LIABILITY �Usist3n[ (}[fir AI(OCp TW ETH R EL. EACH ACCIDENT E ANY PROPRIETOR/PARTNER/EXECUTIVE CV OFFICER/MEMBER EXCLUDED? E. L. DISEASE - EA EMPLOYEE E Ilyea deerdb. under —- E. L. GISCASE-POLICY'JMT E SFECIALFRObIS;ONSbalow OTHER A ILiability Professional US051023801 02/21/05 02/21/06 Ea Claim: $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIO 5 Professional Liability -Claims made form with defense costs ithin the limit. Re: Bid and Construction Assistance Services for Security Management System. *Except 10 days for non-payment. CERTIFICATE HOLDER CITYO-1 I SHOULDANYOF DATE THERAF_ City of Santa Ana 20 Civiv Center Plaza Santa Ana CA 92701 ED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI LkIFLLL ENDEAVOR TO MAIL 30* DAYSWRITTEN NAMED O THE LEFT, BUT FAILURE TO DO SO SHALL OF ANY ND UPON THE INSURER, ITS AGENTS OR ACORD CERTIFICATE OF LIABILITY INSURANCE OF ID R CYBER -1 DATE (1111110/YY) 09/21/05 PRODUCER Supple Insurance Services 701 B Street, Suite 246 San Diego CA 92101 Phone:619-595-0380 Fax:619-595-0381 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Cybernet Consulting Inp 3834 Murphy Ca92y23 {2d, NB202 San Diego CA INSURER A: U.S. Fidelity 6 Guaranty INSURER B. U.S. 6pacia1ty Ineu:soca Co. NSURER C: INSURER D: INSURER E. COVERAGES 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 RESPECTTO 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICYE DATE M DD/YY DATE (MM/DD/YYj LIMITS REPRESENTATIV AUTHORIZED REP SENTA GENERAL LIABILITY Robert R. Su e I EACH OCCURRENCE E 1000000 XGTU7A PREMS Eeurerce s300000 ISEotc X COMMERCIAL GENERAL LIABILITY BK02155753 07/25/05 07/25/06 CLAIMS MADE � OCCUR MED EXP (Any one person) E 10000 i PERSONAL& ADVINJURY $ 1000000 - GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO E 2000000 POLICYL JECT LOC A AUTOMOBILE LIABILITY ANYAUTO BK02155753 07/25/05 07/25/06 COMBINED SINGLE LIMIT (Ea accident) 51000000 BODILY INJURY (Par person) E ALL OWNED AUTO$ SCHEDULED AUTOS BODILY INJURY (Per accident) E X X HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANYAUTO AUTO ONLY. AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE S OCCUR CLAIMS MADE S S DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER E.L. EACH ACCIDENT E EMPLOYERS' LIABILITY ANY PROPRIETORMARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE EA EMPLOYEE 5 If yeCIAL PROVISIONS below s, desu ibe under SPE E L DISEASE -POLICY LIMIT E OTHER B Professional Liab. US051023801 02/21/05 02/21/06 Ea. claim 1000000 Aggregate 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS General Liability - The certificate holder is named as additional insured per attached CL/BF 2245 1102. Professional Liability - Claims made form with defense costs within the limit. * Exccept 10 -days for non-payment of premium. Re: All operations. uR, nee . Ili CANCELLATION CI YO -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION -----—----—"' -- DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWRITTEN ...k 1_ ..._C.1Y NOTICE TO THE CERTIFIC LDER ED TO THE LEFT, BUT FAILURE TO 00 SO SMALL IMPOSE NO OBLIGATI R LIAB TY F ANY K UP THE INSURER, ITS AGENTS OR City of Santa Ana 20 Civic Center Plaza REPRESENTATIV AUTHORIZED REP SENTA Santa Ana CA 92701 Robert R. Su e I ACORD 25 (2001108) 1 N NMVVRV VVRfVRR,IV, Policy Number. 11K02155753 Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following replaces the final paragraph of SECTION II. WHO IS AN INSURED, 1.: However, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Liability Coverage Part Declarations. This provision does not apply to you, for your participation in any past or present "unnamed joint venture", or if that person or organization is otherwise an insured under Paragraph 2. below. 2. The following is added to SECTION II. WHO IS AN INSURED, 2.: Person Or Organization Required By Written Contract Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the 'personal injury' or 'advertising injury' is first committed, but only with respect to that person's or organization's liability arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: (a) Your negligence; or (b) The negligence of another person or organization for whom you are liable; (2) "Bodily injury', "property damage', "personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) "Property damage' to: (a) Property owned, used or occupied by, or loaned or rented to, such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; or (c) "Your work' performed for the insured; or (4) 'Bodily injury", 'property damage", "personal injury" or "advertising injury" arising out of any architect's, engineer's or surveyors rendering of, or failure to render, any "professional service", when such person or organization is an architect, engineer or surveyor. (1) "Bodily injury", "property damage", 3. The following is added to SECTION II. WHO IS AN 'personal injury" or "advertising injury' INSURED: that does not arise out of: CL/BF 26 09 09 0.3 Includes copyrighted material or Insurance Services Office with its permission. Page 1 ol3 -., M1 Copyright, Insurance Services Office, Inc. 2001 2% GL Enhancement.max "Unnamed Joint Venture" You are an insured for your participation in any past or present "unnamed joint venture". However, you are not an insured if the "unnamed joint venture" has: a. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of any past or present "unnamedjoint venture" is an insured. v. The following replaces SECTION 111. LIMITS OF LIABILITY, 2. b.: b. Will apply separately to the sum of all: (t) Damages because of "bodily injury" and "property damage", under SECTION 1. COVERAGE, A. Liability above; and (2) Medical payments for "bodily injury", under SECTION I. COVERAGE, B. Medical Payments above; arising out of each location listed in the Schedule of Premises or each of "your projects"; and 5. The following replaces SECTION IV. CONDITIONS, 5. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non- contributory with, "other insurance" issued directly to a person or organization added as an additional insured under SECTION If. WHO IS AN INSURED,2.: (a) Paragraph h. Certain Additional Insureds By Contract or Agreement; or (b) Persons Or Organizations Required By Written Contract; insurance". This insurance will then be applied as primary insurance for damages for "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance'. 6. The following is added to SECTION IV. CONDITIONS, 5. "Other Insurance", b. Excess Insurance: This insurance is excess over any "other insurance" whether primary, excess, contingent or on any other basis that is available to you for your participation in any past or present "unnamed joint venture". 7. The following is added to SECTION IV. CONDITIONS, IL Transfer Of Rights of Recovery And Proceeds Against Others To Us: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under the Paragraph Person Or Organization Required By Written Contract of SECTION If. WHO IS AN INSURED, 2.: a. Because of payments we make for 'bodily injury', "property damage", "personal injury" or "advertising injury" arising out of 'your work" in ongoing operations or included in the'products•completed operations hazard"; and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury' or "property damage" occurs or the offense that causes the "personal injury' or 'advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. B. The following are if you specifically agree, in that written DEFINITIONS: contract or agreement, that this insurance must be primary to, and non- contributory with, such "other CUBF 26 09 09 03 rnclude9 copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Office, Inc. 2001 GL Enhancement.max added to SECTION V. Page 2 of 3 'Unnamed joint venture' means any joint venture in whichyou are a member or partnerwhere: a. Each and every one of your co -ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. 'Your premises" means any premises, site, or location owned or occupied by, or rented to, you. 'Your project': a. Means any premises, site or location at, on, or in which 'your work' is not yet completed; and b. Does not include 'your premises' or any location listed in the Schedule of Premises. All otherterms of your policy remain the same. CVOF 26 09 09 03 Includes copyrighted material of Insurance services Office with its permission. Page 3 of 3 7ioFNright. Insurance Services Office, Inc. 2001 GL Enhancement.max